Pinay’s stance on the LCP:
               Pinay has four main criticisms of the LCP.  First of all, since processing of initial work permits take at least 1-2 years for the Philippines, almost all Filipino live-in caregivers have to find new employers upon their arrival in Canada, because the original employer no longer has need of their services. Due to the indentured nature of the work permit, every time the live-in caregiver changes employer in Canada, they must restart the lengthy government process to obtain a new work permit, taking at least 3 to 6 months if the new employer has properly filed an application. The second problem lies in the fact that the caregivers are obliged to live-in with their employers.  This situation combined with the adverse impact of the gaps in employment upon their immigration status and possible permanent residency, leads to a severe restriction of mobility and renders them particularly vulnerable to employer abuse. Thirdly, there is a lack of effective regulation of the recruitment agencies.  Finally, there are restrictions on certain services, such as CSST, which prevent the live-in caregivers from having access to the support they need.  These four aspects of the LCP contribute to the inherent systemic abuse of live-in caregivers in Canada.

Services offered:
              Pinay provides workshops and education on the rights of live-in caregivers regarding labour standards and immigration policies.  Furthermore, it raises awareness about the history of the Philippines and Philippine migration.  Another vital service that Pinay has offered is that of a transition home, a place in which women working under the LCP can seek refuge.  However, due to lack of funds, the transition home was closed.  Pinay also provides opportunities for live-in caregivers to meet women in similar situations, obtain information, receive counseling, have access to a legal clinic and receive referrals to other support services.

Actions and campaigns:
             Throughout the years Pinay has fought side-by-side with other organizations to uphold the rights of Filipino nannies in the Live-in Caregivers Program (LCP), including their right to CSST, to the same minimum wage and other safe and fair work conditions that should be afforded to all workers. With other Filipino organizations across Canada and their supporters Pinay was able to stop the deportation of Melca Salvador and her Canadian-born son Richard in 2001.  Melca was not only a domestic worker but also the Vice-Chairperson of PINAY at the time.
             More recently Pinay fought side by side with other Filipino organizations under the banner of the Migrante Canada Alliance to put an end to the discriminatory second medical exam for domestic workers applying for permanent residence after fulfilling the requirements under the racist and sexist LCP.  The late Juana Tejada is a caregiver who was diagnosed with colon cancer during the evaluation of her application for permanent resident status after completing the 24 months requirement. Her application was denied using the reason that her illness will drain the Canadian medical system.  Juana Tejada won her permanent resident status in the year 2008. Unfortunately, on March 8, 2009 on International Women’s Day, Juana Tejada died.   The new law called the Juana Tejada law honours her memory by striking down the mandatory second medical examination for domestics in the LCP.
            Fighting for migrant workers’ rights and welfare in Canada is intrinsically tied to the struggle of the Filipino people for genuine peace and democracy in the Philippines.  The conditions that force Filipinos to leave in the thousand each day to work abroad is also key to ending the exploitation of Filipino migrants abroad.
            This is why you will find PINAY with other progressive Filipino organizations across Canada taking a keen interest in such issues as destructive foreign mining in the Philippines, the on-going human rights violations against Filipino progressives, US troops on Philippine soil and the chronic economic and political crisis battering Filipino families, relatives and loved ones back in the home country.

20^th anniversary with a banquet fundraiser:
           This year, PINAY celebrated its 20^th anniversary with a banquet fundraiser co-organized by the Institute for Research and Education on Race Relations (IRERR)  highlighting Pinay’s 20 years of advocacy and activism. The banquet was held on Saturday, 10 March 2012, at the Ruby Rouge Restaurant in Montréal’s Chinatown and was an overwhelming success with over 240 friends and supporters enjoying an evening which feature a nine-course meal and wonderful cultural entertainment.

Mabuhay ang PINAY!! Long live PINAY!!
To contact Pinay 514-364 9833, courriel:  pinaycan@yahoo.com

