RHYME & REASON

Filipiniana News – December 2011 RHYME & REASON     During the first week of December 2011, I received a number of inquiries from caregiver clients and advocates about the so-called “massive issuance of open work permits” to those with pending applications for permanent residence and open work permit under the Live-in Caregiver Class.  Initially, I thought that this might be another one of the many rumors that are being spread around without any factual basis.  To verify, I went to the Citizenship and Immigration Canada (CIC) website, checked the news section, but nothing of the sort had been announced.  I also checked the published average processing times and it remained “17-18 months” for LCP initial assessments and “17 months” for final decisions.   So I wondered, where was this news coming from? The following week however, I saw for myself a number of open work permits received in the mail for caregiver clients, including those who...

Filipiniana News – November 2011 RHYME & REASON     On 4 November 2011, CIC announced a two-year freeze in the acceptance of parent and grandparent sponsorship applications effective immediately (5 November 2011).  To help soften the blow, CIC has introduced the so-called “super visas” meant to allow parents and grandparents to enter Canada as visitors for up to two years at a time, without need to file extension applications every six months. The freeze or moratorium of up to two years on parent and grandparent sponsorship applications is meant to allow CIC to process the increasing backlogs and reduce the processing times which now averages at about seven years. With plans of increasing the annual quota of sponsored parents and grandparents admitted to Canada (from the present 15,500 to 25,000 in 2012), CIC hopes to steadily reduce the backlog while conducting consultations on how to “redesign the parents and grandparents sponsorship program to ensure th...

Filipiniana News – October 2011 RHYME & REASON     On 24 September 2011, the First Ontario Alliance of Caregivers Canada (FOACC) held the first general conference of caregivers in Ontario.  Aside from the substantial number of individual participants and caregiver organizations represented, what was even more impressive  was the fact that it was initiated, planned and executed by caregivers themselves.  Considering the organizers’ limited resources, the full day event was a commendable, worthy, productive and timely endeavour.  Congratulations to Terry Olayta, Jocy Tomas, all the organizers and participants of this conference! For the caregivers who participated at the conference, one thing is crystal-clear:  serious problems remain within the Live-in Caregiver Program (LCP).  Their group and plenary discussions confirmed that the age-old problems relating to employer and agency abuse (such as long hours of work with no overtime pa...

Filipiniana News – September 2011 RHYME & REASON   If you are a live-in caregiver awaiting decision on your inland permanent residence and/or open work permit applications under the Live-in Caregiver Program (LCP), then you are most likely well aware of the current lengthy processing delays.   While it used to take only a few months (and for a long time, six months, until it suddenly jumped to 11 months or so), it is now taking CIC some 16 to 17 months (and even longer for some!) to render the initial approval in principle and accompanying open work permit to caregivers who have completed the 24-month or 3900-hour live-in caregiving requirement within four years of their arrival in Canada.   For those who have received their open work permits, the waiting period before the final decision is received can likewise drag on for years on end, especially if the caregiver has dependent family members included in the application.  CIC attributes...

Filipiniana News – August 2011 RHYME & REASON In Canadian immigration law, misrepresentation is defined as “directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the act.”  The words “directly or indirectly” imply that the act of misrepresentation may have been committed by the applicant/permanent resident or by other people.  Direct misrepresentation is quite self-explanatory (although it may also be subject to legal interpretation).  However, it is the “indirect” type of misrepresentation which remains largely misunderstood, catches many people unaware and can lead to the unduly harsh application of Canada’s immigration laws.  Indirect misrepresentation could mean that the unscrupulous act of representatives such as placement agents may prejudice an applicant regardless of the latter’s lack of knowledge of the misrepresentation committed....

Filipiniana News   -  July 2011 Rhyme and Reason     In the past few weeks, there were news reports to the effect that the Canada Border Services Agency (CBSA) is allegedly intensifying efforts to weed out so-called “illegals” in an attempt to remove them from Canada as quickly as possible.  Misunderstandings and misconceptions about the removal process have raised fears among many temporary residents in Canada, whether they still have valid status in Canada or not.  Some of those who are here as visitors, workers or students whose initial permits have expired but whose extension applications are still pending, fear that they may just be picked by the authorities and detained since they could not show any proof of legal status. Such fears are misplaced if the temporary resident has submitted an application to renew their temporary resident status before the expiry of their current status in Canada and a decision on the application is not yet ...

