On Immediate Permanent Resident Status for Caregivers: Kenney non-committal
But caregivers and advocates still pushing for main demand: Permanent resident status on arrival
Immigration Minister Jason Kenney (right) meets cancer-stricken caregiver Precy Limpiado who has no health insurance, no job and no family in Canada, at the roundtable consultation April 26 in Toronto
ROUNDTABLE CONSULTATION. Advocates and caregivers meet with Immigration Minister Jason Kenney April 26 in Toronto.
APRIL 16 consultation with Jason Kenney, Minister of Immigration. PHOTO: HG
TORONTO – The call for landed status for caregivers upon arrival was the recurring message of present and former caregivers and their advocates throughout the recent roundtable consultation with Jason Kenney, Minister of Immigration, Citizenship and Multiculturalism.
Kenney, however, remained non-committal on the issue during the discussion, while insisting on the need to balance the interest of caregivers and employers, a position he laid out at the start of the meeting, and which he continued to emphasize during the media interview following the roundtable held April 26 in his downtown Ministers’ Regional Office.
Roundtable participants
The meeting was attended by at least three caregivers currently in the Live-In-Caregiver Program, and more than a dozen community leaders representing various organizations, including the Community Alliance for Social Justice (CASJ), the recently-formed Grassroots Hub (G-Hub), the Caregivers Support Services, the Caregivers Resource Centre, Independent Workers Association, the Philippine Independence Day Council (PIDC), Gateway Centre for New Canadians, two lawyers, and two community media representatives.
CASJ is a coalition of over 27 organizations and more than 200 individuals specifically mandated to advocate for social justice concerns in the Filipino community, including changes to the Live-in-Caregiver Program, one of its three priority issues. G-Hub is a network of independent community and migrant workers organizations, coalitions and individuals informally linked, through the initiative of the Filipino Catholic Missions of the Archdioces of Toronto, for the cause of helping caregivers in crisis and advocating for their rights and welfare.
With Kenney were his staff and Joe Oliver of the Conservative Party.
Positions on the LCP issue
At the meeting, ten of the 17 participants from the Filipino community who had the chance to speak and present written submissions, called for landed status for caregivers upon arrival. Kenney was non-committal to this position, as he cautioned against making any changes that would lead to “unintended consequences,” and emphatically suggested that solutions should be balanced for both the employer and the caregivers.
In his informal introductory remarks before the Filipino delegation, Kenney at the outset emphasized the importance of the Live-in Caregiver-Program: Caregivers “help families who need help” while at the same time, Canada is able “to provide generally decent jobs to caregivers” and that they eventually become permanent residents.
Kenney then went on to enumerate options he knew were being considered to deal with the program, and gave his opinions about each of them.
On the scrapping of the program: “I know there is a small minority of people who want the program shut down. This is not an option I am looking at…it is a mistake.”
On some other options: “(These) would be prohibitive…generally speaking, caregivers would not qualify as caregivers under our point system as federal skilled workers… as regular temporary foreign workers, they would not have the pathway to permanent residency.”
Defending the LCP, Kenney said: “I think that the general concept of the program is very good, the intention of it is good and many people have benefited from it.”
He continued: “Having said that, I also recognize that there are flaws, that there have been abuses. And that people’s rights have been violated.”
Kenney then cited problems encountered by caregivers: “unfair employers, operational challenges in terms of processing time… deportations from the airport of people who have been victims of fraud…”
Because of these concerns, Kenney said he had asked his department to review the program so as to improve it.
At this point, Kenney advised the delegation that in making suggestions to change the program, people should take into account both the interest of the caregivers and the employers. He also asked the delegation to be mindful of the policy changes they suggest so that they would not lead to “unintended consequences.”
Elaborating with an example, he said: “One of the ideas that’s on the table which I am willing to consider is to allow for the affordability of the work permits between different employers with greater flexibility for caregivers but some people are concerned that if that happens, the employer spends a great deal of money and time investing in bringing the caregiver to their family, if that person then leaves three weeks later, and if that happens on a widespread basis, it could potentially kill the program and completely undermine it as a point of access to permanent residency for caregivers.”
“So we have to be mindful, I have to be mindful as Minister that any policy changes we have could have unintended consequences,” Kenney said, throwing the challenge to the delegation on how to “make those changes that better protect the caregivers while maintaining the integrity of the program, and that’s why I say not to end the program, but to improve it.”
