Rejoinder
Rejoinder
I will limit my response to the issue regarding the four-year cumulative limit for temporary foreign workers, which was the subject matter of the blog I wrote. Tiangson mentioned a list of other issues which was not covered in my blog and I will not dignify it with a response.
Tiangson and other caregiver advocates maintain that the Live-in Caregiver Program is exempt under the new rules. They said this issue has been clarified by Canada Immigration and an operational directive will be issued accordingly.
I have not seen any operational directive but I have read the new rules which took effect last April 1, 2011. All you need is the ability to read and speak English in order to understand what the new rules are. I cannot make interpretations outside of the written law, such as oral promises or undertakings made by Mr. Jason Kenney.
Are live-in caregivers really exempt under the new rules?
Partly yes, but there is a precondition. In order to be exempt, a live-in caregiver must have submitted an application for permanent residence after completing her employment contract and she has received an approval in principle letter from Canada Immigration [underscoring mine].
As I have said, many caregivers can easily complete their contract in less than 3 years. That leaves them enough time to submit their PR applications and wait for their approval. But not all caregivers are on the same boat. Many have encountered problems beyond their control, such as an uncooperative husband who would not provide the documentation required by the Canadian Embassy in Manila for a host of many reasons, or a caregiver’s child has been found medically inadmissible, or a divorce application is still pending approval by the court. Some caregivers have been denied their PR status and have been in Canada for more than 5 years. Obviously, Tiangson knows nothing of this.
Tiangson and others are relying on Mr. Kenney’s promises or personal undertakings. For all we know, Mr. Kenney could promise the moon to help the Conservative Party win the majority in the coming federal election. Like the time when he promised that caregivers will no longer be required to undergo a second medical examination when applying for PR. Yet, check the rules and they still state that medical officers overseas retain the right to examine for excessive demand. And for the second time when Mr. Kenney again promised that live-in caregivers will not be subjected to the four-year limit for temporary foreign workers. You will not find these promises or undertakings in the rules.
Sometime last year, we wrote to Mr. Kenney about the predicament of one caregiver whose daughter was diagnosed with Down syndrome and another caregiver whose son suffers from a heart defect. The medical officer in the Canadian Embassy in Manila gave its opinion that such cases will impose an excessive demand on Canada’s health and social services. So, the caregivers’ PR applications were denied and they have been issued removal orders.
What did Mr. Kenney say? His staff wrote back to us saying there was nothing they could do but follow the rules. Perhaps, we should have referred these cases to Tiangson so he could have brought them up with Mr. Kenney during one of their personal meetings.
I know of a few other cases where some caregivers are still waiting for the approval of their PR applications that have been stymied by the lack of cooperation from their husbands in the Philippines. Their applications have already gone beyond the four-year limit. Under these circumstances, these caregivers have no choice but apply for divorce so they can exclude their husbands in their PR applications. Time-wise, PR applications with this kind of problems take longer to process, in most cases beyond the four-year limit.
What happens to a caregiver who has received a removal order because her PR application has been refused? Will Tiangson and others be able to persuade Mr. Kenney to be more understanding and allow these caregivers to get their PR status?
I will not address the other issues raised by Tiangson. I am neither a politician nor a supporter of major Canadian political party. Suffice it to say, however, that Tiangson appears to be a rabid supporter of Mr. Kenney and the Conservative Party. Tiangson is a leader of a coalition organized to help boot out Ms.
Ruby Dhalla from Parliament in the coming federal election, which is a waste of time. Instead of helping a Filipino candidate get elected, Tiangson and others are campaigning in Brampton in support of Ms. Dhalla’s Conservative Party opponent. Why can’t we spend our collective effort and time to develop and support Filipino candidates, instead?
Perhaps, Tiangson knows Canadian immigration law better than I do. Maybe. But at least, he should find some time to read the law and the rules and compare them with what Mr. Kenney has been promising all along.
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