Canadian TN holder and Unemployment Insurance Benefits

A

Arezan

New Member
I am a Canadian TN holder and was laid off on Jan 2021. Would I be able to collect unemployment benefits when I go back to Canada after my 2 months grace period? I read comments in another thread that service Canada will coordinate with US to transfer benefits to Canada and there was not a clear conclusion at the end of the thread. Nevertheless, I called service Canada and I was told I didn't make hours in Canada (which is true as I was working in US) thus I am not eligible to collect EI benefits in Canada. The thread I read was from April 2020 and I assume Covid-19 relieves was in effect at that time too. I know I can get UI benefits from EDD in California but I think it would be only for the two months I can stay in US as I won't be "available for a new job in US" after the grace period.
So my question as mentioned above is:
1- Can I collect unemployment benefits of EDD when I go back to Canada after my 2 months grace period? Assuming that EDD approves 1 year validity for receiving benefits after checking my I-94
2- Was there any case that the person went back to Canada and collected EI in Canada?
 
I am not too sure about EI in particular, but I had a friend of mine that also got laid off in the US recently. There is another program Ontario has which is specifically for people who do not qualify for EI called CRB. So maybe you could give that a try? Keep in mind, you need to have filed taxes in either 2019 or 2020 in Canada and had income above $5000 to qualify for CRB.

Hope this helps!
 
There is a service Canada page devoted to Cdns returning to Canada after working in US. Please review this page before contacting Service Canada again. Other programs notwithstanding, you are DEFINITELY entitled to either UI from the state you worked in, or, failing that, EI from Canada. The reason to contact Service Canada for them to tell you how to proceed with the particular state involved, not so much to begin paying you EI. They need to be involved as they need to advise the state that you are now in Canada and eligible to work in Canada, which will then allow the state to begin paying you.

Employment Insurance and workers and residents outside Canada - Canada.ca

If you merely apply for UI from your state, you will be denied on the basis of your expired temporary work status. That is why Service Canada needs to get involved. This needs to be made clear when talking to the SErvice Canada agent. The telephlunkie you spoke to was not very helpful or knowledgeable. There are specific offices taht deal with these cross-border cases.
 
nellytech said:
I am not too sure about EI in particular, but I had a friend of mine that also got laid off in the US recently. There is another program Ontario has which is specifically for people who do not qualify for EI called CRB. So maybe you could give that a try? Keep in mind, you need to have filed taxes in either 2019 or 2020 in Canada and had income above $5000 to qualify for CRB.

Hope this helps!
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Thank you for the recommendation. I'll consider this when I go back to Canada
 
Arezan said:
Thank you for the recommendation. I'll consider this when I go back to Canada
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Did you have any luck with this? I was in your shoes last year, and got no definitive response. Service Canada kept telling me there was nothing they could do, despite the website saying otherwise. So aside from 1 months benefits from NYS, I got nothing.
 
You needed to push this further. Obcvious;ly last year they were swamped with CERB, so they just blew you off.
 
Thanks Nelsona. I agree but got told by countless people at Service Canada and EI that there was nothing they could do. They only pointed me to CRB/CERB.

I have not heard of anyone being successful in getting US benefits through Canada (despite the website claiming they could help). If you can share some success stories and when this occurred, I’d be appreciative as it would let me know it’s possible.
 
Question: State UI claim forms asks for either the I-766 or I-551 information along with the Alien Number. Can anyone confirm if TN1 employees receive these? If not then TN1 employees cannot file for State UI. Thanks.
 
As already pointed out on this thread, former TNs are not considered ready to work, thus are ineligible for state EI benefits. They must re-establish Cdn residency and follow the process described above through Service Canada. The documents you list are for those with work authorization independent of TN, such as EAD or Green Card.
 
@nelsona

Have you encountered successful cases of Canadians being paid by a state EDD while in Canada?

I was working in the US last may-dec in California and now back in Canada. I made a claim with California EDD but they require permanent work authorization as expected.

I called the interstate line for western Canada and they said they do not process US claims at all, they only make claims for Canadians who worked for Canadian company in the US or are a cross border commuter.
 
This is not quite correct. They might not actually process the US claim (California would do that) but they should coordinate with Cali to get your UI.
Try again, perhaps with an other office (certainly with a more informed agent).
 
nelsona said:
This is not quite correct. They might not actually process the US claim (California would do that) but they should coordinate with Cali to get your UI.
Try again, perhaps with an other office (certainly with a more informed agent).
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I’ll try again tomorrow, dealing with the Canadian government is really a pain in the ass. https://www.canada.ca/en/services/benefits/ei/ei-outside-canada/apply.html I’m following the info here but no one seems to know what’s going on. I went to Canada place and they were clueless. I called EI main line and they don’t know either and told me to call the number for the western Canada interstate claims office and that office doesn’t even take calls, just a voice answering service where you leave your name phone number and sin, it seems to be just one person handling that line.
 
They seem to have re-vamped their website, and no longer have the detailed page on those who worked in US and have returned to Canada. But they do include this line which does apply in your case:

"You may be eligible for American Unemployment Insurance benefits if your last employment was in the United States and you now reside in Canada."

However, as I said, Service Canada is supposed to co-ordinate with the state UI system to prove your eligibility. That knowledge seems to ahve disappeared due to the many retirements at service Canada during COVID.

I think the Sudbury office would still be your best bet.
 
nelsona said:
They seem to have re-vamped their website, and no longer have the detailed page on those who worked in US and have returned to Canada. But they do include this line which does apply in your case:

"You may be eligible for American Unemployment Insurance benefits if your last employment was in the United States and you now reside in Canada."

However, as I said, Service Canada is supposed to co-ordinate with the state UI system to prove your eligibility. That knowledge seems to ahve disappeared due to the many retirements at service Canada during COVID.

I think the Sudbury office would still be your best bet.
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Thanks for the info! I will give the Ontario office a call tomorrow and see what they say.
 
Be clear that you are asking for assistance in your California UI claim, not any Cdn EI.
 
nelsona said:
Be clear that you are asking for assistance in your California UI claim, not any Cdn EI.
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it seems like the Sudbury number is an answering service as well, no one answering these phones. Their answering service also says they only service clients currently residing in the US as well. Service Canada is such a nightmare to deal with.
 
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