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Leave the Country on EI/Parental Leave
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ukhanpak15 Posts: 2
Posted On: 7/17/2015
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I came to Canada four years back and took leave of absence from my job in Pakistan as I don’t want to lose my job back home and also want to keep my connection with Canada. While I am completing my four years in Canada and will be going soon to my country along with my family. I have few questions and will appreciate your response.
1. Upon arrival, I accepted a temporary job and after the birth of my child I took Parental leave and went back to my job in Pakistan while my family and four children were here. I was collecting all benefits and also my salary back home however, I did not inform Service Canada about my leaving the Country.
Since I did not inform Service Canada while collecting EI/Parental benefits was it illegal and can they contact me to return the amount or ask to declare my income? And will it affect my CCTB/UCCB?
2. Now, again I am in the process of going on Parental leave after the birth of my 5th child and this time I will take my family too. I am planning to return after one year?
Do I need this to Service Canada as I can leave outside on Parental leave?
Can I collect my 5 under 6 year’s children CCTB/UCCB for all this one year?
Do I need to report my income to CRA that I am working abroad and is it true that they can find my job back home?
3. I am also completing my four years and will apply for Citizenship before going on Parental leave and will return when I receive a call for Citizenship test that is approx. one year. Do I need to inform CIC that I am leaving the country?
4. After getting my Citizenship, I am intending to reside back home to continue my Government job there and will not be returning to Canada more often but will keep my address here and will be filing my tax, Can I continue getting all my benefits like CCTB/UCCB/GST etc. while out of Canada while I file my tax regularly?
5. For benefits purpose how long can I stay out of Canada, some community members said that maximum time is six months. Can I come after six months for few days and then leaving the country to keep collecting my benefits here?
Thank you very much for your response.
Thank you,
Usman Khan
Usman
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MelM Posts: 226
Posted On: 7/17/2015
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1. You can receive maternity/paternity leave pay while outside of the country. You cannot continue to collect CCTB/UCCB while outside of the country. Any payments you received while outside of the country should be returned. I would recommend that you notify authorities and arrange to return these funds instead of waiting for them to find out.
2. Yes - you should notify Service Canada before leaving the country. You will be entitled to materinity/paternity pay - but not to CCTB/UCCB. Whether you need to report your income or not depends on whether you are filing taxes in Canada or not (i.e. whether you have become a non-resident).
3. You have misunderstood the citizenship rules. You don't qualify to apply for citizenship at this time. To quality to apply for citizenship you must have physically live in Canada for 4 years out of 6 years since becoming a permanent resident. Since you have been outside of Canada since becoming a PR four years ago - you do not qualify and will have to wait until you meet the physical residency requirements before you apply.
4. Once again, you do not qualify for CCTB/UCCB if you are living outside of Canada.
5. As a citizen, you can remain outside of Canada for as long as you want to. There are no restrictions. No - returning for a few days every six months will not allow you to collect benefits such as CCTB/UCCB.
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ukhanpak15 Posts: 2
Posted On: 7/18/2015
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Thank you very much for the information. It was very useful.
Regarding Citizenship, I have completed 4 years and as per CIC new regulation I am eligible to submit my application. Thanks for the info that I can live out of as long as I want as I mentioned that I have job back home and have no intention to stay in Canada after getting my passport. To save my job back home and not to lose benefits in Canada I planned two children in Canada.
My only interest besides getting passports is to continue collecting my CCTB/UCCB that is around $2660 per month and don’t want to lose it. I have completed my four difficult years here in Toronto as besides passports with this income I can live a lavish life back home. With my security job here I was hardly getting 1500 dollar and without Child benefits the survival is not easy. If I would have not that cash job it would have been very difficult. One need around 6000 dollar to live a good life here. For benefits, I think this is the right of children irrespective they live in Canada or outside. I will continue filing my tax regularly as many other community members are doing in Thornlciffe Park with zero income while continue working outside for years and years. I am sure the children will come back to Canada in future once they grow up. Again thanks for your response as now it will help me to start consultation and find ways to secure my benefits here while outside of Canada.
Anyway, thanks again for the information and appreciate your time.
Usman
Usman
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Moderator Moderator Posts: 4142
Posted On: 7/19/2015
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Hello Usman,
Under the changes to the Citizenship Act, you must prove that you “intend to reside” in Canada. Once you are eligible to apply for Canadian citizenship, this is one of the requirements that you will have to meet.
It is best that you contact the Citizenship and Immigration Canada (CIC) Call Centre directly for some information regarding your situation.
Regarding CCTB you can find some eligibility information on the Canada Revenue Agency website.
Here is an excerpt.
4. Can I get the Canada child tax benefit?
To be eligible, you must meet all the following conditions:
-you must live with the child, and the child must be under the age of 18;
-you must be primarily responsible for the care and upbringing of the child;
-you must be a resident of Canada; and
-you or your spouse or common-law partner must be a Canadian citizen, a permanent resident, a protected person, or a temporary resident who has lived in Canada for the previous 18 months, and who has a valid permit in the 19th month.
It also states,
b) If your spouse or common-law partner is a non-resident of Canada during any part of the year, you must complete Form CTB9, Canada Child Tax Benefit - Statement of Income for each year or part of a year he or she is a non-resident of Canada.
You should contact the Universal child care benefit, Canada child tax benefit line directly at:
1-800-387-1193 (Canada and United States)
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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