Thursday May 17 2012

Canada advised to reconsider the laws for live-in caregivers.

The only thing that Juana Tejada wanted was to be allowed to stay in Canada till she dies. The 39-year old caregiver was finally granted permanent residency and her lawyers are now asking the Canadian government to make improvements to laws for live-in caregivers who are willing to settle permanently in Canada.

Immigration lawyer Rafael Fabregas stated through an email that they are urging the government of Canada to modify the Immigration and Refugee Protection Act so that there is no requirement for live-in caregivers to clear a second medical exam before finally getting permanent residence.

David Tilson, MP and chair of the Standing Committee on Citizenship, Febregas and colleague lawyer Guidy Mamann wrote to Jason Kenney in their joint letter asking the minister to remove the necessity for live-in caregivers to pass a second medical exam to gain permanent residency.

They stated that foreign caregivers are required to clear a tough medical examination even before being provided a visa to work in Canada. So, they believe that these caregivers should not be required to clear another exam even after working for several years in Canada. Pointing towards the case of Juana, they said that this requirement can have an unfair and merciless outcome.

Tejada was initially attracted towards Canada in 2003 through the Live-In Caregiver Program (LCP) that not only grants permanent residency to workers, but also provides them with an opportunity to request for their whole family after successful completion of their three-year assignment along with all the necessary medical and criminal clearances.

But she was told by CIC to leave Canada in 2006 after doctors got aware of her illness during a routine check-up. The decision was made because it was estimated that the treatment of her advanced cancer would result in unnecessary demand on the medical services of Canada.

Following this, Juana appealed to ignore the requirement of good-health on humanitarian ground. But her request was denied two times in a row.

Tejada was finally granted permanent residence by the CIC after a public campaign.

The letter to minister Kenney read that currently many Canadians are heavily relied on live-in caregivers and they will continue to rely on services of these workers to care for their loved ones. It stated that due to their wonderful services, even these caregivers should be able to rely on Canadians for help in time of need.

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