Filipiniana News – June 2011 RHYME & REASON (Please note that this and all other articles written in this column are for legal information purposes only and not intended to provide specific legal advice.  If you have related concerns, it is strongly advised that you consult with a lawyer or a paralegal licensed by the Law Society of Upper Canada or other relevant provincial law society, to discuss your particular situation.) Canada’s immigration laws underwent a major overhaul when the Immigration and Refugee Protection Act (IRPA) was enacted in June 2002.  Nearly ten years hence, several misconceptions still abound regarding the requirements and guidelines for maintaining one’s permanent resident status.    When permanent resident (PR) cards were created, many thought that as long as they possess valid PR cards, their status as permanent residents will be safe.  This is not necessarily true.  Conversely, the lack of a valid PR card...

Filipiniana News – May 2011 RHYME & REASON     In September last year, I wrote about the recent changes to the Temporary Foreign Worker (TFW) regulations as they affect live-in caregivers.  One of the most controversial provisions was that limiting the duration of work for temporary foreign workers to a total period of four years.  After seeking clarification with Citizenship and Immigration Canada (CIC), policy officials assured that the four-year limit is not meant to apply to  Live-in Caregiver Program (LCP) participants and that operational guidelines confirming this will be released prior to the effectivity of the new regulations.   On 1 April 2011, or on the day that the new TFW guidelines took effect, CIC released Operational Bulletin (OB) 275-C which is meant to serve as a guide for CIC and CBSA staff on the implementation of recent regulatory changes to the TFW program. OB 275-C states that since the new TFW regulations to...

Filipiniana News - Rhyme or Reason April 2011     According to many surveys, the vast majority of Canadian citizens do not plan to vote this coming federal elections.  If you are reading this article before May 2, 2011, I hope that this article will convince you not to waste your right to vote for the reasons explained below.   A Citizen’s Right and Privilege One of the most important distinctions between permanent residents and citizens is the latter’s right to vote.   It is as much a right as it is a privilege.  More than that, it is also a civic duty and should therefore not be taken for granted.  For many of us who are naturalized citizens, it is a concrete and wonderful opportunity to participate in the decision-making process of the country which we have chosen to call our own.  Environmental Degradation Recent natural disasters worldwide remind us of our extreme vulnerability vis-à-vis our natural habitat....

Filipiniana News   -  March 2011 Rhyme and Reason For many if not all of us, there would come a point in our lives when we, or a family member, will require the services of a lawyer, paralegal or legal consultant (referred here as a “legal advocate”).   Justifiably or not, many are apprehensive about working with legal advocates. This article is meant to provide some guidance towards eliminating such apprehensions.  As in most everything else, achieving a good and satisfying relationship with a legal advocate involves a two-way process.   If you are thinking of consulting with or retaining a legal advocate’s services, here are a few tips that could hopefully make the experience a positive one.  First of all, your choice of a legal advocate should not be driven solely by financial considerations.  That is, do not choose a legal advocate only because he or she charges the lowest fees.  Conversely, the fact that a legal advoc...

Filipiniana News – February 2011 RHYME & REASON In this so-called month of love, it may be appropriate to review some basic issues and a recent change in Canada’s immigration laws and regulations relating to spousal sponsorship applications.   Types of Relationship Eligible Under a Spousal Sponsorship Application   There are three different types of partnerships that could qualify under the spousal sponsorship class:  spouses, common-law partners and conjugal partners. Spouses are couples who are validly married in the jurisdiction where the marriage was celebrated.   To prove the genuineness of the marriage, the sponsor and applicant must provide documentary evidence such as wedding photos, invitations, reference letters, love letters to each other, etc..   The Canadian or permanent resident can sponsor the spouse even a day after getting married so long as the genuineness of the marriage is adequately proved. Common-law partne...

Filipiniana News – January 2011 RHYME & REASON     This being the start not only of a new year but of a new decade, please allow me to wax philosophical and list some of my fondest hopes for all: Fairness and Justice Most of us are aware that laws are greatly influenced by politics.  That is, laws enacted by lawmakers (who also happen to be politicians) do not necessarily promote or lead to fairness and justice for all but often only for a favored few.   The manner by which laws are sometimes executed by enforcement officers and interpreted by judges may also leave much to be desired.   They are still human beings after all.  As human beings, we all have vested interests, whether we would like to admit it or not.   These interests inevitably creep into anything that we do, think or say, whether intentionally or not.   However, as human beings, we are also gifted with the ability to discern and to make choice...