Application for EI under TD

[jfgeneral]

My wife had to quit her professional job in Canada due to my job switching to the US under TN, she is in the US under TD. After she applied for EI with all possible documents supporting her eligibility for a TN (her education and work experience meet NAFTA requirements), she got a response from HRDC that her application was approved, but she has to wait 3 months, and after 3 months, she has to submit her work permit for any type of jobs in the US, otherwise her application will be denied. What the heck does that mean? She is eligible for a professional job under TN, how can she qualify for any type of jobs after 3 months? And it's well known that a TN won't be issued until she gets a job first, how could she get a work permit for EI purpose? Thanks for replies.

[nelsona]

The simple answer is that without a green card (or an EAD) she cannot collect regular EI while living in US. She could have collected maternity benefits however.

Had you both left canada with a Green card, then she might have been eligible, but with no permanent work visa, she cannot.

The 3-month time frame is the usual time it takes for a Cdn to get a work permit when moving to US to marry a US citizen.

It does not matter that she is eligible for TN.

Note that you will face the same situation if you lose your job: To collect UI, you will need to move back to canada, where you are immediately able to work, in order to collect.