December 12, 2009 is a good day for the Live-In Caregivers of Canada as Citizenship, Immigration and Multiculturalism Minister Jason Kenny announced the proposed new regulations drafted that will better protect the rights of its Live In Caregivers and will make it easier for these foreign workers and their families to obtain permanent residency in Canada.
Here is the list of the proposed changes:
1. Eliminate the requirement for a second medical examination when applying for permanent residency.
Also known as the Juana Tajeda law, this law has came about when live in caregiver Juana Tajeda was applying for permanent residency and was denied because of her cancer. Her illness has developed while already working in Canada. Her application was first denied but later on approved only due to humanitarian and compassionate grounds. This change will ensure that no one will undergo that painful experience again.
2. Live In Caregivers who work overtime can now apply for residency sooner.
Current Situation: Live In Caregivers must work for two whole years of their three years stay before they can apply for residency. This means that unplanned events such as pregnancies or lost of employment can affect this requirement since they won’t be able to work for two straight years.
Proposed Change: Live In Caregivers can now apply for residency after completing 3,900 work hours or working from Mondays-Fridays for eight hours. So if they render overtime work then these hours will be counted. Also, these changes would also increase the time that live-in caregivers are allowed to complete the work requirement from three to four years.
3. Additional benefits will be given as stipulated in the contract.
The proposal also specifies the following to be paid by the employer:
– fare that the live in caregiver will need to come to Canada
– medical insurance until the live in caregiver is entitled for provincial health coverage
– workplace safety insurance
– any recruiting fees owed to third parties
These all have to be stipulated in the contract. Also, the contract must include clauses about the work scope and duties, hours of work, overtime and holidays, leaves and termination and resignation terms.
4. CIC will set up a hotline for live in caregivers. Also, study permits are no longer need by live in caregivers if the course they will be taking is shorter than six months.
These proposed changes have already been published at the Canada Gazette for a 30-day comment period open for all Canadians.