Roundtable discussion
After the brief prayer and introduction, the first presentation was made by Catherine Manuel, a live-in-caregiver, who is a member of the Caregiver Support Services. Reading her story about how she was a victim of a recruitment agency and an abusive Canadian employer, the mother of two told of how she opted “to work overseas to support and provide a good future for my children.”
Manuel first worked for 12 years as a domestic worker in Hong Kong, but was enticed to work in Canada by a Canadian recruitment agency that promised to find her a legitimate employer where she could work as a caregiver in exchange for signing a loan agreement at 12 percent interest with a financing company also owned by the agency owner.
Upon arrival in Canada, Manuel realized she was duped by the agency owner as she found herself toiling for an abusive innkeeper who made her work cooking and serving guests, cleaning the entire 11-bedroom facility doing the laundry, and gardening. That arrangement compromised her immigrant status as her employer’s proposal was for her to take on the inn-keeping job with the pretext of caring for children of the inn guests — an arrangement she had refused. (See story on page 13) Her recommendations to the Minister included among others, “the granting of landed status upon arrival so that caregivers are accorded with respect and dignity just like other workers in Canada.
Another caregiver, Maribel Dumapil Beato, had come prepared to tell her story, but was told by the minister’s staff only one caregiver could speak. She told this reporter she was disappointed that more time was given to the voices of others and not the caregivers themselves. She however still submitted her letter to the Minister, where she had outlined three recommendations, the first being granting “immediate permanent residence status to workers coming to Canada” under the LCP. “Taking care of children, the elderly an the disabled are valuable and important jobs. It is unfair and unjust that we are not provided with the rights and respect that we deserve.” she said (See her story on page 12.)
Kenny requested for the written notes.
Longtime advocate speaks
Pura Velasco, organizer of Caregiver Support Services, and a former caregiver herself who has been advocating for two decades for the rights of caregiveres, emphasized to Minister Kenney that the live-in requirement without status is the “heart of the problem” of the program. “Even if the provincial government tries its best to implement the employment standards, without status in a live-in condition, the confidence of the caregivers to assert their right to basic employment standards is diminished,” she said.
Kenney responded that situation was very clear to him.
Velasco added that in her written submission to the Minister, she had indicated that she and caregivers would like to work with Minister Kenney and his staff closely, just like what they are doing now with the provincial government. “We have lots of creative ideas in resolving the issues of the caregiver program,” she said, but which would be difficult to thoroughly discuss in a dialogue setting. To this suggestion, the Minister informed the group of the presence of a staff in his Ministry who could also help.
Velasco further took issue with the Caregivers Association composed of employment agencies and those in the immigration consultancy business, whom the minister had met with the previous day, especially with the proposal for collecting placement fees from the caregivers. This proposal, she said, is totally against what caregivers and advocates have long been campaigning against. She said the practice of collecting placement fees by individuals and employers should be banned, a demand that the provincial government has already indicated it will support.
The settlement issue
Julius Tiangson informed the Minister of the settlement issues affecting live-in-caregivers and other temporary foreign workers and other newscomers are about economic integration. He spoke of their already limited economic options becoming even narrower through the years, especially when families join them. For this reason, he informed the minister, his agency, as a settlement provider organization, has already submitted proposals based on a number of calls for proposals by Kenney’s department. “ He then requested the Minister to look into a copy of the full proposal which he turned over to Kenney at the meeting.
At this point, Kenney responded to Velasco’s recommendations. Following the series in the Toronto Star, he said he had discussions with the provincial minister and that they had agreed that the Ontario government and federal government will collaborate more closely on issues relating to the live-in-caregivers program. He also said they will consider the Manitoba law with respect to the recruitment agencies.
Kenney commented on Velasco’s and the caregivers’ recommendation for permanent residency status. He said that the reason why caregivers are given access to Canada more quickly than regular applicants for permanent residency as under the federal skilled program is because “if we were to make live in caregivers automatic residents, then we would have a very strong policy argument that we would have to put them in the same queue as all of our permanent resident applicants which take five to six years to process rather than one to two years. So there would be probably huge disadvantages for the employers… the program won’t work anymore because the people can’t wait… caregivers don’t have PR status but they have the advantage of being able to come to Canada more quickly.”
