Would EI considers this Ilegal?

[Glady 0]

I've submitted work for EI for parental leave as we had first child last month. I'm also waiting for CR interview from montreal as my case is complete. I know I will begin recieving the EI for parental leave before the Interview. My Question if i continue with the Benefit after I 'm in the US as a perminent resident wil taht be ilegal in Canada and will that cause any tax inplications. I will eligible to receive until march 2008 and my hope is a visa will be grated some time late summer early fall.

[Chica Yeyé 41]

I've submitted work for EI for parental leave as we had first child last month. I'm also waiting for CR interview from montreal as my case is complete. I know I will begin recieving the EI for parental leave before the Interview. My Question if i continue with the Benefit after I 'm in the US as a perminent resident wil taht be ilegal in Canada and will that cause any tax inplications. I will eligible to receive until march 2008 and my hope is a visa will be grated some time late summer early fall.

Glady,

I am NO expert (heck, I'm not even Canadian, I just serendipitously live here); but from what I know, EI is a benefit for Canadian citizens and landed immigrants, right? So, me thinksss that even if you leave for a while you are still eligible without it being ilegal. After all, you WILL have to file with Canada Revenue in the following year....

but then again, I am no expert. I'm sure other wiser members will give you more accurate information.

Best, L.

[Emancipation 2]

But you paid in right? From what I know it doesn't matter where in the world you are just as long as you paid in and are elligible. You are relocating to be with your spouse correct? You can always call them and ask as well.. just to make sure you are on the right track. I personally would want to know before I moved to the US. But there are loads of us on here collecting EI who are in the US (relocation to be with your spouse).

[Flames9_RN 358]

I would call them, they are very nice. I wouldnt tell them when you expect to be moving exactly, say it couild be late fall, early 2008.

[zyggy 9]

This is from the EI Regulations:

(4) A claimant is not disentitled from receiving benefits in respect of pregnancy, the care of a child or children referred to in subsection 23(1) of the Act, the care or support of a family member referred to in subsection 23.1(2) of the Act or while attending a course or program of instruction or training referred to in paragraph 25(1)(a) of the Act, for the sole reason that the claimant is not in Canada.

(5) A major attachment claimant whose most recent interruption of earnings prior to making a claim for benefits is from insurable employment outside Canada is not disentitled from receiving benefits for the sole reason that the claimant is not in Canada if

(a) the benefits are in respect of pregnancy, the care of a child or children referred to in subsection 23(1) of the Act or the care or support of a family member referred to in subsection 23.1(2) of the Act;

(B) the claimant proves that they are incapable, by reason of illness, injury or quarantine, from performing the duties of their regular or usual employment or of other suitable employment.

(6) Subject to subsection (7), a claimant who resides outside Canada, other than a major attachment claimant referred to in subsection (5), is not disentitled from receiving benefits for the sole reason of their residence outside Canada if

(a) the claimant resides temporarily or permanently in a state of the United States that is contiguous to Canada and

(i) is available for work in Canada, and

(ii) is able to report personally at an office of the Commission in Canada and does so when requested by the Commission; or

(B) the claimant is qualified to receive benefits under Article VI of the Agreement between Canada and the United States respecting Unemployment Insurance, signed on March 6 and 12, 1942, and resides temporarily or permanently in one of the following places in respect of which the Commission has not, pursuant to section 16 of the Employment and Immigration Department and Commission Act, suspended the application of that Agreement, namely,

(i) the District of Columbia,

(ii) Puerto Rico,

(iii) the Virgin Islands, or

(iv) any state of the United States.

(7) Subject to subsection (10), the maximum number of weeks for which benefits may be paid in a benefit period, in respect of a claimant referred to in subsections (5) and (6) who is not disentitled from receiving benefits, is

(a) in the case of benefits that are paid for a reason referred to in subsection 12(3) of the Act, the applicable number of weeks referred to in subsections 12(3) to (6) of the Act; and

(B) in any other case, in respect of the number of hours of insurable employment in the claimant's qualifying period set out in column I of the table to this subsection, the corresponding number of weeks set out in column II of that table.

