Is TN qualify for Unemployment Insurance?

Hi! Does anybody know if Canada reports back to the US if you've starting working in Canada again?

I doubt it's even clear that you're claiming UI in the US in the first place.

I guess it depends on the tax situation as to who and whether they get wind of it. Payments to non-resident aliens have to be made on 1042-S and you have to report that with your T1, so I suspect the CRA is supposed to do something about it if you're receiving UI and have a T4 covering the same period but it's so obscure I doubt they do anything. If you ever get audited and they want to know where that foreign income came from and why you got it, then you could be in trouble if you haven't informed the unemployment office in the US. The CRA would probably be obligated to report it to them under the treaty at that point and you would owe the money back. The 1042-S would have the unemployment office address on it, so you couldn't hide the source of the income. You might be able to say you lost the slip but all of them? If you're getting regular payments the CRA will want to know from who at some point and it's just not plausible that you've forgotten, your bank records would also show the source.

dear joe-blo and JR_VAN

Many thanks for the most valuable posting about UI for Canadians in the USA. After reading your post almost 4 months after my layoff in Texas, I was still able to apply and claim my rightfully due UI benefits while living in Canada. A big thanks for sharing this!!

This is really great information! I have recently been laid off and was thinking that I could not get UI.

One question though, all the posts say that you must be back in Canada to file this claim, how will they know you are in Canada? I know you are supposed to leave the country once you're laid off but I know they aren't going to send an immigration squad to get you out of the country so I have decided to stay and look for another job.

This is really great information! I have recently been laid off and was thinking that I could not get UI.

Unfortunately, laid off TNer's in New York State are not eligible for UI in the U.S. They may contact Service Canada when they arrive back in Canada whether they may be eligible for Canadian UI or not.

One question though, all the posts say that you must be back in Canada to file this claim, how will they know you are in Canada?

I guess they will assume you are in Canada when you give them an address in Canada, and when you respond to the letters they sent to you in Canada. Without a Canadian address, they will not give you UI. IF you do not respond to any letters they send you promptly, they will likely suspend your claim.

I know you are supposed to leave the country once you're laid off but I know they aren't going to send an immigration squad to get you out of the country so I have decided to stay and look for another job.

Likely they will not send an immigration squad after you. But they might.

You can be in Canada and look for a job in the US, and that is fine. However, if you will be looking for a job in the US while overstaying your visa, and you think it may not take long to get that job, then you may be better off not applying for UI. You still have about six months after you lost your job to file your claim. That way you will be on the up and up, and you may file later is you need to.

Another thing, if you were on a TN-1, and you want to get another job on a TN-1, when you go to the border to apply for another TN-1, they may hassle you for overstaying your previous visa (which expired when you lost your job). They may even put you on a blacklist that will prevent you from crossing peacefully in the future.

I am not saying this because I agree with US policy on this matter. I am just letting you know what your options are.

JR_Van is absolutely correct, especially the last part about having the rights as a Canadian to claim because we took the risk and sacrafices to work in the USA.

This exact situation happened to me. The one thing that I wish I didn't have to go through was digging up the internet to try and find answers to if I was even elgible for UI. I wish the Canadian Employment Services would of gave me more information or that there would be much more information on TN Status holders. I wish they would clearly list out the time and elgibility for TN Status holders. To this day I still do not know the actual amount of time you have before you leave the USA after being laid off.

Does anyone know this, for future reference? And also, can you list the source of your info if you do find the answer to this? Thanks! I love the support on this forum.

Tns must leave promptly. They must be living in canada to collect UI, except in some of the border staes.

Why should canada be responsible to inform you of the rules in 50 states. The ir website is clear on how to apply for EI if you have worked in US. They will explain what you need to do a that point.

EI in canada has always required anyone who is laid-off to infomr them in short period, or forfeit EI for those weeks. Each state has different rules, so check with the state you are working in. However, it is universal that once laid-off in TN you are not eligible for UI unless you are physcally searching -- if you haven't already moved -- in canada.

sodapop, I am not sure if I understand your question well. The main thing is that even if you overstayed in the US after being laid off, that should have no bearing on whether you should get UI. The overstay issue is something you MAY have to deal with USCIS (immigration). The unemployment insurance agency for your state only cares that you were legally working in the US during your UI qualifying period (e.g., prior to your getting laid off) and that, by the time you make the claim, you be back in Canada. Usually you have about six months after you got laid off to make your claim (and to come back to Canada). But you can always call and ask. On the immigration side, you should leave the US within a week of the termination of your job. Back when Bush was usurping the White House, it seemed that border guards were being made to compete against each other to see who can screw over the greatest number of people. It seems that things have calmed down a little since those crooks were booted out of office. However, again, if you overstayed in the US, it is separate and unrelated from your UI entitlement.

Just to clarify, in canada, one cannot wait indefinitely to make a claim for EI, delaying even by a couple of weeks, ultimately shortens ones eligibility period.

So, while it may vary by state, one cannot say that waiting to file a claim is not without consequence.