Q: I applied as a live-in caregiver in Canada. I was assured by the agency that my employer is already waiting for me. I settled all my accounts with the agency confident on the thought that I can just recover all my expenses by working hard in Canada. I was in high spirit when I got my visa only to be told a week thereafter that my employer had changed his mind. However, my agency assured me that they will find me another employer.
Since I had already spent a lot on this and I already had visa, I decided to proceed to Canada. It’s more than a year now and still my employer can’t find a regular employer for me. I’m losing hope and even the savings of my family. Can I sue the agency for all the moral, emotional and financial troubles they had caused me?
A: Yes you can. You are a victim of the so called “ghost employer” phenomenon. In Ontario a live in caregiver sued her agency who cannot produce an employer for her. She won the case and was able to collect monetary indemnification from the agency.
Recruitment agencies had thrived well for over a decade now by exploiting the vulnerability of foreign nationals who wants a brighter future by working in Canada. Most of them came from Asian countries where the number of unemployed is still on the rise.
These hopeful applicants nearsightedly pay their recruiters those exorbitant charges, banking on their promise that good wages and good benefits await them in Canada from employers who in the first place never existed at all. And to compound their miseries they even collect rents from them for staying in their premises. And just so these unemployed caregivers will survive they succumb to any odd jobs thrown at them. And yet they are afraid to speak up lest they be deported.
Now, a case like this has a good chance of seeing it trough the court. Legal and CSIC registered immigration law offices can extend expert services in this aspect.
But other than this, your greater concern should be your legitimate stay in Canada. Entering Canada through the “live in caregiver program” requires you to work for at least 24 months as caregiver. This you should comply within the first 34 months of your stay in Canada. But considering that you already lived here for more than a year, complying with such requirements is already impossible. Hence, you have to resort to other type of immigration program so you can further stay in Canada. An immigration expert or lawyer to Canada is what you need in this case.
Disclaimer: The immigration article posted above does not substitute as a legal advice on immigration issues. If you need to consult a qualified professional about your case, you can visit a qualified immigration professional in your city or country. Use due diligence in doing so.