parental leave benefits

[Ontariocanada]

Hello Everyone! I am a Canadian Citizenship working full time in Ontario. My girlfriend is pregnant , she is from Spain and living in Spain, the baby will born in Spain. My question: Can I take parental leave? since I will be taking care of my baby in Spain.

[SettlementOrgMod]

Hello There,

Thank you for sharing your situation and question with us.

You may find the information from this thread on parental leave useful. In this thread, the moderator lists eligibility criteria for E.I. that may be relevant to your situation.

Here is an excerpt:

“13.3.5 While outside Canada
A claimant in receipt of EI parental benefits is not disentitled solely for being out of the country unless their SIN has expired. This means that the claimant who is not in Canada may be entitled to parental benefits when his or her reason for being away from work is to care for the child, and being outside the country is secondary to that fact.

As stated earlier, “to care for a child” should not be interpreted rigidly; each case should be decided on its own merit, having care for the intent of the legislation which is to allow a parent to be away from work to care for the child.”
[…]
Your friend may want to contact Service Canada directly about their specific situation and what documents or translations of documents that may be required for the application. There is also more information about Employment Insurance benefits in general on the Settlement.Org website.

We hope this information is helpful.

If you have any additional questions, please feel free to post them here.

Settlement.Org Team

[Ontariocanada]

Thanks!!

@Moderator

Hello There,

Thank you for sharing your situation and question with us.

You may find the information from this thread on parental leave useful. In this thread, the moderator lists eligibility criteria for E.I. that may be relevant to your situation.

Here is an excerpt:

“13.3.5 While outside Canada
A claimant in receipt of EI parental benefits is not disentitled solely for being out of the country unless their SIN has expired. This means that the claimant who is not in Canada may be entitled to parental benefits when his or her reason for being away from work is to care for the child, and being outside the country is secondary to that fact.

As stated earlier, “to care for a child” should not be interpreted rigidly; each case should be decided on its own merit, having care for the intent of the legislation which is to allow a parent to be away from work to care for the child.”
[…]
Your friend may want to contact Service Canada directly about their specific situation and what documents or translations of documents that may be required for the application. There is also more information about Employment Insurance benefits in general on the Settlement.Org website.

We hope this information is helpful.

If you have any additional questions, please feel free to post them here.

Settlement.Org Team

[Tanvir_2002]

Hello There

I have a doubt. we have migrated to Canada in 2017 on January 14. stay there for approximately one month.
Now we want to Re-entry to Canada after passing 3 years and two months.
Questions are:

1. As we have already stay one month after Landing will it be counted?
2. Our PR card will expire on 16 February 2022; can we travel with this PR without any question as we only passed one month in Canada and we have 1 year 10 months left to meet PR obligation?
3. Could we be grilled by Immigration Officer as we have only 1.8 years left?
4. How we can show the proof that we had already stayed in Canada for 1 month?
5. If we show our parents medical certificates for whom we can not move Canada will it be worked?
6. Can we enter Canada without any hassle?

Thanking Regards
Reza

[SettlementOrgMod]

Hello There,

Thank you for sharing your situation and question with us.


1. As we have already stay one month after Landing will it be counted?

When calculating your time in Canada:

• Each day you were physically present in Canada after you became a permanent resident counts as one day.;
• Each day you were physically present in Canada as an authorized temporary resident or protected person before you became a permanent resident counts as half a day (up to a maximum of 365 days);

You may be interested in IRCC’s Physical Presence Calculator for citizenship as a resource to help you calculate the physical presence requirement. The FAQ section has examples and scenarios that are particularly helpful

2. Our PR card will expire on 16 February 2022; can we travel with this PR without any question as we only passed one month in Canada and we have 1 year 10 months left to meet PR obligation?
You may be interested in our Settlement.Org article What are the residency requirements for permanent residents (PRs)?

To meet these residency obligations, you must be physically present in Canada for at least 730 days (2 years) in every 5-year period.

Whether or not this poses a barrier for re-entry would be under the discretion of the border officer.

3. Could we be grilled by Immigration Officer as we have only 1.8 years left? Can we enter Canada without any hassle?
Whether or not you will be granted entry will be up to the CBSA officer. “There are a number of reasons you can be found inadmissible, denied a visa or refused entry to Canada.”

4. How can we show the proof that we had already stayed in Canada for 1 month?
Passport stamps can be proof of entry and duration of stay. You may find the following articles helpful in this calculation:

• How residence/physical presence is calculated
• Residence/physical presence
  5. If we show our parents medical certificates for whom we can not move Canada will it be worked?
  

If you are outside Canada for extended periods of time, you can accumulate residency days if you are:

• Travelling with a Canadian spouse or common-law partner, or are a child under 19 years of age accompanying a parent, or
• Employed on a full-time basis by a Canadian business or the Public Service of Canada and are assigned a position outside of Canada, or
• The spouse, common-law partner or child of a permanent resident who is outside Canada and who is employed on a full-time basis by a Canadian business or the Public Service of Canada.

IRCC may take humanitarian and compassionate reasons into consideration for your extended stay outside of Canada. This is up to IRCC and it would be best to contact the local visa office or IRCC via web form to get more details about this specific application and what kind of supporting documents you may require.

You may also wish to consult a reputable and registered immigration consultant or an immigration lawyer for advice regarding your situation.

We hope this information is helpful. If you have any additional questions, please feel free to post them here.

Settlement.Org Team