Am I being scammed? - News - Jamaica Gleaner - Tuesday | June 11, 2013

Am I being scammed? - News - Jamaica Gleaner - Tuesday | June 11, 2013

Dear Ms Powell,

I applied for a job as a helper in Canada from last year and the lady told me that I got the job and she was just working on the papers to get me to go to Canada. However, every time I contact her, she claims that she is working on the papers. What papers could she be working on so long? How can I know if she is serious and it is not just a scam? Also, if I get the job, can I apply to live in Canada, or do I have to return home?

-K.D.

Dear K.D.,

Canadian residents and citizens must first qualify before they are able to hire international persons as caregivers (helpers). Both the prospective employer and the caregiver must meet certain basic requirements before a 'live-in caregiver permit' is granted.

Requirements

Your prospective employer will need to go through a qualification process before she can give you a written contract. This means that she will need to obtain a positive labour market opinion (LMO) from the Human Resources and Skills Development Service in Canada. HRSDC/SC will examine the application to see:

1. Whether there is a genuine need for hiring you;

2. If there are others in Canada that had an opportunity to apply for the position;

3. Whether the employer is able to afford the minimum salary;

4. If the working conditions are compliant with the standards set by HRSDC/SC.

Your prospective employer will need to get a positive LMO before she can hire you. She may be awaiting this document. Don't be afraid to ask her which document she is waiting on. Once she has the LMO, she should then be able to provide you with a signed employment contract detailing the terms of the employment, date, and wages.

When your prospective employer receives the LMO, she will need to provide you an employment contract. Then you complete the required forms, pay the fee, and submit your application to Citizenship and Immigration Canada(CIC)/ Canadian Embassy.

Do not send your passport or personal documents to your prospective employer as you will be the one to apply for your work permit in your home country. Be very weary if you are asked to send your original documents to a prospective employer. (Refer to my previous articles about how to avoid scams.)

No one can give you a visa or a work permit. Only CIC/the Canadian Embassy can do so. You are the one that will be required to apply for the permit in Jamaica. You will have the responsibility to submit the necessary documents to satisfy a visa officer that you have successfully completed the equivalent of a Canadian secondary school; have the ability to communicate effectively in English or French; and also, have successfully completed the necessary medical, criminal, and security checks before your visa and permit will be issued.

Remaining in Canada

Since you are desirous of living in Canada permanently, the most important thing for you to remember is that you should hold on to that job in  Canada. The longer you stay in the same job, the better your chances of getting permanent residency. Do not lose your job!  That does not mean that you should put up with abuse. Abuse should be reported. Just bear in mind that you will need to be able to prove that you have at least 3,900 hours of authorised full-time employment, or at least 24 months of full-time employment, to qualify for permanent residence and be able to remain in Canada.

If your contract is not renewed, or you have not received a new job , or your application for permanent residence is not approved, you should return to your home country and not run the risk of being deported.

If either you or your prospective employer has difficulties with your application, you should consult an immigration lawyer to assist you with your application.

Best of luck!

Deidre S. Powell is a lawyer, mediator, and notary public who is a member of the Jamaican and Ontario, Canada bars, with main office located in Ottawa, Ontario. Her areas of practice are in immigration, real estate, personal injury, family, and administration of estates. Email: info@deidrepowell.com. Subject line: Immigration or Tel: 613-695-8777.