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Help RE maternity leave without a visa..?

laura8388

Star Member
Mar 25, 2013
77
3
Alberta, Canada
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
25-03-2013
AOR Received.
03-04-2013
Med's Done....
06-03-2013
:-X

Hi!

I applied for Spousal PR which began processing March 25 (inland). I am currently on a Work Permit which I renew each year with my current employer. The one I am on now expires March 1. So does my Alberta Health and SIN number.

I sent an Open Work Permit application a few months after the PR docs, so will hopefully get processed once Stage One is approved.

I just checked and the Timeline is now 11 months for Stage 1 approval; which would be Feb 25 (wouldnt be surprised if it was extended even further)

My baby is due March 1. (convenient date!)

SO: my question:
I will probably go off work some time in late Feb. Once my work permit expires on March 1, I will no longer have a SIN number, and cannot qualify for paid Maternity leave without a SIN!

Any advise on how to get around this? Fingers crossed mr OWP is processed before baby arrives but I HIGHLY doubt it. Cannot extend my WOrk Permit, as my employer would have to go to all the trouble of getting another positive LMO, etc, which is a time consuming process to expect them to do, when I wont even be working for them on the permit.

THANKS! ANy advise is appreciated!
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
laura8388 said:
:-X

Hi!

I applied for Spousal PR which began processing March 25 (inland). I am currently on a Work Permit which I renew each year with my current employer. The one I am on now expires March 1. So does my Alberta Health and SIN number.

I sent an Open Work Permit application a few months after the PR docs, so will hopefully get processed once Stage One is approved.

I just checked and the Timeline is now 11 months for Stage 1 approval; which would be Feb 25 (wouldnt be surprised if it was extended even further)

My baby is due March 1. (convenient date!)

SO: my question:
I will probably go off work some time in late Feb. Once my work permit expires on March 1, I will no longer have a SIN number, and cannot qualify for paid Maternity leave without a SIN!

Any advise on how to get around this? Fingers crossed mr OWP is processed before baby arrives but I HIGHLY doubt it. Cannot extend my WOrk Permit, as my employer would have to go to all the trouble of getting another positive LMO, etc, which is a time consuming process to expect them to do, when I wont even be working for them on the permit.

THANKS! ANy advise is appreciated!
I believe since you applied for OWP with your inland application, you have implied status and can continue working for your company under the same criteria as your current LMO, after your current LMO expires. This will be valid until you receive a decision on the OWP.
 

laura8388

Star Member
Mar 25, 2013
77
3
Alberta, Canada
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
25-03-2013
AOR Received.
03-04-2013
Med's Done....
06-03-2013
Thanks Rob,
Yes, I would be able to continue working for the same employer with implied status, BUT as I will be giving birth in Feb / March, I CANNOT continue working and need to apply for Maternity pay....
 

bethfaint

Star Member
Oct 9, 2012
68
0
123
Calgary, Alberta
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
10-26-2012
AOR Received.
12-21-2012
Med's Done....
10-20-2012
LANDED..........
12-11-2013
As soon as you recieved your OWP you will be entitled to healthcare. As long as you get the paperwork filled out!

If it doesnt come in time you will have to pay for health care up front, but once your OWP comes through you will be able to get a refund on anything you paid (keep your receipts!).

And if you submitted your OWP with your PR application then yes you are on implied status until they make a decision about you. This means you can work right up until you go on maternity leave even if your LMO expires.
 

bethfaint

Star Member
Oct 9, 2012
68
0
123
Calgary, Alberta
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
10-26-2012
AOR Received.
12-21-2012
Med's Done....
10-20-2012
LANDED..........
12-11-2013
laura8388 said:
Thanks Rob,
Yes, I would be able to continue working for the same employer with implied status, BUT as I will be giving birth in Feb / March, I CANNOT continue working and need to apply for Maternity pay....
Check the Service Canada (servicecanada.gc.ca) website in regards to recieving EI. You are expecting maternity leave pay from the government correct? If your employer pays you during your maternity leave too then because you are on implied status you are still entitled to that. However getting your EI from the government during this time is not possible without a vaild provinical health care number.
 

laura8388

Star Member
Mar 25, 2013
77
3
Alberta, Canada
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
25-03-2013
AOR Received.
03-04-2013
Med's Done....
06-03-2013
I can extend my health care 90 days from the expiry of my Work Permit, so will be good until June.

What I am concerned about is the Government paid Maternity Leave. I cannot get that without a SIN. - I don't think!

Thanks for your responses!
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
bethfaint said:
As soon as you recieved your OWP you will be entitled to healthcare. As long as you get the paperwork filled out!

If it doesnt come in time you will have to pay for health care up front, but once your OWP comes through you will be able to get a refund on anything you paid (keep your receipts!).
In Alberta, often people on visitor status are able to qualify for provincial health care simply by being the spouse of a resident. So perhaps her healthcare will remain valid during entire time... best to check the process with Alberta Health Care.
 

bethfaint

Star Member
Oct 9, 2012
68
0
123
Calgary, Alberta
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
10-26-2012
AOR Received.
12-21-2012
Med's Done....
10-20-2012
LANDED..........
12-11-2013
Rob_TO said:
In Alberta, often people on visitor status are able to qualify for provincial health care simply by being the spouse of a resident. So perhaps her healthcare will remain valid during entire time... best to check the process with Alberta Health Care.
I am currently filling out my Alberta Healcare form to be put on husbands card now that I have a n OWP. On the form it states 'Alberta resident: A person lawfully entitled to be or to remain in Canada.....but does not include a tourist, transient or visitor'.

