Immigration Update: Layoff and Termination of Foreign Nationals due to COVID-19 (March 24, 2020 at 10:00 a.m. EDT)

During this unusual time, CILF – Caruso Guberman Appleby, is here to continue to support you with respect to all of your immigration needs. We are here to answer your questions and keep you informed. We will provide updates as soon as they are available. Our firm is well positioned to continue to focus on your immigration needs.

Last week more than 500,000 employees applied for Employment Insurance (EI). Many employers have already had to lay off staff due to the impact of COVID-19.

If your business is considering layoffs for temporary foreign workers, please note there are unique implications that warrant discussion with immigration counsel at CILF. Our lawyers can be reached by phone (416 368 1111) or via email: caruso@cilf.ca, guberman@cilf.ca, appleby@cilf.cacowling@cilf.ca, bonisteel@cilf.ca, tsoi@cilf.ca, ali@cilf.ca, green@cilf.ca 

Some of the immigration-related issues that result from the temporary layoff or termination of foreign national employees include:

  1. Eligibility for EI benefits.
  2. Ability to remain in Canada after layoff or termination.
  3. Whether the employer has an obligation to pay for travel back to the foreign national’s home country.
  4. Compliance issues and need for voluntary disclosures.
  5. Impact on a pending permanent residence application.
  6. Whether layoff will affect individual’s ability to qualify for permanent residence.
  7. In the event of a termination, whether additional notice is required given the foreign national’s particular situation.

Please contact your lawyer at CILF – Caruso Guberman Appleby for additional details or specific questions.