The Toronto Star reported that a new Canadian law inspired by a Filipino caregiver who died of cancer last year has a gigantic loophole that leaves caregivers who fall sick open to deportation.
The Juana Tejada Law that went into effect in April was supposed to provide relief to live-in caregivers.
Participants at 1st Philippine Caregiver Summit at the Mandarin Oriental Suites in Manila. Photo credit: http://www.flickr.com/photos/25174817@N05/
Under the regulation, caregivers who have worked in Canada for a sufficient amount of time no longer need to undergo a second medical examination as a condition for permanent residency.
The law came about after community activists crusaded on behalf of Tejada who was denied permanent residency when she was stricken with cancer during her tenure as a caregiver in Canada.
However, the new law still allows immigration authorities to “retain the discretion to request a medical examination,” which virtually reverses the intent of the new law.
“Nothing has changed,” Tejada’s lawyer Rafael Fabregas told the Toronto Star. “It is still possible for somebody to be required to take the second medical exam, fail and be refused.”
Source: ABS-CBN
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January 17, 2012 at 11:23 am
I am a live in caregiver here in Ontario since 2008. I had a fall accident while working in 2010 resulting to a Spinal Cord Injury. I am confined in a power wheelchair since then because I am paralyzed from the neck down. I asked help from the resources available but unfortunately I was left hanging. I retained an immigration lawyer because I need someone to advocate for me. I am in the hole with their legal fees but what can I do. I am so desperate for someone to help me. I had this serious injury while working but it seems that nobody cares. My employer is nowhere to be found, they abandoned me. I am alone here and I do not have a family. Juana Tejada is so lucky a lot of people helped her. I am hoping and praying that God will send someone to help me.