Decision 73880
Full Text of Decision 73880
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| availability for work |
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Summary:
The claimant is in Canada working under the Foreign Worker program valid until April 30, 2009. A disentitlement was imposed effective April 30, 2009. The claimant disputes the Commission's decision, stating that he was already accepted by the AINP (Alberta Immigrant Nominee Program) for a change of status. The claimant attended the Appeal hearing submitted a medical report from Citizenship and Immigration Canada showing that his application for Canadian citizenship for himself and his family was proceeding. The claimant related that the application has been in progress for a prolonged period of time and implied that the delay was procedural and not of his own making. On October 8, 2009, the Commission advised the claimant as well as his representative that the appeal be allowed in this case.
Decision 73624
Full Text of Decision 73624
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| availability for work |
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Summary:
The claimant was not a Canadian citizen and was here on a work permit for one particular person as a caregiver. This permit was from March 2007 to December 2008. The Commission denied the claimant benefits because she failed to establish that she was available for work. The claimant renewed her work permit as of the 27th of November, 2008 and from that point on she was available for work with any employer. Her new work permit was valid until November 2009. The claimant in her appeal before the Board stated that she disagreed with the Commission for failing to pay her benefits from August 2008 to December 6, 2008 because her permit was valid until the end of December of 2008. The Board dismissed the claimant's appeal because of the restricted work permit which made her unavailable for work as she could only work for one person. The claimant could not claim employment insurance benefits based on that employment, because once that employment ended, she no longer had the ability to work anywhere else. The appeal is dismissed.
Decision 69684
Full Text of Decision 69684
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Summary:
Having moved from Nunavut to seek employment in Alberta or Manitoba, the claimant was not in compliance with her Work Permit which only allowed her to work in Nunavut.
Decision 67472
Full Text of Decision 67472
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Summary:
The claimant is a foreign national whose employment was terminated. When admitted to Canada he was granted a work permit, subsequently renewed which authorized him to work for only one employer and specifically not for any other employer, not in any other location, and not in any other occupation than as a creative writer.
Decision 63129
Full Text of Decision 63129
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Summary:
The claimant was denied benefits because she did not have a valid Employment Authorization. Her work permit had expired on March 22, 2004 and was not renewed until September 2004. The Umpire finds that missing from the evidence on file is the claimant's view why it took so long to obtain the renewal of her Employment Authorization and stated that if the restrictions imposed by the need to have an Authorization were more technical than real, then the claimant would meet the availability requirements of the Employment Insurance Act. Case adjourned until further investigation by the Commission.
Decision 49652
Full Text of Decision 49652
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Summary:
Claimant is a professional engineer who lost the employment he was entitled to under a restricted work permit. The BOR concluded that the claimant would only be considered available when in possession of an unrestricted work permit or some other form of status to remain a resident of Canada. Decision reversed by Umpire based on a previous decision rendered in Jozef Juris (CUB 44956). **NOTE: Ref. Digest 10.10.8 (policy change).
Decision 46578
Full Text of Decision 46578
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Summary:
Claimant is an immigrant without landing, authorized to study in a Canadian university and work only on campus. Worked until 1-05-98 and claim took effect May 4. Given until the end of June to find employment and declared disentitled effective July 6, 1998. BOR allowed the appeal, stating that the restriction imposed by the work permit could be changed quickly. Error according to the Umpire since evidence in the file indicates that the restriction cannot be changed quickly. Commission appeal allowed.
other summary
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| availability for work |
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Decision 44956
Full Text of Decision 44956
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Claimant is an immigrant who, upon his arrival in Canada, was given an "Employment Authorization" which authorized him to become employed for a specific employer but prohibited him from working for any other employer or in any other occupation or location. Upon his lay-off, he was prevented from becoming employed by the restriction of the Employment Authorization and was disentitled for not being available. Umpire ruled that S.18 does not apply where unavailability is imposed upon a claimant in circumstances beyond his control when the claimant is ready, available and willing to accept employment. The Commission appealed the decision to the FCA. **NOTE: Appeal withdrawn by the Commission following a policy change. See Digest 10.10.8.
Decision 43501
Full Text of Decision 43501
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Summary:
Claimant's Employment Authorization indicated that she was not authorized to work for any employers other than Paradise Banquet and Convention Centre. She was not entitled to benefits as she had not proven her availability for work because she was restricted to working for one employer only. Umpire ruled that she cannot meet the legislative requirement of availability, which means that she must be both willing and able to accept employment.
Decision 35794
Full Text of Decision 35794
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Summary:
An alien who requires, but does not have, an employment authorization may be considered as not available for work and thus not entitled to U.I. benefits. Claimant must show that she is able to obtain employment for which she can reasonably be expected to obtain an employment authorization.
Decision 30858
Full Text of Decision 30858
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Claimant cannot get an open work permit. Must find an employer and then have the permit validated by Immigration Québec. References made to CUBs 20507 and 22727, and FCA A-1472-92; unreasonable restrictions regarding availability.
