Laid Off in Canada: How to Claim EI
Employment Insurance (EI) eligibility for temporary foreign workers in Canada: what you need to know
Losing a job is stressful. If you’re a temporary foreign worker in Canada, you may be able to claim EI regular benefits — but eligibility depends on specific conditions and documentation. Below is a clear summary of who can claim, what you need, how much you might get, and the practical steps and timelines to expect.
How EI regular benefits work for non‑permanent residents
EI regular benefits replace part of lost income when you lose a job through no fault of your own (for example, a layoff or shortage of work). Temporary foreign workers can qualify if they meet the program’s eligibility criteria and hold a valid work permit.
– Open work permit holders: can claim EI if the permit remains valid and other conditions are met.
– Closed (employer‑specific) work permit holders: can file a claim, but approvals are less certain because the right to work is tied to a single employer. Some on closed permits have succeeded; some have been refused.
– Canadians employed by Canadian companies but working abroad may be covered by EI unless their employment is insured by the country where they work.
Eligibility: key requirements
To qualify for EI regular benefits you must meet all of these:
– Have been employed in “insurable employment” (your employer deducted EI premiums).
– Have worked enough insurable hours in the qualifying period (usually the 52 weeks before your claim; hours required typically range from 420 to 700 depending on regional unemployment).
– Have lost your job through no fault of your own (not a voluntary quit or dismissal for cause).
– Have had at least seven consecutive days without work and pay in the last 52 weeks.
– Be ready, willing and capable of working each day, be in Canada in most cases, and be actively looking for work.
Note: If you received pay in lieu of notice or a severance, you can apply immediately but benefit payments will be delayed until that period has elapsed.
How much you can receive and how long benefits last
– EI is generally calculated at 55% of your average insurable weekly earnings, up to a maximum.
– 2024 figures in the source: maximum yearly insurable earnings $63,200; maximum weekly EI payment $668.
– EI benefits are taxable; Service Canada will withhold some tax from payments.
– Duration depends on regional unemployment and hours worked — typically between 14 and 45 weeks.
How to apply and what to expect
– Apply online as soon as you stop working. You’ll need your SIN, banking details, employment information, and addresses. The application takes about an hour; unfinished applications are saved for three days.
– Records of Employment (ROEs): employers should issue ROEs within five calendar days after the final pay period. Employers may send ROEs directly to Service Canada or give a copy to you. Apply without waiting for your ROE to avoid payment delays.
– Service Canada communication: they may email you to ask you to call for more information. They do not request sensitive information by email.
– Decision timeline: Service Canada’s service standard is to decide within 28 days of filing.
– If approved, you must submit bi‑weekly reports online to keep receiving payments. A four‑digit code will be mailed to you; keep it with your SIN for reporting.
– Waiting period: there is a one‑week waiting period with no payment. Payments are issued after you submit each bi‑weekly report and may take 2–3 business days to appear in your account.
– If you receive benefits you were not entitled to, you must repay them.
Working part‑time while receiving EI
Part‑time or contract work can be compatible with EI, but you must report any earnings in your bi‑weekly reports. Reported earnings reduce benefit amounts; failing to report can lead to overpayments and repayment obligations.
Risks and common pitfalls for temporary foreign workers
– Permit status: if your work permit expires or you leave Canada, you generally cannot receive EI unless you can prove you remain available for work in Canada.
– Closed permits: claims may be refused if your legal ability to work is tied to the former employer.
– Documentation: keep pay stubs showing EI deductions and your ROE(s). Employers must issue ROEs within five calendar days after the final pay period.
– Job search proof: keep records of applications, interviews, and contacts in case Service Canada asks.
– Severance and pay in lieu of notice delay payments.
– Always report work and earnings during the claim period to avoid overpayments.
Practical scenarios
– Laid off on an open work permit: apply immediately; expect a decision within about 28 days and a one‑week waiting period.
– Laid off on a closed work permit: file a claim but be prepared for possible refusal; keep detailed records.
– Receiving severance: file right away but expect payments to be delayed until the severance period ends.
– Working part‑time while on claim: report earnings in each bi‑weekly report.
What to do right now
Apply for EI as soon as your employment ends, gather pay stubs and ROEs, document EI premium deductions, keep a job search log, and use My Service Canada Account to track your claim and submit reports.
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