“I am not saying I disagree (with the PR status option),” but he clarified he wanted to throw out those ideas as he expected that his officials would raise the same concerns. He then invited Velasco to respond at some point later.
Short-term options
Ramon Grajo presented G-Hub’s position consisting of seven recommendations covering short-term measures considered “doables,” while calling for “the granting of immediate landed immigrant status to those coming in as Live-in-Caregivers as a long term measure.” Among these recommendations were making the work permit occupation-specific rather than empoyer-specific; counting actual hours rather than number of days of employment; granting a moratorium on departation of live-in caregivers upon arrival; passing the proposed Juana Tejada Law; and allowing caregivers to avail of EI and social services.
The Minister commented that the recommended measures made it much easier for him to think of possible policy options.
He pointed out that caregivers may not qualify in the point system of the skilled workers program, to which Velasco had responded that caregivers were in fact skilled workers, and have to pass the educational requirements of the program which are more rigorous than the previous foreign domestic workers program. She emphasized that caregiving jobs require skills which caregivers already have.
Lawyer Rafael Fabregas stressed the importance of the proposed Juana Tejada Law, while also supporting the call for landed status for caregivers.
Lawyer Deanna Santos emphasized that caregivers be granted permanent resident status at the outset, and that the mandatory live-in requirement be removed as these two features of the LCP are the root causes of the many problems with the program.
Others expressing support to this position were Terry Olayta and Melfa Bataclan of Caregivers Resource Centre; and Connie Sorio of IWA.
Hermie Garcia, CASJ president, emphasized that seeking permanent residency status for caregivers, and the removal of the live-in requirement and the employer-specific feature are not only for caregivers, but will also benefit Canada. (See page 9.)
“The good that we do these caregivers, by treating them as equals…is not only good for them. It is good for Canada, for our children, for our elderly, for our sick family members,” he concluded. (From submissions, taped records and staff interviews.)
Caregivers, advocates and friends at the Minister’s Regional Office of Jason Kenney in Toronto after the consultation on April 26.
Caregiver Celia Mansibang, on wheelchair, with family, Precy Limpiado, Terry Olayta and Merfa Bataclan.
I would like to comment as per Kenny said, “if we were to make livein caregivers automatic residents, then we would have a very strong policy argument that we would have to put them in the same queue as all of our permanent resident applicants which take five to six years to process rather than one to two years. So there would be probably huge disadvantages for the employers… the program won’t work anymore because the people can’t wait.”
Assuming that they would put the LCP applicants from abroad in the same queue as all of the PR applicants, I don’t see that it is really the employers’ disadvantages but it is the Canadian government’s economy who is going to suffer.
In the first place, employers don’t pay any placement fee for hiring a foreign caregiver. They don’t give a heck even the employers and employees are bound by a contract. Employer’s are free to walk away because they didn’t spend a dime for the hiring of the employees. Caregivers are proned to be more diligent to finish their contract without complaining, whether they are abused or not happy with the family, due to some considerations they would be facing if they would try to change employers. One of these considerations, it is an extra money out of a caregiver’s pocket for re-application of the work permit. And also, it takes forever to wait for the processing of the labour confirmation and applying for new work permit. It is as well affects the completion of their LCP due to time constraint that puts too much pressure on them and at the same time the reunification of the caregiver’s family. Yeah, caregivers are free to walk away at their expense. For a low income earner and supporting their family way back home, work permit fee costs a lot to the caregivers. There is no assurance from the Canadian government that the placement fee that a caregiver paid through the agency would last to a one employer only. The contract between the employer and employee is usually being thrown out when a caregiver sometimes try to voice out of the injustices within the employment period. Because it is stipulated in the contract that a canadian employer could give a caregiver prior notice if the caregiver’s service is no longer required. They could terminate it without violating the ESA however, for the Filipinos it is costly. It is different if the placement fee that the caregiver have paid through the agency is compensated throughout the employment whether to one employer or to another. This adds up to the agony of the caregivers.
It cannot be denied the fact that the culture and traits specifically here in Canada when it comes to family obligation, employers couldn’t relied on their own family members or relatives to take care of their children, parents and to those that have special needs on a long term basis. It’s disappointing to say but even in a short term help from their family, they hardly get that support. To some extent they could have that support but at the end of the day they are still be the one to do that obligation, especially the ones with the children. I’m a bit personal to this point of view but the majority of the canadians who could hire a nanny are those considered as the first class citizen, which is the white people or to those who’s first language is English.
