Borderline Human Trafficking Help

[RogerSmith123]

Hello everyone on the forum,

Thanks in advance for any help,

I recently met a woman from the Philippines who came to Canada 3 years ago attempting to get her permanent residence. She has never had a holiday or a day off (one miracle day she was let out, and met me, a Canadian citizen) and is barely paid for her work as a live-in nanny. Her T4 was withheld by her sponsor for a long time (who admittedly wants her to be deported) but was just submitted. Am I to understand this is just the beginning of her PR process? Her second work permit expires in 6 months, they told her it was her last one. Does this mean there is NO way to get a third work permit? She was told she'll be deported unless she pays for an expensive schooling credit taught by her sponsor.

Other forums have pointed me to phone Crimestoppers for Human Trafficking. I don't want to risk ruining a possible PR process.

Somebody please give me information regarding:

- Requirements for work permits for live-in caregivers.

- Requirements for a successful PR process, and potential wait times.

- Any information regarding a TRP for human trafficking



This is an incredibly serious matter. It potentially involves people inside Immigration Canada running a cheap labor ring. ANY help, contacts, phone numbers, etc. is GREATLY appreciated.

Thank you

 

[BCguy]

What Province is she in so that I can refer her to the None Profits that support caregivers??

 

[RogerSmith123]

Thank you for the reply. This is in Toronto, Ontario.

Thanks so much...

- She has sent her PR application in, in person. But her current sponsor (where her mailing address is) has already opened mail of hers. How can she check if they've mailed her something, and also how can she change her mailing address?

- Does leaving her sponsors house now, after application, jeopardize the process?


Thank you so very much


Roger

 

[job_seeker]

Hello everyone on the forum,

Thanks in advance for any help,

I recently met a woman from the Philippines who came to Canada 3 years ago attempting to get her permanent residence. She has never had a holiday or a day off (one miracle day she was let out, and met me, a Canadian citizen) and is barely paid for her work as a live-in nanny. Her T4 was withheld by her sponsor for a long time (who admittedly wants her to be deported) but was just submitted. Am I to understand this is just the beginning of her PR process? Her second work permit expires in 6 months, they told her it was her last one. Does this mean there is NO way to get a third work permit? She was told she'll be deported unless she pays for an expensive schooling credit taught by her sponsor.

Other forums have pointed me to phone Crimestoppers for Human Trafficking. I don't want to risk ruining a possible PR process.

Somebody please give me information regarding:

- Requirements for work permits for live-in caregivers. She needs a contract and labour market opinion from a new employer. she can start looking for a new employer now while she still has a valid work permit. it takes at least 14 days for the new employer to advertise at the job bank and if no canadian citizen or pr applied for the position can apply for a LMO in he favour.
- Requirements for a successful PR process, and potential wait times. http://www.cic.gc.ca/english/pdf/kits/forms/imm5282e.pdf checklist for requirements for permanent residency for live in caregiver. she should have completed at least 24 months or 3900 hours in 22 months before she can qualify under the LCP PR.

- Any information regarding a TRP for human trafficking


This is an incredibly serious matter. It potentially involves people inside Immigration Canada running a cheap labor ring. ANY help, contacts, phone numbers, etc. is GREATLY appreciated.

Thank you

 

[job_seeker]

When did she submit/send her PR application? It takes about 11 months for first stage approval. According to CIC website, they are processing applications received March 1, 2010.

http://www.cic.gc.ca/english/information/faq/work/caregiver-faq03.asp

Live-In Caregiver Program

What is abuse?

Abuse can take many forms. Some forms of abuse are considered criminal acts punishable under the law in Canada. These can include:

physical violence, such as physical or sexual assault, or
any intentional physical contact that causes injury.
Each of these forms of abuse is considered a human rights abuse:

verbal assault
verbal mocking
Verbal threats or false accusations by your employer which are meant to scare or intimidate you
Threats to deport you if you do not comply with your employer's demands are unacceptable forms of behaviour. Your employer does not have the authority to deport you.
harassment
behaviour towards you that is degrading or humiliating

http://www.cic.gc.ca/english/information/faq/work/caregiver-faq04.asp

Live-In Caregiver Program

What can I do if I feel I've been a victim of abuse?

