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Independent Workers Association (iWorkers)
200 Ronson Drive, Suite 300, Etobicoke, ON M9W 5Z91-866-621-9655info@iworkers.ca 
Creating A Level Playing Field to Ensure Fairness for Caregivers
A Submission to Minister Jason KenneyCitizenship and Immigration Canada and Multicultural AffairsApril 25, 2009
Canada’s Live-in Caregiver Program, or LCP, should be lauded as the best immigrationprogram in the world for caregivers, because it is the only program that providescaregivers with the opportunity to become permanent residents.Nevertheless, since it’s inception in 1981 as the Foreign Domestic Movement, seriousproblems experienced by many live-in caregivers have surfaced. Most of these problemspersist, due in large part to the inability of the Canadian government to adequatelyaddress them through statutory, regulatory, or policy change.We accept that addressing all the serious problems at once may not be feasible, but webelieve that short-term changes can dramatically improve the plight of many hard workingcaregivers immediately, affording them a more level playing field towards attaining their deserved permanent residence.Despite the difficult road ahead, we also firmly believe that the LCP cannot continue in itscurrent form -- temporary residence which may lead to permanent residence -- even if allof our short term proposals are adopted. Creating a genuinely level playing field for alllive-in caregivers requires shifting the LCP to a straight permanent resident category. It isonly as permanent residents that the serious problems inherent in the LCP can besignificantly eliminated. Indeed, no permanent resident working as a live-in caregiver inCanada has ever complained about an abusive employer or an unscrupulous recruiter.The recommendations below are grouped into two main categories: short-term and long-term. In the short-term section only, we further group the recommendations under threeheadings: statutory change, regulatory changes, and policy changes.
Short-Term Recommendations:
1. Statutory Change:
a. Pass the proposed
Juana Tejada Law 
– a proposal to amend section 38 of IRPA to exempt live-in caregivers from having to pass a second medical exambefore being granted permanent residence.
 
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2. Regulatory Changes:
Many of the problems faced by Live-in Caregivers stem from the requirement to “live-in” with their employer. Changes can be adopted to reduce many of these problems,including making this requirement optional. Moreover, this change could make theLCP more accessible to more Canadians who prefer having the freedom to choose theworking arrangements that are better suited for individual circumstances.In situations where abuse and exploitation arise, and they often do, a caregiver mustbe able to easily remove herself from the situation without worrying about not meetingthe 2 year work requirement within 3 years.And even if the caregiver finds the best employer in Canada to work for, there aremany other factors that are beyond her or anyone’s control that could make itimpossible to meet the required 2 years of work within 3 years. For instance, thecaregiver could fall seriously ill, she may get pregnant and go on maternity leave, theremay be economic downturns and consequent job losses for employers, and so on.The LCP must have greater flexibility in accommodating these problems when theyoccur.Of all immigrant applicants, caregivers are the only ones not allowed to freely choosetheir lifelong mates while they remain temporary residents under the LCP. For caregivers, and for caregivers alone [under section 113(1)(e) of the Immigration andRefugee Protection Regulations], marrying a failed refugee claimant will be fatal totheir permanent residence application.And for those factors that are within the caregiver’s control, immigration problems areoften exacerbated by not having access to resources and information in a reliableand/or timely manner. They cannot contact CIC’s Call Centre because they fear deportation.Finally, abuse and exploitation often can and do occur long before a caregiver contactsa Canadian immigration officer overseas. For instance, recruitment agencies in thePhilippines follow the model of “employee pays to find work”. Many Canadianprovinces have legislated against this model for caregivers and low-skilled temporaryforeign workers, and the federal government should work closely with their provincialcounterparts to ensure full compliance. For similar reasons that the Canadian Societyof Immigration Consultants (CSIC) was created, a new self-regulating body for recruitment agencies must also be created to better police its ranks.In order to address all of the above concerns, our recommendations for short-termregulatory changes to the LCP are as follows:a. Make the “live-in” requirement optional;b. Make the LCP work permit a “semi-open”, i.e., occupation-specific only;c. Make the 3-year window adjustable to allow the caregiver to make up for timelost due to unforeseen events or events beyond her control;
 
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d. Repeal section 113(1)(e) of the Regulations;e. Require mandatory information sessions/courses for BOTH employers andcaregivers at any time before, or within a reasonable amount time after, thecommencement of employment; and,f. Create a new self-regulating body specifically for caregiver recruitment agentsand/or agencies, at arms length of Citizenship and Immigration Canada.
3. Policy Changes:
Some of the necessary reforms to the LCP can also be achieved with far greater easeand expedience by simply amending Departmental policies.Many caregivers lose provincial health coverage while on “implied status”. This periodcan be for at least 6 to 8 months, sometimes longer. Many caregivers lose timedespite performing work for the same Canadian employer outside Canada, whileaccompanying the employer on vacation or for the winter months. Many caregiverslose more than money when they are duped by recruitment agencies with a bogusemployer or job offer. These unfortunate caregivers are subsequently deported.Canadian families also lose precious time away from work because of lengthy waits atthe Embassy in the Philippines. Filipino caregivers are also separated from their families because of lengthy wait times. To make matters worse, family members arenot allowed to join caregivers in Canada until after permanent residence is granted.Or, even if allowed to be in Canada sooner, the dependant spouse is not allowed towork. Caregivers also often do not know who or where to turn to for immigrationproblems. And lastly, acceptable wages of caregivers are set against provincialminimum wage rates.Therefore, our recommendations for short-term policy change to the LCP are asfollows:a. Extend Interim Federal Health Plan coverage for Caregivers denied coverageby provincial health plans;b. Count the time spent outside Canada working for their Canadian employer,towards the 2 year requirement;c. Set up a confidential, toll free number for caregivers, to access necessaryinformation and resources on immigration problems, and provide confidentialpsychological or emotional counseling;d. Impose a moratorium on the deportation of live-in caregivers upon arrival, andcounsel border officers to first consider issuing Temporary Resident Permits;e. Reduce processing times for work permit and permanent residence applicationsto ensure quicker access to workers, and quicker family reunification to eligiblecaregivers and their families;
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