I don’t believe that employers couldn’t wait for the foreign caregivers to fill up the jobs. As the matter of fact, they won’t lose anything just for waiting. Canadian employers are opportunistic. They will hire whomever is available for the job. They are desperately in need of domestic help. If they would be given a choice which to hire between foreign and domestic caregivers, they will choose the one from abroad. It doesn’t matter if they’ve waited for a long time because they know how good the Filipino caregivers perse. Despite the fact that it is more beneficial for the employers to hire from abroad it is an automatic long term help compared to those local caregiver who don’t seem to last in this kind of domestic job. Employers couldn’t get a quality service that the Filipinos are good at. Likewise, no local caregivers are willing to live in with their employers.
The Livein Caregiver Program is not really created for the employers. Kenny is indenial of the fact that the LCP is a cure for the shortage of local caregivers to help the canadian families. We, Filipinos are merely doing a big favor for the Canadian Government. Canada is not the only country that offers caregiver jobs except for free heathcare and the opportunity for permanent residence. However, when it comes to worst that the LCP could’ve dissolved and leave the processing time the same as the PR application for skilled workers, still the Filipinos wouldn’t discouraged applying for it to Canada or stop finding and applying work of this kind of job to other countries. Hence, Kenny will realize new problems to deal with without the foreign caregivers.
But we don’t need to get there. Let’s be positive of the idea that what could the canadian government benefitted of granting Filipino caregivers as an automatic landed immigrant? I have a simple answer to that.
The family is a basic unit of the society. In order for a nation to prosper is to start developing from the basic. The Filipino caregivers are a direct helping hand to the canadian families. Which means that caregivers have an important role in making the country’s success.
Mabuhay Philippines!
If you feel that Canada is that bad of a place to live, then why stay in Canada. Canada is not begging you to stay.
Now if a foreign national would like to stay in and live in Canada you must abide by its laws. If I were to visit the Philippines I will abide and respect that countries’ laws.
But for a foreign national to come to Canada and suggest that all Canadians are opportunistic and bad people and suggest the Canadian government to change its laws to accomodate them, this would be an insult to Canadian.
hi im benilda and im a caregiver here in canada for about 1 year and 6 mos. now..there are some rumors that caregiver in canada now specially those who just arrived will be no longer become or cant no longer apply for permanent visa and immigrant…is this true? those caregivers who arrived before 2007 their remarks on their work permits are they are eligible to apply for permanent visa/residence compare to us caregivers who arrived 2007 upto the present year we dont have a remarks on our wprk permit…are we not eligible and are we need to exit canada after our contracts?
Hi! have a good day! i’m a filipino caregiver here in Israel. i wanted to apply for canada as a caregiver also. but i’ve heard a rumors that filipino workers in canada who arrived starting Feb.2009 will no longer be granted a landed immigrant visa & that all filipino workers in canada will be a contract workers only. i wanna know how true is this.. am looking forward for your reply. Thank you! & More Power!
I have read the above statements. It is not only caregivers from the Phillipines who are having great chalenges with the LCP program. Other caregivers from the Caribbean Region and elsewhere are affected just the same. I would really like for us to bring a holistic approach to the issues faced by ALL caregivers. I really concur with the idea that caregivers should at least be given a work permit that is not employer specific and that the caregivers should not be mandated to live in any employer’s home. Persons on the LCP program are qualified teachers and nurses just to name a few with degrees and diplomas in these areas. Therefore, caregivers are truly qualified, skilled persons. I really hope that the Minister look into the matter and deal with it with much expedience.
my heart bleeds for my fellow filipinos..we dont deserve this..to beg for respect and equal treatment. we are very hardworking and loyal once we are treated well and at times, even when we are maltreated.I remember our national hero Jose Rizal together with the other filipino compatriots in spain when they were fighting for equal treatment for filipinos back home..from one century to another..we are a people who never cease to struggle for freedom..freedom from slavery..i used to be shamed of being a filipino because the world thinks of us a second class citizens because of the work we do..but now im really proud of being a filipino..to work as a caregiver or a domestic helper abroad is not for the chicken hearted..it takes courage ..we choose to work like slaves than to steal..so we can provide our family a better future..to all the hardworking filipinos around the globe..i salute i am proud of being one of you!take courage be brave…and keep God in your heart..everything is going to be well with us!
most caregivers are qualified skilled workers. i am a care giver,wrote the ontario Rn exams and passed so the minister should be aware that,yes the children,sick individuals and the elderly people of canada are being looked after by qualified personnel.
we need fair treatment,its basic human rights.