           Today’s article deals  with some of the problems resulting from recent changes to the Live-in Caregiver program examined in our previous  article, with excerpts  from a public letter written by Manuela Gruber Hersch, president of the Association of Caregiver & Nanny Agencies Canada.
        Changes in April 2010 designed to protect Live-in caregivers and a decreased quota of permanent residence applications for 2012 have many in advocates and community people concerned about the program’s future.
        The live-in caregiver program allows Canadian families to hire a caregiver from abroad to look after, for instance, young children, aging parents or disabled people in the home. The Canadian government has carved out a pathway to permanent residency that caregivers may choose to apply for after completing a certain number of hours of work within four years of entering Canada through the live-in caregiver program.
         The government has targeted allowing 8,000 to 9,300 live-in caregivers to become permanent residents in 2012. That’s down from 12,000 to 16,000 in 2011.
         Immigration Minister Jason Kenney says that the permanent residency quota is being cut due to a reduction in demand. Yet according to many employment agencies, demand for caregivers is still high.
        The perception of reduced demand has been created by changes to the program and longer processing times. Last year’s changes put much of the onus on the families hiring caregivers to pay the upfront costs of bringing them to Canada.
        Many families, for example some single parents or mothers on maternity leave, have become reluctant to pay recruitment fees, airfare, temporary health insurance, and immigration consultant fees for a caregiver from across the globe whom they have never met and with whom they have no guarantee if the relationship will work out. In some situations, caregivers accept jobs in rural areas then, upon arrival in Canada, leave to find a more appealing location.
        Some question whether asking employers to bear the large financial burden is a hidden tactic to slowly and quietly eliminate the program. To make it more fair to employer families, some nanny agencies suggest that the government should consider spreading fees out after the caregiver has arrived and it has been established that the family does in fact have care in place.
        There are 29,000 live-in caregiver program permanent residence applications in the pipeline and frustrated caregivers are waiting longer to receive their permanent residence status while they are apart from their own families. It’s a different scenario from the one Mr. Kenney promised in December 2009, when he said caregivers would now have a faster and easier path to permanent residency.
        Caregivers are also still waiting for the much advertised “blacklist of employers,” unpublished since April 2010. Missing too is the new
information packages for live-in caregivers announced in December 2009.
        To truly protect caregivers, the program needs a monitoring body to ensure that caregivers are protected and employers follow the rules. The government needs to monitor the program a lot better to guarantee that this very unique and highly complex program works for both parties.
        Caregivers are also frustrated by the increased wait for their first stage approval in principle (open work permit) from six months to at least 18 months. Citizenship and Immigration Canada call centre agents tell some caregivers that the reason it is taking so long, is that once they get their open work permit, they stop working as a caregiver, which coincides with the feeling that the government is trying to deter employer families from hiring overseas.
Cumbersome and complicated
        At the end of the day, the program provides some Canadian families a care solution for their children, elderly, or disabled loved ones. Employer families use the program due to the shortage of Canadians interested in this type of work. Yet, statistics show that 11,231 caregiver work permits applications were approved in 2008 and only 2,702 in the first half of 2011.
        Further decline in the program is anticipated as employer families are refusing to risk their money and become fed up with the very cumbersome and complicated process including the extremely long processing times. However, Canadians haven’t stopped having children. The regulations of late have put the caregiver industry into a state of flux and possible hiring employer families have simply put off the decision until more certainty as to the fairness of the program can be redefined.
        CIC has reduced targets for the program in order to focus on other immigration programs. But while the live-in caregiver program is a small part of overall immigration targets, it is disproportionately important to working Canadians and Canada’s aging population and should be exempted from target reductions. It is too vital of a program to Canadian families!
         Don’t we want both parents to contribute to Canada’s economy or does this government want moms to stay home? Dual-income families put more money into the economy and raise our national tax revenue base. Today you need two income earners just to have an average standard of living. We also know that seniors stop spending money once they move into a care facility; shouldn’t we support our seniors to remain at home as long as possible with the help of a private caregiver?
         If Mr. Kenney intends to keep the live-in caregiver program alive, he must make immediate remedies, but, most importantly, bring all parties to the table and come up with a just and equitable reform this time.
                                                                                                        News Release –
                                                   Minister Kenney announces important change for live-in caregivers
         Ottawa, December 15, 2011 — Live-in caregivers will be able to get open work permits about 18 months sooner, thanks to a processing change announced today by Citizenship, Immigration and Multiculturalism Minister Jason Kenney.
         “Too many live-in caregivers have completed their work obligations but must continue living in the home of their employer, waiting for their application for permanent residence to be reviewed,” said the Minister. “This is understandably frustrating. That’s why we have started issuing open work permits to live-in caregivers as soon as they have completed their obligations and submitted an application for permanent residence.”
          The Live-in Caregiver Program ( LCP ) allows Canadian families to hire workers from abroad to provide care to a child, an elderly person or an adult with disabilities when there is a demonstrated shortage of Canadians and permanent residents to fill available positions. Caregivers are obliged to work for two years, or 3,900 hours, and then become eligible to apply for permanent residence in Canada.
          Until now, live-in caregivers waited for an initial approval on their application for permanent residence before being eligible for an open work permit. An open work permit allows the caregiver to move out of their employer’s home and seek jobs in other fields, if that is their wish. As of December 11, 2011, all live-in caregivers who had met their obligations and submitted an application for permanent residence have had their files reviewed. Those who submitted an open work permit application with no missing information are being issued open work permits.

