Please click and share! For live-in caregivers PERMANENT RESIDENCE UPON ARRIVAL iWWorkers-Migrante Recently, there was news about Mr. Jason Kenny saying that the Live-in Caregiver Program (LCP) is being “abused” … taken advantage of by Filipinos to bring in their relatives to Canada, etc. And then a suggestion that live-in caregivers not be given the right to permanent residency anymore. And that Minister Chris Alexander is planning to “modernize” the LCP. What is the LCP? The Live-in Caregiver Program was introduced in 1992 to address the need for live-in workers who will care for children, seniors and disabled persons in a Canadian household. Ninety (90%) of LCP participants are of Filipino origin and majority are women. Others are from Latin America, the Caribbean and Asia. Many caregivers from the Philippines are college university graduates such nurses, teachers, engineers, secretaries accountants etc. The live-in caregiver is initially granted a work permit and is required to perform two years of full time live-in caregiving work in a Canadian household within 4 years of arrival to qualify for permanent resident status in Canada. Only live-in caregivers have the option to apply for permanent residency. Because of this, the program attracts migrant workers who have been working for a long period of time abroad to come to Canada and reunite with their families here. This was what attracted me to work here, hoping that one day my dream of a better future will turn into reality. In contrast other temporary foreign workers, such as seasonal agricultural workers or low-skilled workers, cannot apply for permanent residency. Issues... Under the LCP, caregivers are governed by five conditions: 1) they have temporary status; 2) they are not authorized to work in any occupation other than that as live-in caregiver; 3) they are not authorized to work for any employer and in any location other than stated in the contract; 4) they are subject to the mandatory live-in requirement; and 5) unless authorized, they cannot attend any educational institution or take any academic, professional or vocational training courses. Still another issue to be addressed is family separation and reunification. Live-in caregivers and their families are separated from each other for an average period of 5 years. Many have waited long enough to reunite with their families. And then there is economic and social integration or transition. Upon finishing the program, many caregivers fail to be integrated economically due to several factors such as losing recognition of previous training/skills, long and expensive upgrading process and limited use of immigrant services. After the program, many of these caregivers still work as caregivers. Based on consultations conducted by MIGRANTE and its organizations across Canada, caregivers say that their temporary status and the mandatory live-in requirement put them in a very precarious position. They are confined to work in their employers’ homes, making them vulnerable to forms of abuse other workers in Canada do not experience. They are forced to work over eight hours without overtime pay; they are wrongfully accused of theft, etc. Their basic human rights to freedom of mobility and residence are restricted. And their temporary status significantly limits their ability to get out of dangerous and difficult situations. It is therefore not fair to hear such a comment that the LCP is being abused and used only as a pathway to come here by many Filipinos. In Philippine society, the family is a closely-knit unit. Family members provide the safety net for any member in need. And this is why in many cases, the women just think of their promised future as permanent residents and simply endure the injustices done to them – even if only to be able to support and eventually be reunited with the family members they left back home. But then who is abusing who? In a situation where we are driven out of our country to find better opportunities abroad in order to survive, because forces like Canadian mining companies plunder our land and resources, displace our indigenous communities and take advantage of our cheap labour. In such an arrangement where the Canadian government does not have a national child and elder care policy and instead brings in women from the Philippines, the Caribbean and other countries to be employed in jobs that no Canadian would take on. Add to these the presence of many Filipino migrant workers in Canada who use the TTC, rent an apartment, pay their taxes, EI, pension plan and buy goods and services -- all contributing to the economy of this country. Gains through collective strength and struggle... In April 2010, through the collective effort of caregivers and other migrant worker groups and organizations, advocates and supporters from the churches, unions, academic institutions and individuals, changes were introduced into the LCP. Some of the significant changes are as follows: A. Regulatory Changes: • Extension of the LCP employment period to four years (from three years) • 24 months or 3900 hours (min. of 22 mos. with up to 390 hours overtime) of full time live-in caregiving work • Removal of the second medical examination requirement (the Juana Tejada Law) B. Administrative Changes to the LCP 1. Employers are now required to pay: transportation costs; medical insurance coverage until eligible for provincial health insurance; workplace safety insurance coverage; and all recruitment fees payable to a third party recruiter/agent. 2. Employment contracts must contain additional mandatory clauses such as employer-paid benefits, overtime, holidays, sick leave, termination and resignation terms 3. Emergency/expedited processing of new LMO and work permit applications for caregivers who left abusive employers. These are hard won victories, and a large percentage of caregivers since that time actually were able to avail of, and benefitted from these changes. Consultations are happening but it seems that these are only with a select group. As a concerned individual and part of the Filipino community, I believe that there is nothing wrong with pushing for changes or reforms in the LCP. What is important is that these are genuine and relevant to the rights and welfare of caregivers and their families. The most fundamental change that caregivers want is PERMANENT RESIDENCE UPON ARRIVAL. We need to remind the Canadian government that despite these tough economic times, Canada is still fortunate to be one of the wealthiest countries in the world. And with this wealth comes a responsibility to ensure that everyone in this country regardless of means and background is treated with fairness and respect. Reasserting our demands... We therefore reassert our demands. Dare to change, Care to change! We are one with other individuals and caregiver advocates in the demand for fundamental changes to the Live-in Caregiver Program! 1. WE DEMAND THAT CAREGIVERS SHOULD COME AS LANDED IMMIGRANTS AT THE OUTSET WITHOUT CONDITIONS BY MAKING THE LIVE-IN CAREGIVER PROGRAM A PERMANENT RESIDENT CATEGORY. 2. Make the work permit “open” i.e., occupation-specific, not employer specific. 3. Make the live-in requirement optional. 4. Count the time spent outside Canada working for Canadian employer towards the two-year work requirement. 5. Review acceptable wage rates, as current rates are only set against minimum wage rates in each province. 6. Make provincial health coverage available to migrants and new immigrants upon arrival instead of making them wait for three months before they are covered by universal health benefits. 7. Allow family members to accompany live-in caregivers to Canada and issue an open work permit to their spouses. 8. Review the requirement that a live-in caregiver who has finished the two-year work requirement cannot get permanent resident status if her spouse or any of her children being sponsored is deemed inadmissible to enter Canada. The whole family is denied permanent resident status, including the applicant. Caregivers describe this as “all or nothing.” 9. Encourage Canada to sign on to the UN Convention on the Protection of Rights and Welfare of Migrant Workers and Their Families, which is compatible with the Canadian Charter of Rights and Freedoms in guaranteeing fundamental rights to all people in Canada, including migrants. 10. Urge Canada to ratify and implement the ILO Domestic Workers Convention No.189 and Recommendation No.201 concerning Decent work and Upholding Domestic Workers’ Rights.
Posted on: Mon, 13 Oct 2014 03:51:28 +0000
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