Decision 29413
Full Text of Decision 29413
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Summary:
Temporary working permit prohibits the claimant to exercise a profession other than that of assistant professor at the University of Sherbrooke. Reference made to WHIFFEN (A-1472-92). Restriction not considered reasonable.
Decision 22727
Full Text of Decision 22727
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I do not find that the fact that claimant had to contribute to the UI fund while working but cannot benefit when his work terminates as a result of restrictions imposed on his availability by his work permit infringes his right to equal treatment under the Charter. This argument is dismissed.
Decision 22207
Full Text of Decision 22207
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Summary:
Foreign student whose work permit restricts her to employment with the University of Alberta. More recent jurisprudence examined and quoted: CUBs 13136, 14357 and 21910. Claimant should be allowed a 2-month period of benefits within which to find re-employment in the University of Alberta community.
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Decision 21910
Full Text of Decision 21910
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Summary:
Foreign student at Carleton University disentitled because his employment visa did not allow him to work elsewhere than at the campus during the summer. Media release and Minister's policy guidelines examined. Decision found to be contrary to Parliament's will and Minister's policy.
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Decision 20508
Full Text of Decision 20508
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It is not unusual for individuals to be required to pay premiums even though they may never be able to collect benefits. In this respect the UI scheme is more like an employment tax than a true insurance scheme. In any event, Umpires, Commissions and Boards must apply the law.
Decision 20507
Full Text of Decision 20507
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Summary:
Resident of the U.S. dimissed from Canadair. His work permit specifically stated that he was not authorized to work for any other employer. This restriction prevents him from meeting the requirement of availability.
Decision 19384
Full Text of Decision 19384
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More recent decisions have indicated that legal incapacity to work due to no authorization permit does not automatically make one unavailable (CUBs 13136 and 14357) though they indicate the onus is a heavy one to prove that the work sought would lead toa required authorization.
Decision 18824
Full Text of Decision 18824
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Summary:
Spent 8 years in higher education and internship to qualify to practice medicine. All he needed was a general medical licence. Internship ended 12-6 and licence obtained 11-7. Unreasonable restriction. I do not agree he was prohibited by law from working, only from practising.
other summary
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| availability for work |
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labour market information |
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| availability for work |
applicability |
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Decision A-1145.87
Full Text of Decision A-1145.87
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Summary:
US citizen employed in Canada until 31-12-85. Her permit expires 7-3-86; applies for UI 15-4-86. Must get assurance of job first, then ask a work permit. Has a good chance to get one. Upon concurrent application of claimant and Commission, Umpire's decision set aside.
Decision 14153
Full Text of Decision 14153
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Summary:
Refer to: A-1145.87
Decision 14506
Full Text of Decision 14506
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Summary:
Claims he was fully available despite false identity and American citizenship; in fact employed in Canada. Retroactive ruling: overpayment of $12000. Availability cannot be established on false identity. Woud have to be searching for work for which he could obtain permit.
Decision 14357
Full Text of Decision 14357
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Summary:
It appears that the Board included in the definition of "available" the requirement of being authorized to work [p. 10]. The Board erred in automatically denying benefits because claimant did not have a valid employment authorization. [p. 13]
Foreign student now a visitor. Under a large handicap in proving availability. She is in an analogous position to a claimant who, due to location or family commitments, is forced to place restrictions. May be entitled to reasonable period of time such as 8 weeks. [p. 12-13]
Foreign student whose work permit was refused following change of status as visitor, husband still a student. Immigration Regulations examined. The fact that she can only apply for an authorization after obtaining a job offer does not prevent her from being available. [p. 12]
Claimant must be able to establish that she has been seeking the type of employment for which she could reasonably expect to obtain a work authorization. If so, she should be given a reasonable time to obtain such employment. [p. 13]
I do not find that the law violates the Charter. If not entitled, it will not be because she is a non-immigrant but because factually not available. Similarly situated with those who, because of reasons beyond control, are forced to impose restrictions.[p. 13]
other summary
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Decision 13136
Full Text of Decision 13136
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Summary:
That Employment Authorization allowed claimant to work for Rowntree as an operator. Laid off 31-3 and recalled 2-6. If restrictions imposed by the need to have an Authorization were more technical than real as he asserts, then availability is proven. Case adjourned for enquiry.
Decision 12624
Full Text of Decision 12624
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Summary:
American citizen who was granted a work permit for employment with one employer only and whose employment was terminated by the employer. CUB 8763 referred to.
Decision 11539
Full Text of Decision 11539
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Summary:
Forcefully argued that reasonable time should have been allowed, that claimant was available with other universities as well in a variety of subjects and would have obtained upon request the necessary authorization. Decision to be made not on speculation.
Decision 11148
Full Text of Decision 11148
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Summary:
Work permit valid with one employer for whom no work available. The Board accepted that as soon as claimant finds work, he will be issued a work permit. Such person is not available unless he has a work permit. Approval not automatic. Willingness to work not doubted.
Decision 08763
Full Text of Decision 08763
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| availability for work |
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Summary:
Students whose work authorization limited them to work with their employer. They applied for UI upon termination of their teaching contract. It is an error in law to state that they are available when, as a condition precedent to accepting work, they must obtain a work permit.
