NEWS AND VIEWS: Canadian care-giver program among the best for immigrants (09/05/99)

NEWS AND VIEWS

Canadian care-giver program among the best for immigrants

by Andriy Semotiuk

Of all the programs the Canadian government has to offer immigrants, the best has to be the care-giver program under which an individual who is prepared to look after children, or the elderly, can come to Canada and eventually qualify to stay permanently. The beauty of the program rests in the fact that, unlike the others that require wealth, unique skills or family connections, this program helps ordinary people immigrate to Canada.

For as long as I can remember, the program has been the bane of the existence of the Immigration Department yet, thankfully, its supporters in Canada have had the strength to keep it alive. The requirements of the program are quite straightforward, and the process under which the applicants have been allowed into Canada is interesting. The program is of particular importance to Ukrainian Canadians, since it offers a way for them to find Ukrainian care-givers for their children and the elderly, sometimes even involving relatives from Ukraine. The United States has a similar program, but it falls short of the mark when compared to the Canadian one.

To qualify under the program the would-be care-giver must meet four requirements.

First, the care-giver must have completed high school. The program requires the equivalent of Canadian high school completion.
Second, the applicant must be willing to live in the home of the sponsoring family. This implies that the house has suitable accommodation for the arriving person.
Third, the immigrant must have either six months of full-time training or one year of experience in paid employment in a field related to care-giving. Thus, for example, a teacher would qualify for a nanny position with a Canadian family.
Finally, the care-giver must be able to speak, write and understand either English or French.

In some ways these are onerous requirements. For example, a nanny who is going to care for the children of somebody who speaks German in the home will not qualify if her English is not good, even though she may speak perfect German, and even though she may have a Ph.D. in education and meet all the other qualifications. Similarly, does somebody who may not intend to settle in Canada permanently really need to have a high school education to look after the elderly? Some changes to the program would make it even better, but there can be no denying the fact that the program, even as it is, helps a great many people who are in need in Canada.

One of the main reasons for the program's survival has been the fact that most Canadian care-givers are not prepared to move in with the family of the individuals who need care. While there may be unemployed nurses and other medical personnel looking for work in Canada who, in theory, could fill these needs, the fact of the matter is that such unemployed individuals do not like the concept of being available at odd hours of the day and night by living in the relevant home. And this is just what is needed to keep the door open to the foreign care-givers.

Sometimes these foreign care-givers are family members who are welcomed into the new home with glee, since this not only helps the Canadian family, but also makes it possible for these families to help their kin move here. This, of course, raises eyebrows and elicits snarls from Canadian visa officers who see it as an attempt to circumvent normal immigration procedures. But it is tolerated.

The process for sponsorship of a foreign care-giver begins within Canada when the relevant family applies to Human Resources Canada. They are given a booklet that explains the program and invited to enter into a written contract with the immigrant in which the duties, money and living arrangements are spelled out. Basically, the foreigner is paid about $1,200 per month from the host family and can be required to pay about $300 per month for room and board. Working conditions must satisfy local labor laws. The signed contract and an application are submitted to Human Resources Canada, which usually takes about three weeks to approve the matter.

When the application is submitted, the people at Human Resources must be told where to send the approval letter. Sometimes the applicant for the job is visiting Canada when the application is filed. In this case Canadian immigration law requires the applicant to leave the country and apply from a foreign Canadian consulate. For example, the Los Angeles Consulate can be designated as the Consulate where the applicant wants to be interviewed to obtain his/her visa. Human Resources Canada will then send its approval letter to that consulate and that is where the applicant must travel to take the next step.

If the applicant is within Canada when the initial steps are taken, the applicant must contact a U.S. Consulate in Canada to get a visa to travel to the United States for the interview at the Canadian Consulate. Just to be clear here, we are now talking about two different visas and two different Consulates: the Canadian visitor's visa and the American visitor's visa.

The Canadian visa is what the applicant got when he or she first entered Canada; the American visa is what the applicant now wants from the American Consulate in Canada in order to attend the interview scheduled at the Canadian Consulate in the United States.

Thus, for example, in Alberta, the applicant who has been approved by Human Resources Canada and been notified the approval letter has been sent to the Canadian Consulate in Los Angeles, will then turn to the U.S. Consulate in Calgary to get a visa to travel to the United States. Assuming that the applicant has renewed his or her visitor's visa in Canada after a six-month stay, and has therefore been required to pass a medical exam, the applicant can apply from the United States to be approved for care-giver status in Canada. Passing a medical exam is one of the prerequisites.

Since applications for care-givers often arise when a visitor to Canada is asked by a Canadian family to become a care-giver here, it is worth taking a moment to discuss what that proposed care-giver will need to obtain an American visa to travel there for an interview at a Canadian Consulate in the United States. To arrange an American visa, the applicant should come to the U.S. Consulate with his or her passport, Canadian visitor's visa, a letter from the sponsoring family evidencing financial support for the trip to the U.S., a return air ticket and a copy of the letter from Human Resources Canada indicating the matter has been transferred to the Canadian Consulate for an interview in the United States.