I was not allowed to be on my husbands healthcare until my OWP came through. Even though I came here on a work permit before, had my own Alberta Healthcare number as well. Because I had no valid work permit and was on implied status I could not get healthcare apparently.
 

laura8388

Star Member
Mar 25, 2013
77
3
Alberta, Canada
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
25-03-2013
AOR Received.
03-04-2013
Med's Done....
06-03-2013
I have been in canada 4 years so have had Alberta Health that entire time (covered with Work Permits).

When I applied to change my name on it, because we got married, it said it HAD to be combined with my husband's. So I guess that means it won't expire when my Work Permit / SIN does? Not sure. However every other year, my work permit came in a little later than the prior one expiring so have always had to get 90 days extension and it was just a phone call, so am not concerned about that :)
 

bethfaint

Star Member
Oct 9, 2012
68
0
123
Calgary, Alberta
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
10-26-2012
AOR Received.
12-21-2012
Med's Done....
10-20-2012
LANDED..........
12-11-2013
laura8388 said:
I have been in canada 4 years so have had Alberta Health that entire time (covered with Work Permits).

When I applied to change my name on it, because we got married, it said it HAD to be combined with my husband's. So I guess that means it won't expire when my Work Permit / SIN does? Not sure. However every other year, my work permit came in a little later than the prior one expiring so have always had to get 90 days extension and it was just a phone call, so am not concerned about that :)
Then you should be fine if you are already combined with him. I wasnt combined with my husbands (as we werent married when I came into the country initially) so I wasnt entilted to healthcare until my OWP came through.

Might be worth checking the Service Canada website anyway.
 

truesmile

Champion Member
Jun 7, 2012
2,622
94
Category........
Visa Office......
MNL
Job Offer........
Pre-Assessed..
App. Filed.......
25-05-2012
AOR Received.
18-07-2012
File Transfer...
24-07-2012
Med's Done....
18-05-2012
Interview........
WAIVED
Passport Req..
05-12-2012
VISA ISSUED...
08-01-2013
LANDED..........
02-02-2013
Folks! The OP has said it MANY times, she is not concerned over HealthCare. She is concerned about EI benefits once her SIN expires! That is correct, your EI benefits terminate once your SIN expires. Not sure there is a work-around, other than renewing all of the above before it expires. I believe you can start the renewal process up to 90 days in advance. But if your OWP comes through your SIN will have the same expiry date.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
truesmile said:
She is concerned about EI benefits once her SIN expires! That is correct, your EI benefits terminate once your SIN expires. Not sure there is a work-around, other than renewing all of the above before it expires. I believe you can start the renewal process up to 90 days in advance. But if your OWP comes through your SIN will have the same expiry date.
In order to work legally in Canada, you must have an active SIN. So if you are allowed to work under implied status after an expired LMO with the same company, doesn't that mean your SIN must also stay active during that time and the expiry date would automatically be extended?
 

laura8388

Star Member
Mar 25, 2013
77
3
Alberta, Canada
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
25-03-2013
AOR Received.
03-04-2013
Med's Done....
06-03-2013
Rob_TO said:
In order to work legally in Canada, you must have an active SIN. So if you are allowed to work under implied status after an expired LMO with the same company, doesn't that mean your SIN must also stay active during that time and the expiry date would automatically be extended?
Yes the SIN would extend with 'implied status' if you continue to work with same employer, but i wont be working.

truesmile said:
Folks! The OP has said it MANY times, she is not concerned over HealthCare. She is concerned about EI benefits once her SIN expires! That is correct, your EI benefits terminate once your SIN expires. Not sure there is a work-around, other than renewing all of the above before it expires. I believe you can start the renewal process up to 90 days in advance. But if your OWP comes through your SIN will have the same expiry date.
THANK YOU!!!!! :) FIngers crossed my OWP comes through in time they hey!!! I can't renew the Work Permit I am on as our LMO has expired. Wait and see i guess :)
 

laura8388

Star Member
Mar 25, 2013
77
3
Alberta, Canada
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
25-03-2013
AOR Received.
03-04-2013
Med's Done....
06-03-2013
Also; FYI you other guys, I just called Alberta Health to confirm what I thought, and although I am listed together with my husband. my side of the healthcare stops when my work permit expires. It CAN be extended up to 90 days as long as I call before it expires.
So I wont be paying out of pocket for an expensive hospital birth, PHEW :)
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
laura8388 said:
Yes the SIN would extend with 'implied status' if you continue to work with same employer, but i wont be working.
But with implied status you could be working under the same conditions as your current LMO. Its your decision not to work. So based on the fact you could choose to work with your employer during this time, then it makes sense that your SIN number should stay active during the entire implied status time.
Most likely it's best to simply call the SIN department of the government, and ask!

Also; FYI you other guys, I just called Alberta Health to confirm what I thought, and although I am listed together with my husband. my side of the healthcare stops when my work permit expires.
In case it becomes an issue if OWP isn't received before the 90 days is up... then you should try to re-apply for Alberta Health Care based solely as a dependent (spouse) of an Alberta resident. Other people on this site have successfully done this while here of visitor status, so perhaps there is a special way to ask, or a particular department you need to contact.