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Babzi Posts: 1
Posted On: 1/4/2020
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I have a question about qualifying for parental leave. Do the child have to be born and leave in Canada in order for father to get parental leave? I have a friend who fathered child in Cuba, the mother of the child live in Cuba and does not have any status in Canada. Will he qualify for parental leave benefit if he applies? His name is on birth certificate as father but the child has only Cuban citizenship and reside in Cuba.
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Moderator Moderator Posts: 4075
Posted On: 1/7/2020
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Hello,
Thank you for sharing your situation and question with us. We can appreciate your curiosity about your friend’s situation.
According to the Service Canada website:
“The information below should be used as a guideline. We encourage you to apply for benefits and let a Service Canada agent determine if you're eligible.
You need to demonstrate that:
- you're pregnant or have recently given birth when requesting maternity benefits
- you're a parent caring for your newborn or newly adopted child when requesting parental benefits
- your regular weekly earnings from work have decreased by more than 40% for at least one week
- you accumulated 600 insured hours* of work in the 52 weeks before the start of your claim or since the start of your last claim, whichever is shorter
*As an example, 600 hours are equivalent to 20 weeks of work at 30 hours a week.”
We also found these provisions that you may find helpful:
“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.”
And 13.1.4 To care for a child
“[...]Parental benefits therefore provide a means of financial support that allows parents to be away from work to care for the child.
The parental legislation has evolved over the years to where it no longer makes any reference to "remaining at home" to care for the child. It is unreasonable to expect a parent to cease all regular activity and simply remain at home for 35 or 61 weeks doing nothing more than caring 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.
If they have questions regarding their rights about custody or citizenship of their child they may want to contact the nearest Community Legal Clinic for some advice regarding this situation.
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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Theresa
Settlement.Org Team, Certified Community Resource Specialist (CCRS)
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Ontariocanada Posts: 3
Posted On: 2/24/2020
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Hello There, I will be in the same situation, did you friend get approved for parental leave? Babzi wrote:
I have a question about qualifying for parental leave. Do the child have to be born and leave in Canada in order for father to get parental leave? I have a friend who fathered child in Cuba, the mother of the child live in Cuba and does not have any status in Canada. Will he qualify for parental leave benefit if he applies? His name is on birth certificate as father but the child has only Cuban citizenship and reside in Cuba.
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Mariaz Posts: 2
Posted On: 7/28/2020
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Hello, what an immigrant mother should do after she gives birth in Canada? She need to leave? Does she needs the baby's father's signature to leave with the baby?
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Moderator Moderator Posts: 4075
Posted On: 8/31/2020
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Mariaz wrote:
Hello, what an immigrant mother should do after she gives birth in Canada? She need to leave? Does she needs the baby's father's signature to leave with the baby?
Hello There,
Thank you for sharing your situation and question with us.
You may find helpful information in the Settlement.Org article, My child was born in Canada, can I just stay in Canada? This covers a few options for residency if you’d like to stay. It may be best to consult a reputable and registered immigration consultant or an immigration lawyer familiar with immigration issues and family law for advice regarding your situation. To find a community legal clinic in your area, visit Services Near Me.
You may also want to write to a live chat operator on StepstoJustice.ca for legal information and referral options relevant to your situation. Their live chat feature can be found on the bottom right corner of every page.
Here is an excerpt from the Steps to Justice article, Can I travel with my child after I separate or divorce?:
It's hard to know what you may be asked when travelling to another country. Officials in Canada or in the other country you are going to can ask you for documents to prove you can travel with your child. These officials can decide whether to let you in or out of the country.
To avoid delays or being refused entry or exit at the border, it's safest to have a travel consent letter signed by the other parent.
Even if you have sole custody, you may still be required to show that you have permission of your partner or anyone else that has access to your child, to travel with your child.
We hope this information is helpful. If you have any additional questions, please feel free to post them here.
Sincerely,
Your Settlement.Org Team
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emilinjohn11 Posts: 1
Posted On: 3/15/2022
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You can receive parental benefits within specific periods starting the week of your child's date of birth or the week your child is placed with you for the purpose of adoption. These periods are: Standard parental: within 52 weeks (12 months) and Extended parental: within 78 weeks (18 months).
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