Q. I am a live in caregiver and enjoy reading your article. My
problem is that I love this country and I am glad to have this opportunity
to better my life. However, my employer expects too much of me and often
thinks that overtime is all part and parcel of my job. I work nearly 60
hours per work and at the end of the week I am completely exhausted. I do
not want to complain because I'm afraid that he will fire me. Will I have to
return to the Philippines if that happens?
A. If you are the holder of valid employment authorization then you do
not have to return home if you leave your employer. If that happens, you
must find new employment and apply to Canada Immigration for a new work
permit. Regarding your work schedule, I suggest that you speak to your
employer and make him aware that you are aware of your rights. You should
also call the Ministry of Labour to get specifics on vacation pay and wages
worked for overtime. As far as I know, you deserve to be paid for overtime
for any hours worked over 44 hours per week.
You should also be aware that your complaints are not uncommon and
unfortunately many caregivers are subjected to the same work load and abuse.
Many are also afraid to complain. Hopefully, by being armed with some
information and knowledge of your rights your employer will respect your job
and ease your work schedule. Good luck.
Q. Do you know if there is any update on the law that allows Canadian
Citizens to sponsor any one relative regardless of the relation?
A. As was mentioned several months ago, the Minister of Immigration first
thought of introducing a law that permitted a "one time " chance for
Canadian Citizens to sponsor any one relative abroad. Her announcement
sparked alot of interest and excitement because it meant that brothers and
sisters could be sponsored. Unfortunately, the proposed change in the law
was cancelled and there has been no news on reviving it. It was mentioned in the NDP party's election campaign but no news yet from the Liberals.
Q. I am a visitor in Canada and I recently received a notice from the
local Canada Immigration Centre that my visitor visa extension request was
denied. They told me to leave immediately. What does immediately mean? I
need to buy a ticket and settle some affairs here. What will happen if I do
not leave soon?
A. It appears that the Canada Immigration Centre has determined that
your purpose for entry into Canada as a visitor has been satisfied. In my
experience, the letter you received is a form letter which may or may not be
relevant to your situation. It no doubt quotes that you are no longer a bona
fide visitor and that you must leave Canada immediately by giving the
included blue voluntary departure notice to the Immigration Authorities upon
your departure.
Although there is no specific date mentioned and there is no specific time
frame defined under the word "immediately " my experience with speaking to
immigration officers is that you should leave Canada within 30 days. If you
do not, enforcement action may be commenced against you which can include a
warrant for your arrest.
Attorney Henry Moyal is a certified and licensed Immigration Lawyer in Toronto,
Ontario. The above article is general advice only and
not intended to act as a legal document. Send questions
in confidence to Balita or to Attorney Moyal by fax,
mail or email canada@moyal.com
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