I am one of the three cases here in victoria who became a caregiver after a two year contract as housekeeping aide .We applied as such hoping to be eligible under the live-in caregiver program.Unfortunately though the approved work permit we got is marked otherwise.At present we are stepping on our fourth year here in Canada and facing no hope of qualifying under any of the existing CIC programs .The lawyers we have consulted advised us to shift jobs into hotels or restaurant, an advise which is very difficult for us.Most placement agencies ar ie demanding huge amount of pay and most establishments are entertaining applicants who are already immigrants or with open work permits. Another dilemma is the feeling of guilt leaving behind an employer who had become totally dependent on us for their daily existence. I for one wishes to stay under her employ until her time comes BUT WITH A FERVENT HOPE AND WISH that one door will be open for us to become eligibe even as a mere permanent resident applicant. THANK Y OU SO MUCH FOR THIS PAGE .MAY THIS PLIGHT OF OURS BE HEARD AND CONSIDERED EVEN FOR AN OUNCE OF FAVORABLE ACTION BY THE CONCERNED AUTHORITIES, SPECIALLY BY MINISTER JASON KENNEY.
hi to everyone.i have 23 years of professional nursing experience and came here in Canada to work as a care giver in 2008.i finished the 2 year LCP and have filed for sponsorship for my 2 kids and Permanent Residency last May 2011.I am THANKFUL that i received my open permit BUT i am frustrated because the CIC is taking a long time in processing our (me and my 2 kids) papers.As a matter of fact my kids DONT even have the kit yet from the CIC office..my question is WHY IS IT TAKING THEM A LONG TIME TO RELEASE OUR PR APPROVAL?because ONE OF THE REQUIREMENT in practicing a profession is the PR status or the canadian citizenship…CANADA IS A GREAT COUNTRY TO LIVE IN and I NEVER REGRET COMING TO WORK IN THIS COUNTRY BUT I WANT MY KIDS TO BE HERE WITH ME TOO…THANK YOU FOR READING THIS AND I HOPE YOU CAN HELP ME WITH MY SITUATION..
Speak you mind for truth you see …those are the words from the song I wrote.To Philip Pines – you simply don`t know and don`t understand what is all about here.
quote: “Immigration minister says foreign caregivers can work elsewhere when contract ends
Following a Star investigation, Ottawa has quietly issued 10,000 open work permits to foreign caregivers allowing them to take another job once their two-year obligation is met.” end of quote.
We caregivers have obligations, to work for 2 years. Now – the government seems promised how long we will be waiting for PR, but miraculously this waiting time is increasing, increasing, so what about those obligations? Well, we know when the politician opens his mouth – he lies.
It is so cruel to separate families!!!!!!!! Hear us government: IT IS CRUEL!!!!!!!!!!!
So often I think I wish they (those, who by one simple click add “just a few months to the waiting time”) feel, and have such experience as emotional pain from being separate for no reasons! it does not have to be like that.
DOES NOT HAVE to be so. All this big talk about human rights, they make a big deal in some other countries by “teaching them how to treat other humans “, they just shake the air with all that talk, first clean up the stuff in your yard, or do not promise things you can`t give, so potential caregivers have a true picture of how much, how long, how true it will be.
I wish all the foreign caregivers raise as Native people do { Idle no more} let`s organize a move Separation No More, Reunite Our Families… I wrote another song about movement in Egypt but it is so relevant to our situation:
Let us stand firm and tall
Like a rock that`s standing strong
Let our might be what`s right
Let us be
Let us face like a rock
Face the sea of crashing waves
Let us feel common feet
Standing firm
When they`re wrong
Then we must be strong
Let the Strong Spirit touch everyone of us
Based in Toronto, Ontario, Canada, The Philippine Reporter (print edition) is a Toronto Filipino newspaper publishing since March 1989.
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