More government stupidity. Immigration style…


This came from my friends at the Wee Care Agency who have helped place my family with 3 nannies over the past 5 years, through the Canadian live-in caregiver program.  The program lasts 2 years and allows those who utilize it to apply for Canadian citizenship upon completion of the program.  So if you are considering sponsoring a nanny from overseas, act now!  Read on and you will see why.  Wee Care can be found at www.weecareplacement.ca.  Tell them Urban Daddy sent you.  They wont know who that is but it will be fun.

They wanted to bring to everyone’s attention that the proposed regulatory changes to the Live-in Caregiver Program brought forward by the Immigration Minister, Jason Kenney, on December 12, 2009 have now been passed by Canadian Immigration.   

These changes will take effect as of April 1, 2010 and will have serious consequences to families needing caregiver help.  Specifically, employers who sponsor from abroad will be required to pay for all travel expenses of their caregiver, as well as increased recruitment fees.  This will put an unnecessary financial burden on Canadian families hiring live-in caregivers.

Additionally, Ontario families wishing to hire a live-in caregiver are hit with a double whammy with the passing of Bill 210.  Bill 210 comes into effect on March 22, 2010 and ensures that Ontario families hiring live-in caregivers will have to incur substantial increases in costs in relation to hiring a live-in caregiver.  You can find a link to Bill 210 at the bottom of this letter.

Furthermore, we are expecting that the minimum wage for the live in caregiver program will be increased at the end of March 2010- however this has not yet been announced and we will inform you when it does.

So this is the government’s press release:

Changes to the Live-in Caregiver Program

Effective April 1, 2010, all employers applying for a Labour Market Opinion under the Live-in Caregiver Program and wishing to hire foreign live-in caregivers must meet the following requirements:

Health Insurance

Employers of foreign live-in caregivers are now responsible for paying for their caregiver’s health insurance at no cost to the caregiver until he/she becomes eligible for provincial health coverage. Employers are not permitted to recoup these costs from live-in caregivers.

Workplace Safety

Employers of foreign live-in caregivers are now required to enrol their caregivers in provincial workplace safety insurance (also known as worker’s compensation) or comparable insurance if the former is not available. This must be done at no cost to the caregiver. Employers are not permitted to recoup these costs from live-in caregivers.

Recruitment and Third Party Fees

Employers who wish to use a recruitment agency or third party agency to hire a foreign live-in caregiver must pay for all the services provided by the agency or third party, and must pay all fees and costs associated with such a recruitment or third party agency. Employers are not permitted to recoup recruitment fees or other costs associated with the use of such an agency or third party from the caregivers.

Transportation costs

Employers of foreign live-in caregivers are required to pay the transportation costs for bringing their caregivers to Canada. In the instance where foreign caregivers are already in Canada, employers are responsible for paying to relocate them to the location of work (where caregiving will take place) at no cost to the caregiver.

Mandatory Employment Contract (for sponsorship from abroad and local)

Employers must submit to Human Resources and Skills Development Canada (HRSDC)/Service Canada an employment contract with their Labour Market Opinion application to hire a foreign live-in caregiver. The employment contract must include the following mandatory clauses:

  • Duration of the contract
  • Duties of the position
  • Hours of work (including wages, overtime, holidays, and sick leave)
  • Accommodation arrangements, as per provincial and municipal standards
  • Registration for provincial workplace safety coverage
  • Transportation costs and arrangements
  • Health Care provisions
  • Recruitment fees
  • Terms of resignation and termination

A contract template and accompanying instructions will be posted on the HRSDC Web site soon. When the foreign national applies to Citizenship and Immigration Canada (CIC) for a work permit, a copy of the contract, signed by the employer and the foreign national, must be submitted to CIC.

IMPORTANT:

Employers are strongly encouraged to visit CIC’s Web site to familiarize themselves with the requirements of the Live-in Caregiver Program http://www.cic.gc.ca/english/work/apply-who-caregiver.asp 

It is expected that employers will ensure that complete and accurate records of work performed, wages paid, and other human resource records are maintained concerning their employment of a foreign national under the Live-in Caregiver Program.

Employers must provide their foreign live-in caregivers with signed documentation clearly identifying any regular and overtime hours worked. This is now required under new regulations that allow the caregiver to choose to count these hours toward the requirement for an application for permanent residence.

You can find Bill 210 here:  http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=2229&BillStagePrintId=4498&btnSubmit=go 

WHY SHOULD YOU BE CONCERNED?

These changes will mean a substantial increase in the cost that Canadian families will have to shoulder when hiring a live-in caregiver.

If Canadian employers must cover the airfare to Canada for their intended live-in caregiver, as well as increased recruitment costs. The employer should at least have some small assurance and/or recourse should the caregiver decide to leave after a short period and without due cause. 

WHAT CAN YOU DO?

Email the Immigration Minister, Jason Kenney, and the Prime Minister’s office and voice your concerns.

Minister Kenney can be contacted via email at Minister@cic.gc.ca, the PM at pm@pm.gc.ca

So this is the stupidest thing I have ever heard!  Why would Canadians continue to sponsor caregivers from overseas – specifically Hong Kong or the Philippines when it is going to cost them an arm and a leg to bring them over.  And what happens if they don’t work out?  All that money will be a waste.  Last time I checked if I wanted a job in say, Australia, I have to get there to work in that job.  I am not going to write the Australian government and ask them to draft new legislation requiring my new employer to pay for my relocation because I want to work there.     

Maybe Immigration Canada wants me to pay for my nanny to fly to Canada 1st class, and I can put her up at the Royal York on weekends.  I mean who do they think hire live-in caregivers?  People who need to work hire them so they can work and wont have to worry about daycare, etc.  They people are now going to be burdened by workers compensation, health insurance, travel and relocation expenses and a minimum wage increase.  Add to that the costs of salary, increased water and electricity, food and payroll deductions and the live-in caregiver will be a luxury for the wealthy only.

I suspect the fall out from this simply poor-thought out legislation will be that people will start asking companies live Wee Care for caregivers who live closer to their home, like Mexico, or Chicago, or Barrie.  Caregivers who will want to go into the program who are working in Hong Kong will have to make their own way to Canada on a “vacation” them apply while here in order to get hired and not burden their future employers with that cost of a plane ticket.

If the Canadian government wanted to remove the Live-in caregiver program and stop Philippino caregivers from coming in to Canada from Hong Kong why did they just say so.  To add this ridiculous stipulations make the government look like they are trying to stop people from abusing the program and the kind folks theat get brought over rather than than helping these people come over, get placed and them making sure they are not being overworked.

Provide a resource for them once they arrive, don’t make it impossible for them to arrive.

Congrats to the CIC.

You make the Canada Revenue Agency look like geniuses.

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6 thoughts on “More government stupidity. Immigration style…

  1. Eve March 24, 2014 / 12:06 am

    Dear Urban Daddy,

    My sister applied here in Canada as a nanny through an agency since 2011, and since then she haven’t found any employer yet until now, she kept promising that she found one already but none. So we decided to back out. My sister paid her 3000 bucks already. My question is, ” How we can get the money back? Is there any authority to complain about her? Thanks in advance.

    Like

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