Live-in caregivers in Canada now have an opportunity to get open work permits about 18 months sooner. On Dec. 15, 2011, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced the change, but reaction from the caregiver community has been mixed.

The open visa will allow caregivers to live out of their employer’s home, find another job in a different field and allow them to have more than one job or employer. Caregivers can use their skills in a field in which they may have education and experience from their home country.  A benefit of the change is they can potentially increase their income by working part-time for other employers.

“They can also negotiate for better wages other than minimum wage because they are not tied (by contract) to one employer,” says Lorina Serafico, secretary treasurer of the Vancouver Committee for Domestic Workers’ and Caregivers’ Rights (CDWCR). “For some married women who need more funds to finance the processing of their family’s immigration papers and settlement to Canada, this ability to earn more is especially helpful and may even allow them to reunite with their family faster.”

The Live-in Caregiver Program (LCP) gives Canadian families the opportunity to hire workers from overseas to provide care to a child, an elderly person or an adult with disabilities when there is a confirmed shortage of Canadians available to work in those positions. Caregivers are required to work for two years, or 3,900 hours, and then they are eligible to apply for permanent residence in Canada.

Before this new change, live-in caregivers would be forced to wait for an initial approval on their application for permanent residence before being eligible for an open work permit. This meant they had little choice in their employment situations. An open work permit allows the caregiver to move out of their employer’s home and look for jobs with another employer.

Caregiver concerns

Despite the promise of increased earnings, there are some concerns about the new announcement. “My worry is that CIC may take longer to process permanent resident applications now that caregivers will obtain open work permits more quickly,” says Ai Li Lim executive director for the West Coast Domestic Workers’ Association. “While it is a definite improvement, the ultimate end goal [for many caregivers] is to obtain PR status, which an open work permit does not provide.”

While the live-in caregiver program is a temporary program, if the participants fulfil the requirements of their contracts adequately, they are eligible to apply for permanent residence, and then sponsor their own families to Canada.

Serafico is a pioneer member of CDWCR, which first formed in 1992. “Prior to this announcement, our organization has sent letters to Citizenship and Immigration Canada (CIC) to encourage these types of changes, so this is a good start.”

“We look at the program on a continual basis,” says Rick Dykstra, parliamentary secretary to the minister of Citizenship and Immigration Canada. “This change happened as an evolution of the program.”

Some of the other improvements the Government of Canada has made to the program in recent years include: allowing live-in caregivers to apply for permanent residence after 3,900 work hours, rather than two years of work, to ensure overtime is appropriately recognized; the elimination of the need for a second medical examination when the caregiver applies for permanent residence; and defining the costs the employer is obliged to pay, including the caregiver’s travel expenses in coming to Canada, medical insurance, workplace safety insurance and third-party representative fees.

Program improves, numbers decline

While the program has been improving, the number of caregivers entering the program has been on a decline since 2007.

“Based on our experience, the decline results from changes to regulations and policies that discourage employers to hire them, usually the length of time to process and the costs associated with it, especially if coming from Manila or New Delhi,” says Serafico.

The increasing requirements to qualify under the program could also be a reason for the decline in numbers.  The recent change in 2008 by the Philippine government requiring an “addendum” to the contract between Canadian employers and Filipino caregivers could be one of the factors.

The terms of this contract with employers in Canada and caregivers coming from the Philippines require that the employer be responsible for the cost of transportation to and from Canada, health coverage for the employee (before the provincial health insurance applies), termination of employment only for just cause and more.

Regardless of the dwindling participation in the program, the changes could have significant potential for future caregivers according to Serafico, “The Live-in Caregiver Program is an important one and it is an opportunity for women to come to Canada. Now with the new open visa, caregivers will be able to work more and contribute added money to their families back home or maybe be reunited with their families in Canada sooner.”

Still a concern for Lim is the application process for permanent residency. “We have been advocating for landed status immediately for caregivers. This new development may slow down the PR application process. We will have to wait and see how that plays out.”

From: www.canadianimmigrant.ca

By Sacha Devoretz

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There has never been an abundance of local live-in nannies, but until recently, there was at least, a good flow of live-in caregivers.