            Recently the Canadian government has implemented major changes to the rules governing temporary immigrant workers, including those in the Live-in Caregiver program.

Effective April 1st 2011
Highlights of the changes include:
1)     A more rigorous assessment of the genuineness of the job offer;
2)     A two-year prohibition from hiring temporary foreign workers for employers who have failed to meet their commitments to
         workers with respect to wages, working conditions and occupation [online list of ineligible employers]; and
3)     A limit on the length of time a temporary foreign worker may work in Canada before returning home [4 years, see exceptions].
Source: http://www.cic.gc.ca/english/work/changes.asp#tphp%20idtphp

 1) Genuineness of the job offer
The genuineness of a job offer to a foreign worker, including a review of four factors for all work permit applications processed:
• The employer is actively engaged in the business;
• The job offer is consistent with needs of the employer;
• The employer is reasonably able to fulfill the terms of the job offer; and
• The employer has complied with federal/provincial/territorial laws regulating employment in the province/territory
   where the worker will be employed.

Additional genuineness criteria assessed by Human Resources and Skills Development Canada for the Live-In Caregiver Program:
• The caregiver will be residing in a private household in Canada and providing child care, senior home support care or care of a
   disabled person in that household;
• The employer will provide adequate accommodations in the household that are adequately furnished and private; and
• The employer has sufficient resources to pay the caregiver the wages offered
Source: http://www.cic.gc.ca/english/work/employers.asp

2             If applicable, the employer’s history surrounding temporary foreign workers they have hired in the two years preceding the date a current work permit application was received will be assessed to determine whether the employer has reasonably respected the terms of past job offers, particularly with regard to wages, working conditions and occupation.
            If information is available about an employer’s past failure to provide substantially the same wages, working conditions and occupation as set out in previous job offers, employers will be given an opportunity to justify any discrepancies. Reasonable justifications include:
• A change in federal/provincial/territorial law or a change to a collective agreement;
• Changes the employer had to make in the workplace in response to a dramatic change in economic conditions that were not
   directed disproportionately at foreign workers;
• An error made in good faith by the employer in interpreting obligations regarding wages, working conditions or occupation, and
   the employer has provided or made sufficient efforts to provide compensation to any foreign nationals that have suffered a
   disadvantage;
• An administrative accounting error by the employer, and the employer has provided or made sufficient efforts to provide
   compensation to any foreign nationals that have suffered a disadvantage; or
• Circumstances similar to those set out above.
             Employers who have failed to meet their commitments as promised in past job offers, and who have failed to provide reasonable justification or to rectify the situation by providing appropriate compensation to the former employee may face:
• The refusal of work permit applications for any foreign national offered a job by that employer;
• Ineligibility to hire a temporary foreign worker for 2 years; and
• The employer’s name displayed on CIC’s Temporary Foreign Worker Program’s Ineligible Employers website.
           Temporary foreign workers will lose their temporary resident status if they accept a job offer from an employer who has been deemed ineligible to employ temporary foreign workers. Temporary foreign workers should consult CIC’s employer ineligibility website before entering into an agreement or extending an existing agreement with an employer who has been deemed ineligible to use the Temporary Foreign Worker Program.
Source: http://www.cic.gc.ca/english/work/employers.asp) Two-year prohibition if employer fails to meet commitments

 3) Limit to the cumulative duration of services
           The cumulative duration regulation establishes a maximum allowable cumulative duration that a temporary foreign worker can work in Canada, followed by a period of four years in which the worker would not be eligible to work in Canada.
            The objective of this provision is primarily to prevent situations in which temporary foreign workers remain in Canada for such a prolonged period that they begin to lose ties with their country of origin without gaining permanent residence in Canada.
           Employers should be aware of the total time that a foreign worker has accumulated working in Canada before hiring him or her. A job offer for a TFW who has reached, or is close to reaching, the maximum 4-year duration could result in a refusal to issue a work permit, or in the work permit not being issued for the full duration of the job offer.
           This new regulation takes effect April 1st, 2011; therefore, the earliest date a TFW could reach the maximum duration would be April 1st, 2015.  
          Work permit applications that indicate a job end-date beyond April 1, 2015 will be assessed to verify if the foreign worker is eligible to work the full period of time.

