Caregiver issues remain unsolved
Caregiver issues remain unsolved
By Harija Riza U. Khamal
The passage of Juana Tejada Law among other amendments in the Live-in Caregiver Program (LCP) is associated with policies to better the status of the live-in caregivers in Canada, thus the community of caregivers is expecting to benefit from the enactment of these changes that took effect in April 1, 2010.
“There is nothing yet to celebrate,” says Pura Velasco, an advocate of Caregiver Support Services, “until a landed status upon entry is granted to the caregivers.”
She said an estimated 9,000 to 10,000 caregivers who are presently in the country do not fully benefit in these recent changes.
“Yung (no second phase) medical exam para sa hindi pa pumapasok sa Canada, yung wala pang work permit [The no second phase medical exam, is for those who are not yet in Canada, those who have no work permit yet,” says Velasco.
Last year, Citizen and Immigration Canada Minister Jason Kenney expressed full support for the implementation of the Juana Tejada Law, that eliminates the mandatory second medical exam.
“Our government fully supports the ‘Juana Tejada Law.’ We propose to implement this change in her honour, to ensure that no one else has to endure this same painful experience,” said Minister Kenney.
In an email interview, Atty. Rafael Fabregas, Solicitor & Barrister of Mamann, Sandaluk Immigration Lawyers, confirmed Velasco’s information and said that, “The proposed change that makes the second medical exam no longer mandatory will not benefit all caregivers, but it is expected to benefit most.”
“According to CIC, during the transition period from today to about 2012, they anticipate requiring no more than 30% of caregivers who apply for permanent residence to undergo the second medical exam. That’s roughly 12,000 caregivers for the next two years,” adds Fabregas.
The decision to require the second medical exam will depend on the results of the first medical exam taken by the caregiver prior to coming to Canada. If there were concerns noted then, that would be a reason for having the caregiver undergo a second medical exam when she applies for permanent residence.
“If any of them fail the second medical exam, a policy has been made to encourage the immigration officer to consider humanitarian factors, and to contact National Headquarters before refusing the caregiver’s application,” adds Fabregas.
Meanwhile, Velasco insisted that foreign caregivers coming into Canada, deserve the landed status as soon as they arrive in the country for they are assessed as potential immigrants with higher requirements from their country of origin.
She also believes that the status will secure the workers from the possible abuses of their employers.
“To avoid abuse, they [caregivers] should have a landed status, so that they will be equal in ‘power’ with their employers. While you’re not a landed immigrant, you’ll always be worried of being sent back home,” adds Velasco.
Besides the call for landed status for caregivers, Velasco believes that employer-specific work permit should be voided and instead make it job specific.
Meanwhile Fabregas believes that the amendments in the LCP, “still fall short of making the program work fairly and efficiently for both caregivers and employers.”
‘The fight will go on’
“So there remains a possibility that a caregiver could be refused for being medically inadmissible, and the question really now is whether or not we as advocates, as a community who has taken up the cause for caregivers, are happy about this, or whether or not we should continue our campaign for ALL caregivers to the exclusion of no one,” says Fabregas.
“The problem here, the solution given by Immigration Minister Jason Kenney is case-to-case basis, not policy-driven. This is not a proper way of resolving the issues of live-in caregivers,” adds Velasco.
“Kaya para sa akin, wala pa ring tunay na respeto ang Canadian government sa caregivers kasi hindi pa rin binibigay ang landed status pagpasok nila sa bansa.”
Fabregas implies that the fight for the caregivers’ welfare and better situation should go on, because there are still problems that were not addressed by the recent changes in the LCP. Some of which are the lengthy processing times overseas; processing delays in Canada when a caregiver changes employers remain. Family separation of up to five years that every caregiver has to endure.
Disqualification from permanent residence when caregivers enter into a spousal relationship with failed refugee claimants is still in the books.
“There are many problems not addressed. The playing field remains uneven, and thus unfair,” says Fabregas.
Other changes
Besides the ‘no mandatory second exam’ for the incoming caregiver, other amendments in LCP such as policy changes by Human Resources and Skills Development Canada (HRSDC), and as well as the new law in the province of Ontario banning recruitment fees charged to caregivers are now in effect.
Even though the changes fell short in resolving the caregivers’ issues according to Velasco, the extension to four years of completing the employment requirement to be eligible for permanent residence will benefit all the caregivers.
Another change in LCP is the option of counting work-time by the hour, and use portion of the overtime hours toward the work requirement.
“When this amendment was presented to CIC it is with the intention that the caregivers would be able to complete their live-in requirement time earlier than 24 months, at least within 1 year and 6 or 7 months,” explains the disappointed Velasco. “Because I believe there is no one caregiver who didn’t spend over time at work.”
But sadly the goal behind the time counting was not achieved because the government limited the overtime hours that can be claimed by the caregivers to only 10% of the 3,900 hours. The amount of time is only equivalent to two months.
“Counting by the hour is also one way of ensuring implementation of employment inside the household. At the same time, this is to ensure caregivers that when they lose their job they can apply for employment insurance. Oftentimes, caregivers can’t apply for that benefit due to lack of insurable hours.”
Also, says Velasco, “If the overtime work of the caregiver is not declared, this is also not good for the government because that means the employer is not paying taxes. It is cheating.”
Caregivers dismayed
During the ‘man-on-the-street’ of the Philippine Reporter, many of the responses were negative when respondents were informed about the changes in LCP.
“Bakit ganun?! Dapat yung nandito na ang unang makinabang di ba? [What? Shouldn’t it be us, who are already here who should benefit first?]” asked Zeny, who is preparing her documents now to file the application for permanent residence.
Reena who has completed her 24-month required live-in employment in Canada had filed her application and was hoping to be exempted from the second medical examination.
“Nakakatakot kasi ’yun. Kapag bumagsak ka sa medical, kasama mong babagsak ang mga pinaghirapan mo para manatili dito at makasama ang pamilya [It’s scary (medical). When you fail in the medical, your effort to stay here and be with your family will be shattered,” says Reena.
The same reaction was echoed by majority of the respondents.
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