A local live-in nanny might be a caregiver who has completed 1 year of work who decides to work with another family. Or, this nanny may have been terminated due to financial difficulty on behalf of the employer. Either way, a local live-in caregiver is a nanny who already resides in Canada and is ready to work.

The availability of local live-in caregivers is a valuable market. For many families, waiting 6-8 months for a nanny’s arrival isn’t feasible.  Nor perhaps is the government’s requirement for the family to cover airfare costs and other fairly substantial fees. In such cases, it is far more convenient to look locally rather than abroad.

You may be wondering why “until recently” has been highlighted. As of December 2011, live-in caregivers who apply for their Permanent Resident status are granted work permits within approximately 2 months. This change has come about as there are approximately 29,000 live-in caregivers eligible for permanent resident status (PR) in 2012, but only + 9,000 caregivers will actually be approved. The Canadian government feels that if caregivers have completed their 24 months of live-in work, having their Open Work Pemits issued quickly will integrate them faster into Canadian society. This is positive for live-in caregivers, but unfortunately, creates difficulties for Canadian families.

What does this mean for the status of local live-in caregivers in Canada? Their numbers are dwindling like an endangered species. Rather than waiting 18-19 months for open work permits, the speedy instant processing means that many previously available live-in nannies, are now only interested in live-out positions. Such positions pay more than the minimum wage (Approximately $14 and up per hour) and also provide the much desired freedom to live separately from their employer. Unfortunately, many live-out nannies prefer working close to where they live and are generally only interested in positions offering regular work hours. Of course, the reason many families need a live-in caregiver is because of irregurlar hours due to shift work or travel.

Therefore, if Canadian families are searching for a local live-in caregiver, to avoid the waiting times for an overseas nanny, be forewarned that the process may take longer than expected. Quality local live-in caregivers are a dwindling market – if you interview a candidate who really fits with your family, don’t hesitate to offer them employment. The next available suitable candidate may not come along for a while. The other alternative is to plan ahead and hire a caregiver from overseas. Planning ahead is the key as the minimum wait is 6 months and up.

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In keeping with the modern times, an introduction to the services provided by International Nannies and Homecare is now available on YouTube.

Please take the time to view our newest video:

International Nannies on YouTube

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According to Citizenship and Immigration Canada, more than 150,000 foreign workers enter the country every year to work temporarily in jobs that help Canadian employers address skill shortages, or to work as live-in caregivers.

The federal Live-In Caregiver Program was created to address shortages for child and elder care. Most of the foreign workers who enter Canada under this program are Filipinos, and most work as nannies.

The sight of a Filipino nanny with young charges in tow is ubiquitous in GTA parks, libraries and drop-in centres. Many of these nannies are the key money-earners for their families back home in the Philippines.

After two years working here, most nannies qualify to apply for permanent resident status, a step on the road to eventual Canadian citizenship. For many, the goal is to sponsor their families as would-be immigrants, in hope of family reunification in Canada.

Melchizedek Maquiso followed this familiar path. After childhood with his academic parents in the university and science city of Munoz, about four hours north of Manila, Maquiso lived in various Manila suburbs. In 2007, at age 27, he came here to work as a nanny.

“I’m not the only one. I’ve met other male nannies,” laughs Maquiso. His was an easier landing than most encounter; Maquiso’s young charge was his own nephew, then age 4. His employer was his older sister, who had previously immigrated to the United States and then Canada, and was about to launch her own business in York Region. She now lives in Stouffville.

So unlike many, Maquiso’s decision to head to Canada wasn’t driven by brutal necessity. He already had a “fairly decent” job in Manila and was financially independent. His motivation was to help his sister — and, eventually, pursue a post-secondary education abroad.

“Each nanny has a unique story to tell, from being the sole breadwinner of the family to a carefree individual seeking greener pastures for herself in Canada,” says Maquiso, who now has permanent resident status here. “The decision to work in Canada is already a significant deviation from the concept of family in the Philippine setting, where living with generations of family members under one roof and where adult working children still live with their parents are common practices.

