Filing for EI before K1 Approval?

[Sam and Ben 2]

So it looks like my company is going to be downsizing (their one employee -- me) unfortunately, and as we don't even have our NOA2 yet, I am going to be looking for another job. However, Southwestern Ontario, and more specifically, the Windsor area, has one of the highest unemployment rates around. The likeliness of me being able to find a job for the next six months is next to impossible, so I'm going to be looking into applying for EI.

Now first off, to state, I have no experience with EI, I've never had to file a claim... I just know I lose money to it each month, heh.

There is a thread here for filing once crossing the border, and I have looked through it in the past, but I guess I was looking for some insight into my own situation here.

I've worked near-full to full time for the past three years. I'm eligible for something, at least, according to their own website. But I do have some concerns:

- At some point, is it going to come up that I am clearly seeking a visa to the states, and therefore all attempts (though there will be attempts) made to find another job will be deemed half-hearted and temporary anyhow?

- Will the loss of my job affect attempts to cross the border with our K1 ongoing? I know that being unemployed doesn't necessarily affect, with sufficient documentation otherwise, however, will being recently unemployed look like I'm simply tying up ends over here and attempting to hop over?

- Assuming I am entitled to more than, say, six months of benefits, but I'm hoping against hope that I get an interview date around October (please, oh, please), what's the likeliness that I'll still be eligible to receive benefits once I cross using the visa? (I know this one might be tough to the circumstances faced at the time, ie some folks finding they were able to receive prior to the expiration of the K1, some not being able to until EAD came through, etc etc. Just wondering if anyone had experience with collecting before and after crossing the border.)

It never is a good time for any of these things... I really appreciate someone's insight into my situation.

[Carlawarla 1]

So it looks like my company is going to be downsizing (their one employee -- me) unfortunately, and as we don't even have our NOA2 yet, I am going to be looking for another job. However, Southwestern Ontario, and more specifically, the Windsor area, has one of the highest unemployment rates around. The likeliness of me being able to find a job for the next six months is next to impossible, so I'm going to be looking into applying for EI.

Now first off, to state, I have no experience with EI, I've never had to file a claim... I just know I lose money to it each month, heh.

There is a thread here for filing once crossing the border, and I have looked through it in the past, but I guess I was looking for some insight into my own situation here.

I've worked near-full to full time for the past three years. I'm eligible for something, at least, according to their own website. But I do have some concerns:

- At some point, is it going to come up that I am clearly seeking a visa to the states, and therefore all attempts (though there will be attempts) made to find another job will be deemed half-hearted and temporary anyhow?

- Will the loss of my job affect attempts to cross the border with our K1 ongoing? I know that being unemployed doesn't necessarily affect, with sufficient documentation otherwise, however, will being recently unemployed look like I'm simply tying up ends over here and attempting to hop over?

- Assuming I am entitled to more than, say, six months of benefits, but I'm hoping against hope that I get an interview date around October (please, oh, please), what's the likeliness that I'll still be eligible to receive benefits once I cross using the visa? (I know this one might be tough to the circumstances faced at the time, ie some folks finding they were able to receive prior to the expiration of the K1, some not being able to until EAD came through, etc etc. Just wondering if anyone had experience with collecting before and after crossing the border.)

It never is a good time for any of these things... I really appreciate someone's insight into my situation.

Wow, I'm so sorry to hear about your job loss...the timing couldn't have been worse for you as well. There have been some changes to EI recently, but given my own experience, and what I know, I hope I can answer some of your questions. Surely people will pop in and provide more information.

- It will be tough to find a job, especially if you tell your potential employer you'll be leaving. Maybe you need to look for some temp work through an agency? Or, don't tell your employer at the job interview stage.

- if it looks like you have enough weeks in right now to apply for EI, and you can't get by without it, you're going to have to apply for it. I think EI is for 36 weeks? If you've used up your 36 weeks before you leave...you can't reapply, or get some kind of extension because you're moving.

- having a job is only one way of providing evidence of your ties to Canada. Rent or lease papers, mortgage, appointment letters, bank statements, copies of your visa appications or NOA1 at least for now will help. If you're working for a temp agency, you could have them write up something. As well, if you'll be visiting and you've got EI, you can provide a letter from them, or cards...just remember however that you can't collect when you're going for a visit

- if you do get a job prior to getting your visa, once you cross, you can't get EI benefits now until you get your EAD, which is after your marriage and application for your AOS. You used to be able to get EI benefits up until you got your EAD, then after, until you got a job, but my understanding is that now you can't? You might want to wait until someone more recent can speak to this, or check the EI thread above.

I hope you are sucessful in your job search. You didn't say when you're going to be out of work, so hopefully you have some time to start to look. You might want to look at if EI will subsidize your income as well. I don't know what you make where you are right now, but if, because of the economy there is nothing that pays near what you make, perhaps they can top up your salary if you have to take a lower paying job.

Best of luck and I hope your journey moves swiftly!

[trailmix 77]

Hi SamandBen,

Well that is bad timing with your job, sorry to hear that!

I have nothing to add to what Carla said, but wanted to say good luck in finding a temp job until you move

[Hugglebuggles 60]

I don't have to much to add, aside from the fact I read somewhere you need 800 logged hours to file for EI, and that generally you should apply within 2 weeks of your exit date. Personally, I found myself in the same situation but much closer to my move date. I have never worked fill time, aside from in the summertime while I was in school, and when I gave my boss my two weeks notice before moving, she basically just cut me lose from the company. However, I did some calculations and I decided not to bother with EI. First, I only had about 850 hours so the payout would be quite small, and second, it seems now they aren't giving EI benefits to K-1's until after the EAD is received, and I won't need it then. Finding a job in the US is difficult, but I have some fall backs (my fiances family business) so I won't be unemployed with my EAD for long. Given that, I also didn't feel as though I deserved EI. I've never worked full time, I haven't paid that much into the system since i've only been working for 4 years of my life, and I have no intention of reinvesting those funds into the Canadian economy. I'm a very politically aware person, and my political beliefs really do effect how I live my life.

