Abused Foreign Worker Applying for PR

[roly]

:

A friend and neighbor of mine here in the Philippines is already two years in Canada working as caregiver to a son of Canadian employer. But after a month or two, she was not given her salary due her. She also work other duties or jobs not mentioned in her work permit such as cleaning the house and lawns, laundrying, etc., and even work overtime.

After two months working with her employer, she abandoned her employer (she did'nt received her 2 months salary) and look for employer after employers just to sustain her and her family. She is now two years in Canada with this situation that I could'nt blame her for not staying with her previous employer. My questions are:
1. Can she report this matter to Canadian authorities? What particular agency?
2. Is she qualified to apply for Permanent Residency?
3. Does the abandonment affects her application?

Kindly educate us. Thanks a lot.

 

[SenoritaBella]

1. Yes. There should be a number on her LMO to report such complaints.
2. See #7 and 8 on this checklist: http://www.cic.gc.ca/english/pdf/kits/forms/IMM5282E.pdf and also
http://www.cic.gc.ca/english/information/applications/live-in.asp
3. I don't think so.

 

[PMM]

Hi

1. Yes. There should be a number on her LMO to report such complaints.
2. See #7 and 8 on this checklist: http://www.cic.gc.ca/english/pdf/kits/forms/IMM5282E.pdf and also
http://www.cic.gc.ca/english/information/applications/live-in.asp
3. I don't think so.

1. The way I read the post, is the "friend" came to Canada 2 years ago, worked 2 months and then abandoned the job. If this is the case then reporting it is not going to be productive. The question will be why did you wait almost 2 years to report it?
2. Another question is what has she been doing for the past 2 years? Working without authorization? So how did she survive if she didn't work?
3. If she has not worked for 2 years as an LCP then she probably won't have enough hours to apply for PR. within the 4 year window.

 

[Leon]

She or anybody else in the same situation should have reported the problem right away. She would have been in her full right to leave the employer but as the work permit is issued for this employer only, she would have had to get a new LMO and work permit before starting another job.

2 years as a live-in-caregiver working legally on a work permit would have qualified her to apply for PR. If she did not get a new work permit but stayed in Canada and worked illegally for other employers, she does not qualify to apply for PR.

 

[SenoritaBella]

Yeah. That explains a lot. Yikes.

She or anybody else in the same situation should have reported the problem right away. She would have been in her full right to leave the employer but as the work permit is issued for this employer only, she would have had to get a new LMO and work permit before starting another job.

2 years as a live-in-caregiver working legally on a work permit would have qualified her to apply for PR. If she did not get a new work permit but stayed in Canada and worked illegally for other employers, she does not qualify to apply for PR.

Hi


1. The way I read the post, is the "friend" came to Canada 2 years ago, worked 2 months and then abandoned the job. If this is the case then reporting it is not going to be productive. The question will be why did you wait almost 2 years to report it?
2. Another question is what has she been doing for the past 2 years? Working without authorization? So how did she survive if she didn't work?
3. If she has not worked for 2 years as an LCP then she probably won't have enough hours to apply for PR. within the 4 year window.

 

[roly]

To all:
Thanks for your replies. Accordingly, she did not report immediately the abuses of her employer since she was warned not to do so or else.... something like to that effect. Remember she is a stranger in Canada and no one to turn to. She is very much wanted to go home for her family but because of her desire to support her family back in the Philippines she was able to sustain herself by accepting jobs even for a very low remuneration.
She is thinking that if with a PR status she can now work legally. Can this be possible? :

 

[Leon]

To all:
Thanks for your replies. Accordingly, she did not report immediately the abuses of her employer since she was warned not to do so or else.... something like to that effect. Remember she is a stranger in Canada and no one to turn to. She is very much wanted to go home for her family but because of her desire to support her family back in the Philippines she was able to sustain herself by accepting jobs even for a very low remuneration.
She is thinking that if with a PR status she can now work legally. Can this be possible? :

She could have tried Service Canada, any newcomer centre, police, CIC call centre or she could have asked for advice in any cultural centre of the Philippines because she would have met people who speak her language and would be willing to help her.

A person is allowed to stay in Canada until their work permit expires but they are not allowed to work unless it is within the limitations of their work permit. What it sounds like you are saying, she has been working odd jobs under the table to support herself. This is illegal and would get her deported if immigration finds out about it.

I do not see under what category she wants to apply for PR. If she wants to apply as a live-in caregiver, you can find the requirements along with the requirements to change jobs at http://www.cic.gc.ca/english/work/caregiver/extend-stay.asp In order to apply, she needs to have:

* 24 months of authorized full-time employment, or
* 3,900 hours of authorized full-time employment. You can complete these hours within a minimum or 22 months. When calculating your hours, you can also include up to 390 hours of overtime.
* The work experience must be acquired within four years of your date of arrival.

So because she only worked legally as a live-in caregiver for a very short time, she will not have 24 months of authorized full time employment nor does she have 3900 hours of authorized full time employment. If she wants to save her attempt at getting PR, she should try to find a new live-in caregiver job, apply for a new work permit, do her 2 years or 3900 hours and then she can apply for PR.

If she would have done the above right away after leaving her first employer, she would now be very close to her goal of applying for her PR.

 

[PMM]

Hi

She could have tried Service Canada, any newcomer centre, police, CIC call centre or she could have asked for advice in any cultural centre of the Philippines because she would have met people who speak her language and would be willing to help her.

A person is allowed to stay in Canada until their work permit expires but they are not allowed to work unless it is within the limitations of their work permit. What it sounds like you are saying, she has been working odd jobs under the table to support herself. This is illegal and would get her deported if immigration finds out about it.

I do not see under what category she wants to apply for PR. If she wants to apply as a live-in caregiver, you can find the requirements along with the requirements to change jobs at http://www.cic.gc.ca/english/work/caregiver/extend-stay.asp In order to apply, she needs to have:

* 24 months of authorized full-time employment, or
* 3,900 hours of authorized full-time employment. You can complete these hours within a minimum or 22 months. When calculating your hours, you can also include up to 390 hours of overtime.
* The work experience must be acquired within four years of your date of arrival.

So because she only worked legally as a live-in caregiver for a very short time, she will not have 24 months of authorized full time employment nor does she have 3900 hours of authorized full time employment. If she wants to save her attempt at getting PR, she should try to find a new live-in caregiver job, apply for a new work permit, do her 2 years or 3900 hours and then she can apply for PR.

If she would have done the above right away after leaving her first employer, she would now be very close to her goal of applying for her PR.

1. Except the she worked without authorization a NO-NO
2. And she doesn't have sufficient time to get an LMO for a new employer and new work permit to qualify under LCP (3900 hours) in 4 years.

 

[roly]

Thanks Leon and PMM. Since she cannot be qualified to be a PR, I would be advising her to leave immediately Canada and forget her bad experienced at the hands of a Canadian employer to take care of her 3 children. Thanks again for your advised.