“Whatever their reasons are for choosing to work here, all of them are unanimous in one thing — they would like to be reunited with their families who literally live thousands of miles and an ocean away.”

Maquiso is set to graduate this spring from the photojournalism program at Belleville’s Loyalist College. He aspires to create visual documentaries on social issues, particularly East-West relationships: “Third World issues and relationships with industrialized countries, as seen through the people involved in it.”

Maquiso images illustrate that theme handsomely, while presenting a rare inside look at the reality of dual-world existence for thousands of hard-working GTA residents and the families they serve, here and at home.

— Dan Smith

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By Thandi Fletcher, Postmedia News December 15, 2011

OTTAWA — The federal government is making it easier for foreign live-in caregivers to stay in the country once their contract is up, but an industry leader is warning the new policy could cause a serious caregiver shortage.

Immigrants with live-in caregiver visas will now be able to obtain an open work permit 18 months sooner, Immigration Minister Jason Kenney announced Thursday.

Already, about 14,000 live-in caregivers have been given open work visas since the policy was changed, the minister’s press secretary confirmed Thursday.

Open work permits allow caregivers to seek another job, if they choose, when their two-year live-in caregiver contract is complete, without losing their permission to be in Canada.

“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 Kenney. “This is understandably frustrating.”

The Live-In Caregiver Program allows Canadian families to hire caregivers from abroad to live in their home and care for a child, an elderly person or a disabled adult when there are no Canadians available for the job.

Those in the program need to work for 3,900 hours or two years before they are eligible to apply for permanent-resident status.

Until now, however, they could not look for other work while they waited for initial permanent status approval — which, with the current backlog, typically takes about 18 months.

Kenney said the new policy accelerates the processing time by 18 months. Live-in caregivers now get their open work permit as soon as they can apply for permanent status.

The new policy is a result of consultations Kenney had with live-in caregivers on how to prevent them from being exploited, the minister’s press secretary said on Thursday.

“Minister Kenney is concerned with the treatment of live-in caregivers in Canada,” wrote Candice Malcolm in an email. “People in this program sometimes face difficult situations, such as those described in the front-page abuse allegations against then-Liberal-MP Ruby Dhalla.”

Two years ago, Dhalla made headlines when a former nanny alleged she “was mentally tortured and physically stressed” by long work hours and insults in the family household.

Since the program began, similar allegations have surfaced in other parts of the country.

The new policy is a welcome change to better protect live-in caregivers, said Manuela Gruber Hersch, president of the Association for Caregiver and Nanny Agencies in Canada, a group that seeks to set ethical standards for the caregiver industry.

“It gives (live-in caregivers) a lot more freedom,” she said.

But Gruber Hersch said Canadian families will need to brace themselves for what she predicts will be a rapidly dwindling supply of foreign nannies.

“We will see and we already have seen a growing shortage of caregivers, live-in and live-out,” she explained. “Once they get their open work permits, the vast majority will move on to other industries . . . They’ve done their 24 months and they want to move on.”

The shortage is already happening, she said.

Gruber Hersch said she recently heard from a B.C. caregiver placement agency which already has received notices from six nannies.

The new policy is unprecedented, said Toronto immigration lawyer Rafael Fabregas.

Although he welcomes the change, Fabregas said he is suspicious of the federal government’s motivation.

“It’s bizarre,” said Fabregas. “It’s bizarre how they can announce this type of a policy after basically doing nothing for the past year-and-a-half and accumulating all these applications.”

Along with the massive backlog of permanent residence applications, the wait time for live-in caregivers crept up over the past year-and-a-half, to almost 20 months from six months, said Fabregas.

“Now they’re basically creating a policy to kill a backlog that they created, in a way making themselves look good,” he said. “I just think all of this doesn’t pass my smell test. It reeks, quite frankly.”

Fabregas said the policy raises a lot of other questions. He wonders what will happen now for other immigrant groups, such as sponsored spouses, who are still awaiting a decision on their permanent status without open work permits.

“Is the immigration department now going to . . . start issuing them work permits upon application?” he asked.

