Losing a job or finding yourself without work can be a difficult situation for a temporary foreign worker (TFW). It is therefore important to know about the available resources and possible steps to better understand your rights and the options available depending on your situation.
Temporary foreign workers holding a closed work permit may, in certain circumstances, apply for regular Employment Insurance (EI) benefits when they lose their job, when their employment ends, or when they become unemployed for reasons beyond their control.
In what situations can a TFW apply for Employment Insurance?
A TFW may consider applying for regular EI benefits when they are unemployed, including in situations such as:
- losing their job due to the end of the employment relationship;
- being dismissed or having their employment terminated;
- a temporary or permanent work interruption;
- a lack of available work from the employer;
- situations where the employer is no longer able to provide work.
Each situation is assessed individually by Service Canada, which determines whether the person meets the program’s eligibility criteria. Factors considered include, among others, accumulated insurable hours, the reason the employment ended, and the person’s availability to work.
Essential requirements to access Employment Insurance benefits
To receive regular Employment Insurance benefits, workers must meet certain criteria established by Service Canada. The main requirements include:
- Having lost their job through no fault of their own, for example, due to a lack of work, workforce reduction, the end of an employment relationship, or another situation that is not the worker’s responsibility.
- Having accumulated enough insurable employment hours during the qualifying period established by the program. The number of hours required may vary depending on the unemployment rate in the region where the person lives. Generally, between 420 and 700 insurable hours may be required to qualify for regular benefits.
- Being available and willing to work, and being able to accept suitable employment while receiving benefits.
- Actively looking for work and keeping a record of job search activities, such as applications submitted or employers contacted.
- Having experienced an interruption of earnings for a specific period, meaning being without work and without income for at least seven consecutive days during the period considered by the program.
It is important to remember that each application is reviewed individually by Service Canada, which determines whether the person meets all eligibility requirements. Submitting an application allows the situation to be officially assessed.
How to apply for Employment Insurance?
Applications for Employment Insurance benefits are submitted through Service Canada. It is recommended to apply as soon as possible after losing employment, even if some documents are not yet available.
To apply, workers must provide information related to their identity and employment history, including:
- personal information;
- employer details;
- employment start and end dates;
- information related to their Record of Employment (ROE), when available.
Applications can be submitted online through the official Government of Canada website for the Employment Insurance program.
Where can TFWs receive support?
Temporary foreign workers who need assistance understanding the process can contact specialized community organizations and support services for migrant workers in Quebec.
InfoTET d’Immigrant Québec provides information, support, and referrals to appropriate resources to help temporary foreign workers better understand their rights and available services.
It is important to keep all documents related to employment, communications with the employer, and steps taken, as they may be useful for following up on the situation.
Need legal guidance? Justice Pro Bono provides free support to TFWs
For temporary foreign workers (TFWs) holding a closed work permit, Justice Pro Bono offers free legal support available in French, English, and Spanish.
This service can be helpful for TFWs who have questions or need guidance regarding situations related to employment, immigration, or understanding their rights as workers in Quebec.
Available services:
📱 WhatsApp: 438 337-6002
☎️ Toll-free phone: 1 866 999-4881
📧 Email: tet@justiceprobono.ca
Justice Pro Bono also organizes legal clinics and participates in community events, providing opportunities for workers to receive direct legal guidance.
The team specialized in immigration law and temporary foreign work can:
- answer general legal questions;
- provide information about available legal options based on each person’s situation;
- provide guidance and, when necessary, connect workers with volunteer lawyers.
This support is especially valuable for workers who cannot afford a private lawyer but need guidance to better understand their situation and the steps they can take.
What TFWs should remember
Having a closed work permit does not automatically mean that a worker cannot access any support after losing employment. Depending on their situation, a TFW may have access to certain benefits and services.
Seeking information quickly and taking the necessary steps can help workers better understand their available options and receive appropriate support during a period of employment transition.
