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Expired TN visa and unemployment benefits

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unemployedcanad

Junior Member
What is the name of your state? Michigan
I am a canadian resident and a citizen. I have worked in the US for 10 years but have always lived in canada and filed taxes in both countries.

My TN visa expired on the 10th of May 2008 .I was getting unemployment from US , well only one cheque to date and then today I got a letter stating that i need a to give them a valid visa to continue unemployment . i can only work in the US on a TN visa if I am employed So as of now I do not have a visa as I turned it in to INS when I lost my job.

If one works on a TN visa and can they collect Unemployment if the visa is expired. I have paid into the system for many years at least for 10 years now and what is the recourse to appeal I am referring to US unemployment benefits

Also as I am a canadian resident and a citizen can I collect unemployment in canada even though I have never worked in canada
 


ShyCat

Senior Member
To be eligible for Michigan unemployment compensation, you must be able to work and actively looking for employment. Without a valid work visa, you are unable to work, therefore you are ineligible for unemployment.
 

eerelations

Senior Member
If you were paying Canadian EI taxes all along, then you would be entitled to Canadian EI benefits. However, to get them, you must be living in Canada, and acitvely seeking work in Canada.
 

commentator

Senior Member
commentator

However, since consulting my sources, I have a thought. Since you are able and available to work in Canada, I would go to or contact the Canadian Dept. of Labour and ask if there is any way you can transfer your Michigan claim, indicating your willingness and availability to work in Canada. Since you don't meet the criteria for Michigan unemployment anymore, this might be an option. Once again, how long you have worked or whether you have paid in is not a factor. If unemployment insurance was paid in by employees, this would involve a record keeping system on every individual person similar to the Social Security records on every individual, which does not happen. Unemployment insurance taxes in every state in the U.S. is paid in and records are kept on employers, not individuals.
 

pattytx

Senior Member
Of course, commentator, since this thread is nearly a year old, I'm guessing the situation was resolved long ago.
 

murphyslaw123

Junior Member
The Agreement Between Canada and the United States Respecting Unemployment Insurance

What about "The Agreement Between Canada and the United States Respecting Unemployment Insurance"

article from the agreement states:

(820 ILCS 405/2700) (from Ch. 48, par. 760)
Sec. 2700. Reciprocal arrangements.
The Director is hereby authorized to enter into arrangements with the appropriate agencies of other States or the Federal Government or Canada whereby:
A. Services performed by an individual for a single employing unit for which services are customarily performed by such individual in more than one State shall be deemed to be services performed entirely within any one of the States or Canada (1) in which any part of such individual's service is performed or (2) in which such individual has his residence or (3) in which the employing unit maintains a place of business.
B. Potential rights to benefits accumulated under the unemployment compensation laws of one or more States or Canada or under one or more such laws of the Federal Government, or both, may constitute the basis for the payment of benefits through a single appropriate agency under terms which the Director finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the State's account in the unemployment trust fund.
C. Wages or employment under an unemployment compensation law of another State or Canada or of the Federal Government, shall be deemed to be wages for insured work for the purpose of determining an individual's rights to benefits under this Act, and wages for insured work shall be deemed to be wages or employment on the basis of which unemployment compensation under such law of another State or Canada or of the Federal Government is payable, but no such arrangement shall be entered into unless it contains provisions for reimbursements to this State's account in the unemployment trust fund for such of the benefits paid under this Act upon the basis of such wages or employment, and provisions for reimbursements therefrom for such of the compensation paid under such other law upon the basis of wages for insured work, as the Director finds will be fair and reasonable as to all affected interests.
D. Contributions due under this Act with respect to wages for insured work shall for the purposes of Section 1401 of this Act be deemed to have been paid to the Director as of the date payment was made as contributions therefor under another State or Federal unemployment compensation law, but no such arrangement shall be entered into unless it contains provisions for such reimbursement to this State's account in the unemployment trust fund of such contributions and the actual earnings thereon as the Director finds will be fair and reasonable as to all affected interests.
E. Contributions, interest, and penalties properly due and owing to any Federal agency or any State by an employing unit, and erroneously paid to this State, may be repaid or transferred to such agency or State, and contributions, interest, and penalties properly due and owing to this State by an employing unit and erroneously paid to any Federal agency or any State may be repaid or transferred to this State. In the event that the State or the Federal agency to which such contributions were erroneously paid has paid benefits based in whole or in part on the wages on which such contributions were paid, such arrangements may provide that such Federal agency or State may deduct such an amount of such benefits paid as the parties to the arrangement shall find is just and equitable, from the contributions, interest, and penalties to be repaid or transferred. In the event that the amount of such benefits, as so found, exceeds the amount of contributions, interest, and penalties erroneously paid, the arrangements may provide for reimbursement of such excess by the Federal agency or State to which such contributions, interest, and penalties should have been paid. Arrangements entered into prior to July 1, 1945, which comply with the provisions of this subsection are hereby validated to the same extent as if they had been entered into on or after July 1, 1945.
 

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