As for a mass exodus of live-in caregivers looking for jobs in other industries, Fabregas said it’s too soon to tell.

“Are caregivers suddenly going to start leaving that job for greener pastures in a climate where unemployment is slowly creeping up? I don’t know,” he said. “I’m not convinced that that’s what going to happen, but I could be wrong.”

If it does happen, Fabregas said Kenney will need to put on his thinking cap to figure out the government will fill the gap.

New Democrat MP and immigration critic Don Davies said the new policy is a step in the right direction.

But it still fails to solve another problem, he said — the fact that many live-in caregivers must leave their own children and spouses behind in their home country. They are only allowed to sponsor them to come to Canada once they receive permanent residency.

“It’s ironic because we’re bringing women . . . from around the world to come here and look after our children, separating many of them from their own children,” said Davies.

Since the vast majority of live-in caregivers end up getting permanent status, Davies said there’s no reason to delay the sponsoring process.

tfletcher@postmedia.com

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From Monday’s Globe and Mail

Published Sunday, Nov. 06, 2011 7:30PM EST

Immigration Minister Jason Kenney’s plan to accept 10,000 more skilled workers into Canada next year is a sound one, and so is the government’s overall target of 255,000 newcomers. Some other changes make less sense, and may be motivated by politics, more than economics.

Mr. Kenney acknowledged that the seven-year backlog to sponsor grandparents and parents has become unmanageable, and announced a two-year moratorium on applications. In the meantime, however, he will increase the quota by 10,000 over two years, to 25,000, and introduce a two-year multiple-entry visitor’s visa for these family members.

To compensate, there will be a lower quota in other categories, including live-in caregivers. The target is 8,000-9,300, compared to 10,500-12,500 in the past two years.

Shouldn’t it be the other way around? Why would a country with a declining fertility rate and the expected mass retirements of baby boomers want to recruit yet more older people? “The government has it backwards,” says Sergio Karas, an immigration lawyer.

While family reunification is a goal for Canada’s immigration program, family-class newcomers already make up two-thirds of all those accepted. Parents and grandparents are unlikely to create economic growth and will have more health needs.

Live-in caregivers are a category that should be expanded. They perform a key role in the labour market: caring for children in a country with no national daycare policy, and looking after the elderly. There is already a shortage of quality care for the aged, a problem that will grow in years to come with the country’s demographic shift.

Canada’s live-in caregiver program is unique in the world, and allows caregivers to apply for permanent residency after living with a family for two years, caring for either children or the aged. It has real weaknesses, such as long application-processing times, abusive employers and nannies being recruited for “fake” jobs, but the program itself remains sound.

The government would be wise to put resources into having it run more smoothly, and make sure that well-qualified caregivers are recruited to bona fide jobs and that their permanent residency applications are processed in a timely fashion. As the population ages, Canada will need more of them.

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Dear Clients,

As of June 30, 2011 Human Resources and Skills Development Canada (HRSDC) have implemented new mandates regarding the third party representatives of employers hiring a foreign worker. From now on, only Immigration Consultants registered with The Immigration Consultants of Canada Regulatory Council (ICCRC) are permitted to provide Labour Market Opinion (LMO) related services to another person for a fee.

International Nannies and Homecare Ltd. has since hired the use of a fellow Association of Caregiver and Nanny Agencies Canada (ACNA) member, a long standing Immigration Consultant who is already registered with ICCRC, thus we are able to continue to provide the LMO service, either on it’s own or as part of the placement as a whole, for our clients.

For those persons considering or beginning the process of hiring a live-in caregiver, please make sure that if you pay for the services of a third party representative, you check they are now legally allowed to represent you. ICCRC are currently in the process of updating their website of new and existing members, you can contact them directly by phone or email to verify the authenticity of a member.

Any LMO application submitted by a paid representative who is not a member of ICCRC, will automatically be denied.

Further information relating to the changes to the LMO application can be found at the following link:

http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/communications/Bill_C35.shtml

Please feel free to contact us at 1-800-820-8308 or info@internationalnannies.com should you have any questions.

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