Access to Justice for Migrant Workers in BC - West Coast Domestic ...

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Case Study 3 Back in the Philippines Luke worked as a registered nurse. His monthly salary of $200 was not enough to support himself, his wife and his two children, so he decided to apply to come to Canada. For two years Luke worked for a fast food chain as a food counter attendant for minimum wage and under difficult conditions. He worked ten hour days, six days a week and did not receive overtime pay. His employer provided accommodation but charged him $300 a month in rent. When the provincial minimum wage increased, Luke’s employer raised his rent to $500 a month so Luke affectively did not earn any more. At one point, there were seven workers living in a one bedroom apartment sleeping in bunk beds and sharing a small bathroom and kitchen. Luke’s work permit was issued for a specific location but when his employer asked him to work at other locations he agreed because he did not think he could say no and even though he knew that the change in location was not authorized. Some of his coworkers filed complaints but he did not because his employer had agreed to help him apply for permanent residence under the BC Provincial Nominee Program. Luke was never told about the income cut-off and was devastated when his nomination was denied because his income did not meet the required threshold. Luke decided to apply for the Live-in Caregiver Program. It took Luke three months to find a new employer and apply for a new work permit. He did not apply for Employment Insurance during that time because he thought that it would have a negative impact on his future permanent residence application. Fortunately, he had some savings and was able to live with his brother during that time. “ Sometimes I feel like I want to go home, but I have to be optimistic”, says Luke. “I wouldn’t be here if it weren’t for my children and I can’t give up now. Being separated from my family has been the hardest part of working under the TFWP. My wife and I were happy together before I left. We are now separated and she has a new life with someone else. My children live with their grandmother and I send more than half of my salary to support them. It’s a really long process and I have missed so many things over the years. It’s a big sacrifice. My children are now five and six years old. My daughter was six months old when I left and I’m lucky that we have SKYPE, otherwise she wouldn’t know that I’m her dad”. Interviews with other workers in NOC C and D occupations of the TFWP confirm that family separation is often perceived as the most difficult aspect of the migrant worker experience. Many live-in caregivers complain that by the time their children and spouses are granted permanent residence and arrive in Canada, they are virtually strangers and the 35
econstituted family struggles to adapt. Many caregivers experience family breakdown because of long periods of separation. One farm worker that the team interviewed mentioned that he hated being away from his young child and wife and therefore preferred shorter SAWP contracts but the system prevented him from selecting employers. The Promise of Permanent Residence - Challenges faced by Live-in Caregivers A live-in caregiver’s ability to apply for permanent resident status is contingent on the successful completion of two years of authorized work within the four years immediately following entry into Canada (or 3,900 hours of work within 22 a minimum of 22 months). 86 Most caregivers enter the LCP in order to gain permanent residence for themselves and their immediate family members. Many caregivers recount to WCDWA how they work for years in foreign countries in order to save enough money to pay broker fees to enter the program and many continue to owe brokerage fees upon arrival in Canada. The promise of permanent residence and the urgency to complete the requirements of the program increases the caregiver’s dependence on the employment relationship. Many caregivers tell WCDWA that they are willing to endure bad employment situations so as to complete program requirements more quickly. Many state that unemployment, financial insecurity and the challenges of finding a suitable employer are risks that they cannot afford as the potential cost of the application for permanent residence. Long processing times for new work permits for prospective employers also increase anxieties about leaving bad employment situations. Some caregivers informed the research team that they agree to take on the risk of performing illegal work in order to overcome the financial insecurity of being without work. During the long processing times, many caregivers have difficulty maintaining health insurance coverage and, if terminated from their previous jobs, many also face challenges applying for employment insurance. The Promise of Permanent Residence – Challenges faced by ‘lower-skilled’ workers eligible for BC PNP In Part One, we reviewed the BC PNP program, noting that it provides only limited opportunities for migrant workers in the NOC C and D categories. Similar to the LCP, applicants in the strategic occupations stream of the BC PNP have to complete a work requirement term, 9 months, before becoming eligible to apply for a nomination. The permanent residence application is characterized as a ‘joint application’ between employer and employee. This means that the employee has to have an open-ended job offer from the employer throughout the immigration process which can take an average of 2 years to complete. Like the LCP, the research team heard many stories of workers enduring 86 IRPR s.113. 36
Page 3 and 4: Access to Justice for Migrant Worke
Page 5 and 6: Contents Acknowledgements .........
Page 7 and 8: Acronyms AWA BC BCGEU BC ESA ESB CB
Page 9 and 10: Data Collection The researchers col
Page 11 and 12: PART ONE The Global Shift Toward Te
Page 13 and 14: This was the first of a series of p
Page 15 and 16: accommodation arrangements, hours o
Page 17 and 18: Other Migrant Worker Schemes In add
Page 19 and 20: which is dependent upon work locati
Page 21 and 22: PART TWO Literature Review and Anal
Page 23 and 24: In addition to decreasing standards
Page 25 and 26: temporary migrant workers are subje
Page 27 and 28: PART THREE Abuse and Denial of Righ
Page 29 and 30: Illegal Recruitment Fees and Other
Page 31 and 32: country have forced them to return
Page 33 and 34: employers argued that the rise in m
Page 35 and 36: permanent residence. One caregiver
Page 37: with their immigration status and w
Page 41 and 42: Income assessment creates several b
Page 43 and 44: system of both employers and recrui
Page 45 and 46: employment standards. Migrant worke

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