Exceptions
The four-year cumulative duration will not apply to TFWs entering under one of the following occupations:
• TFWs seeking to work in managerial (NOC 0) or professional occupational (NOC A);
• TFWs who have applied for permanent residence and have received: 
       • a Certificat de sélection du Québec (CSQ) if applying as a Quebec Skilled Worker;
       • a Provincial Nominee Program (PNP) certificate if applying as a provincial nominee;
       • an approval in principle letter if applying under the Live-in Caregiver Class;
       • a positive selection decision if applying under the Federal Skilled Worker Class;
       • a positive selection decision if applying under the Canadian Experience Class;
       • TFWs who are employed in Canada under an international agreement, such as NAFTA, the Seasonal Agricultural Worker
          Program, or another agreement;
• TFWs who are exempt from the Labour Market Opinion process, including
       • Spouses and common-law partners of international graduates participating in the Post-Graduation Work Permit Program and
          highly skilled TFWS;
       • Charitable or religious workers;
       • Entrepreneurs, intra-company transferees, researchers and academics;
       • Others for purposes of self-support (refugee claimants) or humanitarian reasons (destitute students, holders of Temporary 
          Resident Permits valid for at least six months).
All other groups (i.e. workers in NOC B, C, and D level occupations) would be subject to the cumulative duration limit of four years.

Consistency with the terms of the federal-provincial/territorial agreement
             The consistency of the job offer with the terms of any federal-provincial/territorial agreement and whether the foreign worker, their spouse or common-law partner or dependents are eligible to participate in particular pilot projects.
            Some provincial and territorial governments have entered into bilateral agreements with CIC respecting foreign workers, and some of those agreements include pilot projects aimed at improving the program’s effectiveness in that jurisdiction. Employers should review the terms of these agreements to see if there are provisions that may apply to workers that they intend to hire.
Source: http://www.cic.gc.ca/english/work/employers.asp

           Canada’s live-in caregiver program (LCP) aims at bringing qualified temporary workers to Canada to provide in-home childcare, senior home support care or care for the disabled. Pending certain conditions, the LCP then allows these workers to apply for permanent residence from within the country.

           On April 1^st 2010, several minor and substantive changes have been made to the program. These not only make it easier to obtain a permanent residence through the program but also aim at improving the caregivers work conditions.

           The present article aims at underlining the changes that have touched the issue of permanent residence. Two major improvements have been made.

           The first major change to the program removes the requirement for a second medical examination when the applicant applies for permanent residence in Canada. The program used to make two medical examinations necessary: one at the time the live-in caregiver applied for a temporary work permit and another when he or she applies for permanent residence. Currently, only the first examination is mandatory.

           The second substantial change to the program focuses on the actual requirements for obtaining permanent residence in Canada through the LCP. Applicants were once required to work for two years within the first three years in the program in order to apply for permanent residence. With the latest amendments to the program, applicants now have two ways of fulfilling the work requirement, thus facilitating their eligibility. The applicant must either complete:

• Within 48 months of their arrival in Canada, 24 months of authorized full-time employment as a live-in caregiver; OR

• Within 48 months of their arrival in Canada, 3,900 hours (within a minimum of 22 months which may include a maximum of 390 
    hours of overtime) of authorized full-time employment.
             This second option is new to the program. For the first time ever, overtime hours may now be factored into the employment requirement.
            The present improvements to the LCP are effective as of April 1^st 2010. Although these changes are an improvement over the previous requirements, there are still significant problems and obstacles facing live-in caregiver trying to obtain their permanent residence, which have not been dealt with, and which will be discussed in a future article.

1. Canada, Citizenship and Immigration Canada, http://www.cic.gc.ca/english/work/caregiver/index.asp
2. Human Resources and Skills Development Canada, “Live-in Caregiver Program” (November 2010)
     http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/lcpdir/lcpone.shtml
3. The present article was written with the assistance of law student Eric Stachecki

This is one of a regular series of articles on immigration issues, which hopefully will be of interest and help the community better understand how Canadian immigration law and policy works.

Today’s article will present a general overview for persons wanting to permanently immigrate to Quebec, Canada as a skilled worker. Upcoming changes to this category will be dealt with in a future article.

Applicants immigrating to Quebec as a permanent worker must first obtain the Certificat de selection du Québec (the “CSQ”), in the skilled worker category. Based on the background of the applicant, he or she will amass “points” going toward his or her CSQ. An applicant must attain 59 points, while an individual who is accompanied by a spouse must attain 68. This article will explain the characteristics considered, and the weight given to each of those characteristics.