Table Column I Column II

Item Number of Hours of Insurable Employment Number of Weeks of Benefits

1. 420 - 454 10

2. 455 - 489 10

3. 490 - 524 11

4. 525 - 559 11

5. 560 - 594 12

6. 595 - 629 12

7. 630 - 664 13

8. 665 - 699 13

9. 700 - 734 14

10. 735 - 769 14

11. 770 - 804 15

12. 805 - 839 15

13. 840 - 874 16

14. 875 - 909 16

15. 910 - 944 17

16. 945 - 979 17

17. 980 - 1014 18

18. 1015 - 1049 18

19. 1050 - 1084 19

20. 1085 - 1119 19

21. 1120 - 1154 20

22. 1155 - 1189 20

23. 1190 - 1224 21

24. 1225 - 1259 21

25. 1260 - 1294 22

26. 1295 - 1329 22

27. 1330 - 1364 23

28. 1365 - 1399 23

29. 1400 - 1434 24

30. 1435 - 1469 25

31. 1470 - 1504 26

32. 1505 - 1539 27

33. 1540 - 1574 28

34. 1575 - 1609 29

35. 1610 - 1644 30

36. 1645 - 1679 31

37. 1680 - 1714 32

38. 1715 - 1749 33

39. 1750 - 1784 34

40. 1785 - 1819 35

41. 1820 - or more 36

(8) Subject to subsection (10), a claimant referred to in subsections (5) and (6), for whom a benefit period has been established and who subsequently becomes resident in Canada, continues to be entitled to receive benefits for not more than the maximum number of weeks referred to in subsection (7).

(9) Subject to subsection (10), the maximum number of weeks for which benefits may be paid in the benefit period, in respect of a claimant for whom a benefit period has been established in Canada and who subsequently becomes a claimant referred to in subsection (6), is the greater of

(a) the number of weeks for which the claimant has already received benefits in Canada; and

(B) the number of weeks to which the claimant would have been entitled under subsection (7) if the claimant had been temporarily or permanently resident in a place referred to in subsection (6) when the benefit period was established.

(10) In a claimant's benefit period, a claimant who is not in Canada or a claimant referred to in subsection (8), subject to the applicable maximums set out in paragraphs (7)(a) and (B), may combine the weeks of benefits to which the claimant is entitled, but the total number of weeks of benefits shall not exceed 50. If the benefit period:

(a) is extended under subsection 10(13) of the Act, the maximum number of combined weeks is 65;

(B) is extended under subsection 10(13.1) or (13.2) of the Act, the maximum number of combined weeks is 56; and

© is extended under subsection 10(13.3) of the Act, the maximum number of combined weeks is 71.

(11) A claimant is not disentitled from receiving benefits for the sole reason that the claimant is outside Canada if the claimant is outside Canada, with the approval of the Commission, in the course of the claimant's employment under the Self-employment employment benefit established by the Commission under section 59 of the Act or under a similar benefit that is provided by a provincial government or other organization and is the subject of an agreement under section 63 of the Act.

(12) Subject to subsection (13), where a claimant makes a claim for the purposes of this section, the claim shall be sent in an envelope or package addressed to the Commission, by mail or by means of a confirmed delivery service.

(13) Where a claim is sent by the claimant to the Commission in a manner other than the manner required by subsection (12), the claim shall be reviewed by an employee of the Commission at the time of importation.

So you can get the benefits, but they're limited to 36 weeks like everyone else. If when you leave, you're already gotten 36 weeks, your benefits stop when you enter the US.. they do not continue for the full 52 weeks like they would have if you were still in Canada...

There ARE tax implications. The first is that you will have to pay income taxes on the benefit until the time that you leave Canada as if you were still a resident of Canada. Upon you're leaving Canada date, you need to contact HRSDC and they will begin taxing your EI bebefits at the 25% non-resident tax rate. These benefits are not taxable in Canada, but they ARE taxable in the US. Look at the taxation threads in the area to get more information about cross border taxation...

Edited June 26, 2007 by zyggy

[Udella&Wiz 325]

I would call and ask - Canadians can certainly collect under certain circumstances while we're living outside Canada... what would you have to lose? If they say not once you move to the US...you would had to cancel it regardless because sooner or later they figure things out and you'd have to back pay, right?

Or...they could say Yes and that would be great!

Goodluck......my beef is that I can only collect if I have employment authorization - which we all know is a few months down the road once married...it ticks me off that I've paid for the last 18 years and now when I want to collect for a few months while 'waiting' to be eligible to work...I can't.

Udella

[misa 2]

Goodluck......my beef is that I can only collect if I have employment authorization - which we all know is a few months down the road once married...it ticks me off that I've paid for the last 18 years and now when I want to collect for a few months while 'waiting' to be eligible to work...I can't.

K1s are employment authorised. You can collect EI after you cross (not sure if it's before or after marriage). Have a look through the pinned EI thread.

K3s are the ones that need to wait for an EAD or greencard. Still waiting for my EAD...

(sorry, don't mean to derail the thread)

[Peggy 1]

They denied my EI. I even appealed the case. They told me that I should not have quit my job on May 8 when I was not moving to the US until May 24. Then they asked when I got married and told me again that if I wasnt planning on getting married until Aug that I should not have moved until the end of July.

Case closed for me.

They can shove it where the sun dont shine.

I paid in for the last 24 years and got ####### from them.