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Maternity Benefits after Work Permit Expires!!

Printed From: Canada Immigration and Visa Discussion Forum
Category: Canada Immigration Topics
Forum Name: Family Class Sponsorship
Forum Description: A review of current sponsorship programs (permanent residence) promoting the reunion in Canada of close relatives from abroad.
URL: https://secure.immigration.ca/forum/forum_posts.asp?TID=14639
Printed Date: 19 Mar 2024 at 4:33am


Topic: Maternity Benefits after Work Permit Expires!!
Posted By: topgun22x
Subject: Maternity Benefits after Work Permit Expires!!
Date Posted: 05 Dec 2013 at 2:49pm
I'm on a work permit that expires in  Feb 2013 and I'm pregnant and will be going on Maternity leave next month with EI Maternity  benefits. I've also got an Inside Canada Spousal PR application in process (I think that means I'll have implied status). 

 I was hoping someone can tell me if 1)I will still continue to get EI Maternity benefits once my Work Permit expires since I have implied status and 2) Is there anything else I need to do to maintain my benefits till my PR application completes. 

Thanks a lot. This would really help



Replies:
Posted By: Dg1980
Date Posted: 05 Dec 2013 at 8:54pm
1) you need to get a renewed Work Permit and also a valid Social Insurance Number. I just went through your exact situation. My baby is now one year old. Even though I had a valid WP my social had expired and I didnt bother renewing. EI called to let me know I have to get both. Otherwise you will only get EI up until WP expires which sucks. Apply for the renewal ASAP and submit to EI when they ask and they will ask.

2) did you get AIP as yet? Approval in Principle? If so then just renew WP and you are set for EI. In addition you would need to have your work permits for the past 52 weeks to maximize your benefits. So that would mean the one you currently have. Plus the new one and possible your last expired one ( depending on the length of the current one : one year or two year). As mentioned you need both work permits and SIN To get mat leave. Work permit has to be valid throughout mat leave.

-------------
Applied :2006
PRRA/H&C. Rejected : 2008
Judicial review sent back to redetermined : 2009
AIP H&C : nov 2011
Clearance : 07/2012
New medicals : 29/01/14
Decision Made:25/03/14
Landed : 27 March,2014


Posted By: topgun22x
Date Posted: 06 Dec 2013 at 9:46am
Thank you. This is so useful to know. 

I had got a work permit after studying here and applied for PR under the skill worker category 2 years ago too and got rejected because my work doesn't fall under their eligibility requirements. I'm still on the first stage of the spousal PR app but because of the strike it's probably going to get delayed till after my work permit expires so I don't know if I will have AIP till then so I could be under the situation where my work permit expires, I don't have AIP, I've just given birth, don't have EI that I paid into and can't work. I think I could apply for an extension of the work permit but since I got turned down last time I'm not sure I'll get it again :(


Posted By: Bogi
Date Posted: 20 Jan 2014 at 5:21pm
Hi Everyone,

Me and my husband are planning on having a baby and would like to see clearly what our options are in terms of pregnancy / parental benefits. We are in a specific situation and not sure what rules apply to us. Let me describe our situation in more details.

We are both staying temporarily in Ontario on work permit (have been here for 15 months now). The WP application was under my name and my husband got a spouse WP. I'm on a fixed term contract at work that is going to end in January, 2015 (so as my WP). My employer's intention however is to make me a full-time employee (without a fixed contract) when my current contract ends. No steps have been made toward this yet (and will probably not until October / November, 2014).

My question is if I'm eligible to get pregnancy and parental benefits in the following options (if yes, for how long?):
a) if my contract ends (and not further extended) while I'm still pregnant (for example my contract ends January 30, 2015 and I give birth in March, 2015).
b) my contract ends after I give birth (for example I give birth in December, 2014 and my contract ends in January, 2015.

I know that if my work contact does not get extended, I can change my status to visitor before my WP expires. However I can stay as a visitor only for 6 months as I know. Does it mean that I would only be receiving the benefits for 6 months and had to leave the country then?

As I mentioned above there is an option that i will be employed as a full time employee for an undetermined period after January, 2015. If it happens, what is the difference in terms of the benefits? Am I correct that I would get all the benefits like a "normal" person (55% of my average insurable weekly earnings, up to a maximum amount ($514 per week) for a maximum period of 15 + 35 weeks)?

One more thing to complicate my story with Smiley. As I understand from the servicecanada.gc.ca website, someone who is eligibe for EI maternity or parental benefits can leave Canada while receiving these benefits. I would most probably like to go to my home country for the period of my maternity leave. Do you know if this has any conditions / any strings attached? Do I have to come back after the benefit paying period ends? What if I decided to stay in my country after my maternity leave ends and not coming back?

Any responses would be much appreciated.



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