Educational Background and Training:

Applicants must possess at least a secondary level education to apply for the CSQ. Applicants can obtain between 2 and 13 points depending on the level of education they have attained. Moreover, an applicant can garner an additional 6 points if he or she has received a diploma from a Quebec institution. Depending on the nature of the degree(s) or certificate(s), the applicant can qualify for up to an additional 14 points.

Work Experience:

Applicants with work experience in a recognized profession exceeding 6 months in the 5 years preceding their application can obtain points toward their CSQ. Applicants can obtain between 2 and 9 points, depending on the length of time they have spent in the recognized profession. Unlike the federal skilled worker class, the lack of any work experience will not automatically eliminate the applicant.

Age:

An applicant will obtain between 2 and 18 points depending on their age at the time application is made. Applicants who are between 18 and 35 will automatically obtain the 18 point maximum available.

Language:

Applicants can obtain points if they have competency in French and/or English. Applicants can obtain between 0 and 16 points for their competency in French, and between 0 and 6 for their competency in English.

Temporary Stay and Family in Canada:

Applicants can obtain 6 points if they, or their spouse, have stayed in Canada as a foreign worker or student for more than 3 months in the 10 years preceding the application. Applicants can obtain up to 3 points if they, or their spouse, have spent more than 2 weeks in the 10 years preceding their CSQ application in Canada, but not as a foreign worker or student.
Moreover, an applicant can obtain 3 points if they, or their spouse, have a son, daughter, father, mother, sister, brother, grandfather or grandmother that is a citizen of Canada or is a permanent resident of Canada domiciled in Quebec.

Spousal Characteristics and Children:

An applicant can obtain additional points if their spouse possesses any of the characteristics described above (i.e. educational background, work experience, etc…). Moreover, applicants can receive either 2 or 4 points per child accompanying them to Quebec, depending on the child’s age.

Valid Offer of Employment:

An applicant or an applicant’s spouse who has received a valid offer of employment can obtain up to an additional 10 points.

Adaptability Interview:

An applicant can be subject to an interview where a representative will evaluate the applicant’s knowledge of Quebec; the steps they have taken to facilitate their integration; and other personal qualities. The applicant can obtain up to 8 points depending on the representative’s evaluation.

PLEASE FEEL FREE TO SEND ME YOUR QUESTIONS! 
Tom & Associates   Tel.: 514-341-3929 
E-mail: walter@tomlex.ca

As a Canadian permanent resident or citizen who is at least 18 years and residing in Canada, you can sponsor your family members to immigrate to Canada as permanent residents.

Canadian citizens not presently residing in Canada may sponsor their spouse, common-law partner, conjugal partner and/or dependent children who have no dependent children of their own.  However, these sponsors who are not residing in Canada must provide evidence that they reside exclusively outside Canada on the date of giving the undertaking and will reside in Canada at the time their sponsored spouse, common-law partner, conjugal partner and/or children become permanent residents of Canada.

To sponsor, you must have an income that is at least equal to the minimum necessary income, the amount of which is published yearly by the Canadian government.

You will to provide Immigration Canada with documents that show your financial resources for the past 12 months and prove you are financially able to sponsor members of the family class.  You may solicit the help of a co-signer (must be your or common-law partner).

What does it mean to “sponsor”?
When you sponsor persons who are members of the family class, you must sign an undertaking with the Minister of Citizenship and Immigration (or with the Ministère de l’Immigration et des Communautéss culturelles (MICC) if you live in Quebec) promising to provide financial support for their basic requirements and those of their family members immigrating to Canada with them.  Basic requirements are food, clothing, shelter and other basic requirements for everyday living.  Dental care, eye care and other health needs not covered by public health services are also included.  The undertaking ensures these persons and their family members do not have to apply for social assistance.  Its length varies according to their age and/or their relationships to you.

Who cannot sponsor?
You are not eligible to sponsor if you are in default of a previous sponsorship undertaking, of an immigration loan, of court ordered support payment obligations or of a performance bond (an amount you agreed to pay as a guarantee of performance of an obligation under the immigration legislation).

Legal requirements for sponsored applicants
All family members of a would-be immigrant, whether accompanying or not, must be examined.  If you were previously made an application for permanent residence and became a permanent resident of Canada, your family members who were not examined in accordance with Canadian Immigration Regulations at the time you made your application, are excluded from the family class and you may not sponsor them.

An immigrant who comes to Canada to live permanently does not become a permanent resident before having satisfied immigration officials that he or she meets all applicable requirements.