Do not confront your abuser. Inform the police, or provincial or territorial authorities, and let them investigate. A caregiver support network or a domestic worker advocacy group can also give you counseling and support. To find help, see the List of caregiver support networks.

If you feel that you've been a victim of abuse in your workplace, you may be eligible for emergency processing of a new live-in caregiver work permit to help you transition to a new employer as quickly as possible. Contact the CIC Call Centre to confirm the eligibility and application requirements for emergency processing of live-in caregiver work permits.

http://www.cic.gc.ca/english/work/caregiver/associations.asp#toronto

Toronto Organization for Domestic Workers' Rights (Intercede)
845 Wilson Ave, Suite 202
Toronto, Ontario M3K 1E6
Telephone: (416) 483-4554
Fax: (416) 483-9781
Website: www.intercedetoronto.org
E-mail: info @ intercedetoronto.org


There was another poster who actually called Service Canada and asked what to do. She was able to leave the house and has since found a better family.

Thank you for the reply. This is in Toronto, Ontario.

Thanks so much...

- She has sent her PR application in, in person. But her current sponsor (where her mailing address is) has already opened mail of hers. How can she check if they've mailed her something, and also how can she change her mailing address?

- Does leaving her sponsors house now, after application, jeopardize the process?


Thank you so very much


Roger

 

[RogerSmith123]

You are so helpful... Thank you



Her employer withheld her T4 for 8 months, she just put in her PR application this month. She was told she needed to pay for an expensive school course or she would be deported, which her sponsor teaches.

So she needs another work permit? Her current one expires in June, they said it was her final one.


Any advice??


Thank you

 

[RogerSmith123]

BTW the information for:

Toronto Organization for Domestic Workers’ Rights was out of date, the number is out of service..

 

[BCguy]

Only have BC,AB and MB organizations on file,I will research

 

[BCguy]

OK,you can contact the Philippine reporter the Filipino Community newspaper in Toronto and they can refer you to caregiver advocates in Toronto Good Luck

 

[job_seeker]

It takes 11 months sometimes less for the first stage approval (from the time she sent her PR/OWP app), so if she wants to be able to work while waiting for her OWP then she must look for another employer and obtain a new LMO and subsequently a new WP. Her current WP would be the final one if and when she receives her OWP on or before June or she waits for the OWP after June without getting another LCP employment.

http://www.canadavisa.com/canada-immigration-discussion-board/livein-caregiver-pr-inprocess-t40085.15.html (this is an old post from a member who I think is in Toronto) (quickquestion's post)

I just read a post about an employer trying to take advantage of a foreign worker. If you are a live in caregiver, please know that you have employment rights that your employer is required by law to follow. If they do not, then you need to let them know your rights. If they continue to violate your rights, look for employment elsewhere and report them so they don't do it to the next person. You do not owe them anything and they would be required to pay you for all your time worked. They cannot steal or damage your belongings by law just because you refuse. Please don't think you don't have any options.

There is a Filipino version document of the below summary on this website here:

labour.gov.on.ca/english/es/pubs/is_fn_epfn.php

Please take care of yourself and don't let your employer abuse you for the sake of your end goal. I understand the Filipino culture prefers to be in non-confrontational situations, but please learn to respect yourself and stand up for your rights in a diplomatic manner. You don't need to be rude or emotional about your right to normal working conditions. Just let them know your concerns about overworking yourself beyond the legal limit since this ultimately impacts the care their children receive! Why would they want to overwork the caretakers of their children anyway. This is Canada and so if you want to integrate, be more assertive. As long as you follow the visa process, you will still have an opportunity to apply for PR status. Even if that means you need to leave an abusive employer!

The Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009 (EPFNA) applies to foreign nationals working as live-in caregivers or seeking work as live-in caregivers in Ontario. For example, if you are working or looking for work under the federal Live-In Caregiver Program, the Act would apply to you.