The U.S. Consulate wants reassurance that if the care-giver is allowed to travel into the U.S. he or she will leave the U.S. after the interview. For visitors to Canada who have a current unexpired Canadian visitor's visa, a trip to the United States is possible even though the Canadian visa does not allow for multiple entries. So long as the Canadian visa is current when the applicant returns to Canada, Canadian border officials will allow the applicant to re-enter Canada - but only once. This is important to applicants who may be denied care-giver's status since they can still return to Canada despite the refusal. Once the immigrant has obtained the visitor's visa from the American Consulate, he or she is ready to travel for the interview at the relevant Canadian Consulate in the United States.

Having a visa to enter the United States as a visitor in order to attend an interview at a Canadian Consulate is not a guarantee of entry into the United States. When flying to the United States care-givers are often re-examined by U.S. immigration officials on the reasons for their trip and the documents they produce. These officials have the final say and, believe it or not, can refuse entry even to someone with a visa from the U.S. Consulate. Therefore, it is helpful for family members to remain at airport gates until they can be certain the care-giver has passed through U.S. immigration and to help out with respect to translations or arguments on why the person should be let through if problems do arise. The occasional border crisis can be averted through a timely intervention with U.S. Immigration at a Canadian airport by helpful family members at the scene who argue the merits and purpose of the proposed U.S. visit.

Once the care-giver arrives in the United States he or she can proceed directly to the relevant Canadian Consulate. My experience has been it is best to show up early and to expect to be there all day. The care-giver should produce a copy of the Human Resources Canada letter, a passport and $50 (Canadian) processing fee. He or she will also need to produce original and English translations of all diplomas and other pertinent documents, which should include letters from the home country attesting to the applicant's experience or training and good moral character. These documents will be required during the interview itself. The same goes for interviews in the applicant's home country where the application is made from overseas.

The applicant's papers are collected by the receptionist, and the applicant is told to sit and wait for the interview. Usually, about an hour or so later, the applicant is given another form to fill out at the Consulate. This form inquires into the applicant's work and educational history. Care should be taken in completing this application since it must correspond to the assertions being made about previous relevant education or work experience related to care-giving. In particular, dates should correspond to the dates that are on diplomas or other documents submitted to prove the applicant fits the required criteria. Conflicts between this form and other documents related to education or work experience feed the suspicions of visa officers who are looking for reasons to deny applications.

The interview is usually next and is usually conducted in the absence of counsel. Applicants outside Canada do not have the right to have their lawyer present. The questions asked usually start off with the who, what, where, why and how of the situation and cover the four grounds for legal admission to Canada. Invariably I have found that the visa officers cannot locate the medical clearance that was obtained by the applicant when they renewed their visitor's visa after six months in Canada, although in every case eventually it is found it. Because this can cause a delay, it is helpful to bring a copy of the medical report from the doctor who performed the exam to prove the medical exam was completed.

Assuming all goes well, it is possible to get approval from a Canadian Consulate in the United States for the care-giver in one day. As for applications overseas, the medicals usually hold things up since they take some time to be approved and are not something already completed before the interview, as they are in the U.S. case.

Assuming all goes well, the applicant is given a letter of approval which he or she presents to the Canadian immigration official on returning to Canada. The letter basically states that the applicant has been approved as a care-giver and requests the border official to issue the person a work authorization and visa. The visa is issued for one year and assuming the care-giver encounters no troubles, is renewed for the second year almost automatically.

At the end of the second year the care-giver can then apply for permanent residence in Canada which usually takes about three months. If Canada Immigration has some suspicions about the care-giver's life in Canada and his or her compliance with the rules, the applicant may be invited in for an interview. Such an interview is designed to inquire into whether the applicant has set down roots in the community. Evidence of involvement in community affairs, taking English or other evening course, savings and friendships will help the applicant in this back-end review before permanent residence is granted.

The beauty of this program lies in the fact that those individuals who are successful in their applications can improve their lives, and the lives of their descendants, forever. Through this program they can change their destinies, and the destinies of those who follow them. Few opportunities like this exist in the world for ordinary people, and for that reason, Canada should be very proud of this aspect of its immigration policy.

As for the Ukrainian community, it should try to make as much use of this program as possible, since it offers a way we can help Ukrainians from Ukraine while helping ourselves at the same time.

Andriy Semotiuk is a practicing attorney with the law firm of Manning, Marder and Wolfe in Los Angeles. He has practiced law for over 20 years and is a member of the California, New York, Ontario, Alberta and British Columbia bars. He specializes in immigration law, and in active in Ukrainian affairs. He may be reached via e-mail: ajs@mmw.com.

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