EI premiums, CPP and eligibility

[slammer]

We're in Canada since almost 4 years now with WP's; we've lived in BC and ON. The current employer in ON had to lay-off his employees for 4 weeks in spring. We applied for EI benefits. After about 4 weeks we received the answer that we were not eligible for EI benefits as we're in Canada with a WP and therefore only able to work for one employer.
We adressed our local MP and his office gave us the information, that - as long as we're in Canada with a WP and don't have PR status - we we had to pay the EI premiums but we won't be eligible for the benefits.

Same would go for the CPP.

As the nature of the WP is, we're only temporarily in Canada and won't retire here. And we can only hope that there will be no lay-offs anymore in the future.

So, my question is : has anybode out there had or heard of the same problem and might know a solution to it ?

It seems very unfair to me that everyone with a temporary work permit pays premiums for EI and CPP but is not eligible for any benefits - if need be ?
Is there a possibility to have income taxes or so reduced to compensate the loss of paying the EI and CPP premiums ?

Thanks for all good ideas !

 

[Leon]

Ok, this is interesting because on the HRSDC website, it says that you are eligible, see http://www.hrsdc.gc.ca/en/workplaceskills/foreign_workers/ei_tfw/ceie_tfw.shtml

Regular and sickness benefits can generally only be collected while workers are in Canada. Temporary foreign workers are eligible to receive regular and sickness Employment Insurance benefits if they are unemployed, have a valid work permit and meet eligibility criteria, including having worked a sufficient number of hours.

 

[slammer]

Ha, there you have it : "........meet eligibility criteria.........." That's the hook ! As per law, you are eligible when you can proof, that you are willing and able to work for anyone else while being laid-off.
The reason we were denied benefits was, because my husband was not able to work for someone else - as his WP is only valid for one company - as is the nature of the WP !!

It's really something that needs to be clarified. I think it's very unfair that all temp. workers have less on their payslip because they have to pay premiums for benefits they are not eligible for. Imagine all the money the government can keep.

 

[Leon]

Yes, that is unfair. Maybe you should write a letter to the minister at http://www.cic.gc.ca/english/department/minister/index.asp He would still qualify for sickness benefits though so it's not like he is completely without rights but this is definitely not full rights.

Any reason why you did not apply for PR yet being in Canada so long? If he is on a skilled permit, you would qualify to apply under the Canadian Experience class.

 

[slammer]

Yes, my husband is a 'skilled worker' but we don't want PR status in Canada. We have applied for the US-GC and are waiting since years. It doesn't make much sense to go back to our home country so we stay here !

We have contacted our MP which is Rob Nicholson, an important politician. But he gave us the answer that there is nothing we can do.

I was thinking about maybe writing a letter to a newspaper or so. Maybe it helps ?

 

[BCguy]

No,It wont help in most cases.Out of curiosity,Why didnt you go the PR way,Become Canadian then use the NAFTA rules to work and live in the US,Its the same as a Green Card???

 

[slammer]

@ BCguy

Good question ! I have to admit that we never thought about that possibility ??? And I guess, now that our case is completed and we're only waiting to be scheduled for the interview, it doesn't make any much sense anymore ?
How long would that take approx. to get the PR status ?

Rita

 

[Leon]

If you apply through a PNP, it may take as little at 6 months. Through CEC, there's not really enough experience to give a timeline since it's only been open for a few months.

Although, even if you can get Canada PR, if you move the to the US, you will just lose it again. As a PR, you can only live outside Canada for up to 1095 days in a 5 year period.

 

[slammer]

Of course it would only make sense to go through with the GC-process and apply for PR in Canada at the same time. But as I said, our case in the US is approved and completed and we're just waiting to be scheduled for the final interview. So for us it's too late.
We should have known this much earlier, but we simply didn't know that we had the possibility ?! Unfortunately. But it is as it is and there's no use to cry over it now.

Any good ideas about CPP or EI ?

 

[Leon]

It's probably best if you have time to take a trip to the Service Canada office to ask them in person if you can get any refunds when you move.

 

[slammer]

Hi Leon,

That's a great idea !

Thanks for taking the time answering my questions !