New rules to protect Canada’s temporary foreign workers were announced almost one year ago but Citizenship, Immigration and Multiculturalism Minister Jason Kenney has announced that they are now ready to be implemented on April 1, 2011.

“The government is taking action to protect temporary foreign workers, including live-in caregivers, from potential abuse and exploitation,” said Minister Kenney, “we owe it to them, their employers and all Canadians to ensure that the program is fair and equitable. After all, they are an essential element of Canada’s economic success.”

Temporary foreign workers, especially live-in caregivers, can find themselves in vulnerable positions when they live in an employers home. Sometimes they are expected to work overtime with no extra pay or are treated poorly but are too afraid to leave the job. These rules will ensure that the temporary foreign workers are treated properly and that they don’t end up paying thousands of dollars to come to Canada and obtain a job that doesn’t exist.

The new changes include:

A limit on the amount of time a temporary foreign worker can work in Canada before going home.

Employers who fail to meet their commitments with regards to the occupation, working conditions and wages will receive a two-year ban from hiring temporary foreign workers.

A more thorough assessment on whether the job offer from the employer is genuine.

Employers will also investigated with respect to their prior records of hiring temporary foreign workers and how they have treated them in the past.

Ahmed-Seghir Guettaoui, originally from Algeria has been waiting for Citizenship and Immigration Canada to process his permanent residence application on humanitarian and compassionate grounds – for seven years.

Guettaoui owns his own barbershop in the town of Aylmer, Quebec. One day at the end of May, Guettaoui was handcuffed by border services agents in front of several customers and later held in a detention centre for two days in Laval. Upon release, he had to find his own way home, and Laval, which is just next to Montreal, is two-and-a-half hours or almost 200 kilometers east of Aylmer, which borders Ottawa.

Guettaoui was arrested because he mixed up some dates on his work permit, but even though applied to renew his work permit, the immigration office would not renew it without his old one (despite the fact that the  immigration office itself actually had his old one and not returned it!) After his arrest he could no longer just pay a fee to renew it, but had to reapply all over again. He also can’t work until his application is approved, which could take up to 100 days.

Guettaoui has been working full-time since he finished an English course in 2001. According to the Ottawa Citizen, he considers himself hard-working and someone who enjoys working and contributing to society, and does not want to go on welfare for support. The delay in waiting for his work permit also means his carefully and painstakingly-acquired clientele may find a new barbershop to frequent, affecting his future business once his permit is in order.

Let this be a lesson:  no matter who you are or whether you have a great full-time job or own your own business, even the slightest mix-up or omission when filing immigration or work permit paperwork can have serious consequences.

Michael, Shabnam

We just wanted to express our gratitude for the outstanding job Shabnam did in getting our Canadian work permits renewed.  After the hassles we had last time we certainly appreciate getting 3 more years on our first attempt.

Regards,

Dave S and Ken L

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Our pleasure Ken and Dave. Enjoy your extended time in Canada! Michael Niren

Months after reporting on how foreign workers in Canada on work visas made the difference between their families in their home countries merely existing or flourishing,  a proposal to the government may impact the ability of  these workers to earn money and stay long-term in Canada. There are currently an estimated 300,000  foreign workers in Canada, and approximately 10,000 of them helped build the recent 2010 Vancouver Olympic Winter Games.

These workers do many of the valuable manual labour jobs that keep the Canadian economy afloat, like picking fruit and vegetables or working in factories.

In fall 2009 Citizenship, Immigration and Multiculturalism Minister Jason Kenney said that there would be changes proposed to the Temporary Foreign Worker Program. However the prorogation of Parliament has delayed any further mention of them. Now that Parliament is back in session, we can expect to hear further updates soon.

Proposed Changes for Canadian Work Permit Holders

Among the changes proposed:

•         Workers who have been in Canada for four years will not be eligible to work in Canada again for six more years.

•         Workers who want to stay in Canada for longer than four years must apply in the same manner as other immigrants looking for permanent residence

The Canadian Labour Congress has said that many migrant workers are afraid to speak out about unsafe working conditions and discrimination for fear of not being allowed to stay in Canada, and the changes will only make the fear of losing their jobs and their ability to stay in Canada worse

One such migrant worker exposed to an unsafe environment is Michael Phan, one of two men who were severely injured in a mushroom farm accident in 2008 that lead to the deaths of three others in Langley, British Columbia. Phan inhaled toxic fumes when a pipe burst, and is still in a coma in hospital with severe brain injuries. We also previously blogged about the four migrant workers in North York who fell to their deaths on New Years Eve because of a lack of proper safety measures in effect.

If these proposed changes do come to pass, many foreign workers on Canadian work permits will be put in a precarious situation affecting their own status in Canada, their Canadian employers and families aborad. During these times of economic uncertaintly, this is not the time to put up barriers to employment.

Hi Johanna

I want to congratulate Niren and Associates, especially Katherine Yang, for all their help during my Canadian work permit application process. I had had quite a difficult application process but Katherine was extremly helpful and was always willing to hear me out.  The professionalism with which my case was carried out helped me have a successful outcome and I will be arriving in Canada in one week.

Fernando

The Canadian Government has created a system for online visa applications. In late December, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced that those seeking Canadian work permits or visitor extensions can now utilize the online system.

The online application system is supposed to  eliminate some of the costly and time consuming problems that arise when relying on mail applications, including incomplete forms or errors. The online forms can only be submitted once they are complete.

The government advises that doing it this way  makes accidentally missing part of the forms or incorrectly filling them out a non-issue. However,  this is far from the case.  The online software may indeed prevent you from missing your birth date or some other information on the form. But no software will  guide you as to the content you have to enter on them. And in our experience, most visa application refusals are due to content errors.

While as Kenny says “extending our online services to more temporary residents will significantly facilitate the application process by providing faster, more accessible and efficient services,” you should beware of the pitfalls of such online convenience. Once you submit your application online, you are committed to what you state in your application. Therefore it is always advisable to consult with a qualified immigration lawyer before sending in any immigration or visa applications online or by mail. Online applications may guarantee a paperless process but certainly not an approval.

Previously, only international students were able to apply online. In the future, CIC intends to make it possible for all types of applications to be made online. The service is available to all temporary residents, with the exception of applicants who want to work in Canada through co-op work permits.

Call Niren and Associates Immigration Lawyers at 1-866-929-0991 or info@visaplace.com for any questions on Canadian or US Visas.