But don't get me wrong, I'm not saying you don't diverse it. You paid into it, you're entitled to it. Finding a new job will be very difficult unless you lie about your intentions with the company. You're so young that I'm guessing you don't really have a high powered career of sorts, so maybe it would be worth getting a crappy low paying job for 6 months just to bring in some income, and then just take off when you want, who cares. Regardless of your decision, good luck!

[bowflex 0]

I'm really sorry to hear about your situation. My wife's family lives in Windsor and it's crazy to see all the little shops and stores closing all over the place. I wish you a lot of luck!!!

[trailmix 77]

I agree with you that people shouldn't take benefits they aren't really entitled to, I like that outlook - however - I just wanted to point out that it's not just your contribution. We all made/make contributions to EI - for each other. Even if you only think of your immediate family, Mother, Father, Brothers and Sisters, they all contribute as well, so that when there is a need for it, it's there.

[Danu 19]

*hugs* I'm going through the same thing. My company laid me off at the beginning of June because they knew eventually I would be moving (didnt have NOA2 at that stage) and with not knowing how long things are going to take I have also been forced to start my EI claim. Its really hard to find anything around here period that comes even close to what I was getting paid, or what EI is paying me unfortunately, and I can't do the whole second career thing the ontario gvt is offering because all the classes start in September and are at least a year in length.

For your questions, like Carla said, you can find a temp agency or just dont tell and prospective employers you are going to leave at some point. They really dont need to know and it was THE reason they didnt keep me over other staff, because they didnt want to retrain someone. For visits you can use other things, car payments, rental agreements...some people have mentioned using their K1 to prove they have done the legal thing and will be coming back, though I'm not sure you would necessarily want to chance that.

For EI benifits themselves the length and amount you will receive will be dependant on the unemployment in your region right now. Where I am its 6%, and my forms show about 1900 hrs so I am technically eligable for 47 weeks, though they may shave some of that off. I suggest trying to see what your unemployment rate is where you are and then look at the table they have on the EI site. Its not going to be 100% accurate but it might help to give you an idea of what you might get to help ease your mind for now.

((((((((((HUGS)))))))))))

I definately know what you are going through.

[Texanadian 10]

Since you'll be a Canadian in Canada collecting, you'll be good for a max of 50 weeks rather than 41 weeks as Canadians in the US are allowed. From the sounds of your past work experience (full time), you shouldn't have any problems qualifying.

I never was asked about paperwork showing my utility bills etc when crossing the border. However, as an unemployed person I don't think you'll be doing too much traveling to the USA as it's cost prohibitive. Obviously this depends on where you and your spouse live. Since you'd be traveling all the way to Florida, it's going to be expensive to fly. Cheaper if it was Ontario and New York.

After crossing the border when you active the K-1, I'm not sure if you could simply resume the left over Canada EI or if you would start a new claim with Canada EI. Depends partly on when you move (you get 1 year to use your EI claim once it's been started) But again, I'm not sure if it would be the same or different since you'd be living in the US.

[Sam and Ben 2]

Thank you for the well wishes... and *hug* to everyone else facing this right now too.

No, it's never a good time, but I'm certainly not the only one, and the best thing we can all do is try to get through it. We're far better off than some... at least hubby-to-be still has his job (and my heart truly goes out to families that are completely out of work).

I don't have to much to add, aside from the fact I read somewhere you need 800 logged hours to file for EI, and that generally you should apply within 2 weeks of your exit date. Personally, I found myself in the same situation but much closer to my move date. I have never worked fill time, aside from in the summertime while I was in school, and when I gave my boss my two weeks notice before moving, she basically just cut me lose from the company. However, I did some calculations and I decided not to bother with EI. First, I only had about 850 hours so the payout would be quite small, and second, it seems now they aren't giving EI benefits to K-1's until after the EAD is received, and I won't need it then. Finding a job in the US is difficult, but I have some fall backs (my fiances family business) so I won't be unemployed with my EAD for long. Given that, I also didn't feel as though I deserved EI. I've never worked full time, I haven't paid that much into the system since i've only been working for 4 years of my life, and I have no intention of reinvesting those funds into the Canadian economy. I'm a very politically aware person, and my political beliefs really do effect how I live my life.

But don't get me wrong, I'm not saying you don't diverse it. You paid into it, you're entitled to it. Finding a new job will be very difficult unless you lie about your intentions with the company. You're so young that I'm guessing you don't really have a high powered career of sorts, so maybe it would be worth getting a crappy low paying job for 6 months just to bring in some income, and then just take off when you want, who cares. Regardless of your decision, good luck!

The hours required to qualify all depend on where you live, and the unemployment rate in the area.

For anyone curious, this is where June is sitting: http://srv129.services.gc.ca/eiregions/eng/rates_cur.aspx.

The unfortunate thing about those low-wage jobs is that the college kids took them, since the usual summer placements were all taken by the full-time, high-wage employees who found themselves without work in the past year. My optimism isn't high, but I'll certainly be trying regardless. Whether or not I plan to be honest about my temporary placement... I don't know. I guess I'll cross that bridge when and if it seems like a possibility.

Far as border crossing, from what everyone's saying, sounds like my normal routine of paperwork will suit me fine. I guess I was just concerned about how it would seem that I was suddenly without work, since it's clear my intention is to cross over permanently at some point... I wouldn't want them to think that this was all in an attempt to jump the gun and cross over undetected.

Thanks for alleviating some of my concerns.