This information sheet gives a summary of your rights under the EPFNA. As a live-in caregiver employed in Ontario, you also have rights under the Employment Standards Act, 2000 (ESA) to standards such as the minimum wage and limits on hours of work. You have the right to receive an information sheet about your ESA rights, titled Your Employment Standards Rights: Foreign Live-in Caregivers, along with this information sheet.

A recruiter cannot charge you any fee
A recruiter is anyone who finds or tries to find you employment, helps another person in finding you employment, or refers you to someone to help you find employment in Ontario. The recruiter cannot charge you any fees. For example, he or she cannot charge you a fee for your Labour Market Opinion (LMO), work permit, or anything else required for you to begin work in Canada. Additionally, you cannot be charged a fee for extra services such as orientation, resume writing, interview preparation, or First Aid training sessions. The recruiter cannot charge you a fee for these services even if they are optional. In addition, no person working on behalf of a recruiter can collect a fee from you.

Your employer cannot charge you for hiring costs
If your employer paid fees or incurred other costs to hire you, he or she cannot recover these hiring costs from you. This means that your employer cannot charge these costs to you and cannot deduct them from your wages. This includes costs for all the same work-related charges and fees that your recruiter is prohibited from charging you such as for your LMO or work permit.

Your recruiter or employer cannot take your property
Your recruiter, your employer, or a person acting on behalf of either, is prohibited from taking or retaining your property for any reason. This includes documents such as your passport or work permit.

You cannot agree to give up your rights
You cannot agree or sign a contract to give up any of your rights under the EPFNA with your recruiter, your employer, or someone acting for your recruiter or employer. Any such agreement is invalid.

Your recruiter or employer cannot punish you for asking about or asserting your rights
Your recruiter, your employer, and any person acting on behalf of either, is prohibited from intimidating or punishing you for asking about or asserting your rights under the EPFNA or the ESA. You cannot be fired for asserting your rights. You cannot be intimidated or punished for speaking to a Ministry of Labour employment standards officer, filing a complaint with the Ministry, or participating in a hearing.

If your recruiter or employer does intimidate or punish you for asking about or asserting your rights, he or she can be ordered to compensate you for any loss.

If you have a question or want to make a claim
If you have any questions about this information, or believe you have not received your rights and want to make a claim to the Ministry of Labour, please contact the Employment Standards Information Centre at (416) 326-7160 (toll-free at 1-800-531-5551) or, for the hearing impaired, at TTY 1-866-567-8893. You may also visit labour.gov.on.ca for more information or to download a claim form. You can also get an EPFNA claim form at a ServiceOntario Centre. To locate the Centre nearest you, please call 1-800-267-8097.

You have three and a half years to file a claim for your rights under the EPFNA. There is no limit on how much money can be recovered if an order is issued under the EPFNA.

Please note that different time limits apply to claims filed under the ESA and the EPFNA. Also, separate forms are used to file claims under the ESA and the EPFNA

Try sending a PM to quickquestion or call directly the numbers he posted. (Sorry I didn't know that the FAQ numbers are outdated)

You are so helpful... Thank you



Her employer withheld her T4 for 8 months, she just put in her PR application this month. She was told she needed to pay for an expensive school course or she would be deported, which her sponsor teaches.

So she needs another work permit? Her current one expires in June, they said it was her final one.


Any advice??


Thank you

 

[job_seeker]

TO the OP:

BTW, I personally know of a live in caregiver who was released by her employer before she received her OWP and she went on EI till she got her OWP (but she's in BC) . The important thing is the caregiver has a place to live in (friends/relatives/support group in that area) while she is waiting for the result of her application. Who helped her put together the application? Hopefully all the requirements are complete and the fees paid, the receipts attached. This I am not 100% sure of but she can change her mailing address by calling CIC and letting them know of a change in address (should she decide to leave her employer). Good she found a friend in you.

 

[RN]

Wow, interesting. You are right, INTERCEDE use to take care of cases like this in Ontario but it does not exist anymore, They lost their funding in 2009 and closed after several years of operation.

Contacting the Philippine Reporter is a good idea. Also, you can contact the National Alliance of Philippine Women of Canada, the toronto branch. They do a lot of live in caregiver advocacy work.