Maternity Leave

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abangahNew Member
Topic author
Posts: 3
Joined: 26 May 2009

Maternity Leave

Post Tue May 26, 2009 6:29 pm

Hi there

I am a Canadian Citizen who is considering moving to the US to live with my boyfriend (a US citizen). I would like to still work in Canada (we would live close to the border) and I am wondering if I would still qualify for Canadian maternity benefits (52 weeks) if I am working for a Canadian employer, paying taxes in Canada, but living in the US.

Thanks

Ann
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DremaniCanuckAbroad VIP
Posts: 340
Joined: 10 May 2009

Re: Maternity Leave

Post Tue May 26, 2009 7:46 pm

I believe you are still entitled to your one year mat leave if you're working for a Canadian company in Canada. I'm not sure about you living in the US though. Unless you are a permanent resident or US citizen, you're not able to live in the U.S on a long term basis. You can stay there for a maximum period of up to 6 months in which you would then depart from the U.S. You would have to remain outside of the country for then same length of time before you can re-enter.
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abangahNew Member
Topic author
Posts: 3
Joined: 26 May 2009

Re: Maternity Leave

Post Tue May 26, 2009 10:16 pm

Thanks for your response. I guess I forgot to mention that we are considering getting married so likely the situation would be that I would be down there on some sort of fiance visa or marriage visa ( I haven't looked into this yet) so I could stay there legally for an extended period of time.

However, I know that I can only stay down there for 6 months, but if I am crossing the border every day for work, doesn't that re-set the 6 months anyways???
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flames9CanuckAbroad VIP
Posts: 602
Topics: 1
Joined: 8 Mar 2007
Location: Managua Nicaragua

Re: Maternity Leave

Post Wed May 27, 2009 3:41 am

I know cdn can collect EI if they move to reside with their spouse and I "belive" one can still collect maternity benefits.

When you start doing research about relationship visas, check out
http://www.visajourney.com/forums/ (VJ)awesome free visa site. Pretty much tells you step by step on what to do!

In your situation the Cr-1 visa is prob going to be ur best bet as you stated you want to be able to travel back to canada for work.

The other visas you will see on VJ are k1 (fiance visa,not married yet) K3 is a marriage visa,and cr-1 is a marriage visa.

This link COMPARES all 3 visas:http://www.visajourney.com/forums/index.php?autocom=custom&page=compare

Lots of good free info on VJ, even pics of already filled out forms, and even even info on EI, as I recall some of our members have gotten maternity benefits. I recieved EI, but was just the plain old EI. best of luck
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Reba

Re: Maternity Leave

Post Wed May 27, 2009 4:18 am

abangah wrote:However, I know that I can only stay down there for 6 months, but if I am crossing the border every day for work, doesn't that re-set the 6 months anyways???


No, it most certainly does not.

See Visa Journey for info on marriage based immigration. Link posted by flames.
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: Maternity Leave

Post Wed May 27, 2009 11:32 am

abangah wrote:I am a Canadian Citizen who is considering moving to the US to live with my boyfriend (a US citizen). I would like to still work in Canada (we would live close to the border) and I am wondering if I would still qualify for Canadian maternity benefits (52 weeks) if I am working for a Canadian employer, paying taxes in Canada, but living in the US.


Yes, because essentially you are still resident in Canada in this situation. Your actual problem is being able to live in the US, CBP won't allow you in to live with your boyfriend because you would appear to have immigrant intent. Even going to visit a US citizen boyfriend gets them wound up, although if you have proof of sufficient ties to Canada and sufficient funds, they may allow it.
Steve.
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Reba

Re: Maternity Leave

Post Thu May 28, 2009 4:19 am

I would guess however that if she is "iving" in the US without benefit of any sort of visa, that any residential ties such as permanent address and a home to live in, will hinder any back and forthing.
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: Maternity Leave

Post Thu May 28, 2009 10:08 am

Well she's not visiting, so she's not a visitor, simple as that really.
Steve.
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abangahNew Member
Topic author
Posts: 3
Joined: 26 May 2009

Re: Maternity Leave

Post Mon Jun 15, 2009 9:41 pm

Thanks for the replies.

So, if the situation was that I was married to an American citizen and was applying for a Green Card through marriage, was living in the US and working across the border in Canada.....would I be eligible for maternity benefits? The difference would be that I have a legal right to live in the US (if married).

My other question, kind of related is...in the above situation, would I still be eligible for health care in Canada?? My extended health benefits would be through my work, so I would hope so....

Thanks

Ann
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Reba

Re: Maternity Leave

Post Tue Jun 16, 2009 4:14 am

No, you would not be eligible for provincial healthcare benefits if you were a legal permanent resident in the US.
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