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| Subject: Live In Caregiver Equality Rights Violated. |
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Live In Care Givers charter rights of equality violated by IRPR 113 (e).
IRPR (e) States if a Live in Caregiver has worked for two years in Canada and has applied for landing based on them having complied with her/his contract they can not get married to anyone who has been ordered excluded or deported.
Stage one approved H&C applicant can themselves have an enforceable removal order or be married to a person with an exclusion or deportation order.
Sure seems like IRPA 3 (3) (d) were it says all decisions must comply with the Charter including the equality provisions is not being observed.
IRPR 113. (1) A foreign national becomes a member of the live-in caregiver class if
(e) they are not, and none of their family members are, the subject of an enforceable removal order or an admissibility hearing under the Act or an appeal or application for judicial review arising from such a hearing;
So even when a family member is alleged to have violated the act and not described or found guilty the LIC application for Landing would be refused. HARDLY TREATING LIC´s EQUALLY!
Roy
cvimmigration.com
[25-07-2011,04:27]
[***.206.12.20]
Roy |
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(in reply to: Live In Caregiver Equality Rights Violated.)
UnQuote "IRPR (e) States if a Live in Caregiver has worked for two years in Canada and has applied for landing based on them having complied with her/his contract they can not get married to anyone who has been ordered excluded or deported".
It is not what IRPR says. What it says is:
IRPR 113. (1) A foreign national becomes a member of the live-in caregiver class if
(e) they are not, and none of their family members are, the subject of an enforceable removal order or an admissibility hearing under the Act or an appeal or application for judicial review arising from such a hearing;
They are free to marry anyone they want. Their other half has to be admissible though.
That regulation applies to any potential immigrant to Canada. If the main applicant has no criminal record and their spouse is a wanted criminal, they don´t qualify and you are going to call it against the Charter?
LOL LOL LOL
you made my day.
Saying that a potential applicant CAN´T get married from saying that marrying a person who is inadmissible based on an exclusion, deportation or any other enforcement order is against the Charter? Oh boy! Scary stuff.
You just bring that up in one of your earings and the IRB/CIC/CBSA will EAT you alive and after the audience your client will be sent packing.
[25-07-2011,12:42]
[***.115.153.178]
DocD |
(in reply to: Live In Caregiver Equality Rights Violated.)
DocD
Come on a protected person who has been found to be a CR Convention Refugee can apply for Landing then marry a failed refugee claimant and his/her partner who has been ordered deported can get landed along with the applicant. Not a LIC
All persons have to treated equally including IRPA 3 (3) (d)
Fundamental Justice is fairness.
Wait I´ll post the result and I will win.
Roy
cvimmigration.com
[25-07-2011,15:38]
[**.229.22.154]
Roy |
(in reply to: Live In Caregiver Equality Rights Violated.)
True enough but that is not the point. The failed refugee claimant hasn´t over come his/her inadmissibility yet though. That is the problem. Whether is a saint or a most wanted criminal in the registry shows as inadmissible.
When is your hearing?
[25-07-2011,17:21]
[***.115.153.178]
DocD |
(in reply to: Live In Caregiver Equality Rights Violated.)
Is there a way to check whether Roy won or lost the case? for all we know, he may be winning 1 out of every 10 cases.
[26-07-2011,22:01]
[**.247.210.96]
Anonymous |
(in reply to: Live In Caregiver Equality Rights Violated.)
Unfair treatment of Live In Caregivers
Example
Now two refugee claimants come to Canada and meet and fall in love.
• The man (Bob) attends his IRB hearing and receives a negative RPD decision which he does not appeal.
• The woman (Mary) attends her IRB hearing the following month and receives a positive RPD decision.
• (Mary) applies for Landing based on her protected person status.
• They get married the next month and (Mary) includes (adds) her husband (Bob) in her application.
• They both can be APPROVED!
Example #2
Now two persons in Canada meet and fall in Love.
• The man (Tom) submits an A25 Humanitarian and Compassionate application and is approved stage one.
• The woman (Jane) marries (Tom) the following month.
• (Tom) informs CIC as to his change in marital status by including (Jane) in his application for Landing.
• Both can be APPROVED!
Live In Care Giver applies for Landing which can take two years falls in Love and marries after she applies. If that someone has been ordered removed or even sent to an admissibility hearing for overstaying the Live In Caregiver will be excluded from Landing.
Not Fair!
Roy
cvimmigration.com
[27-07-2011,08:14]
[***.206.23.159]
Roy |
(in reply to: Live In Caregiver Equality Rights Violated.)
you are right - example #1 and #2 should not be approved period.
[27-07-2011,11:12]
[***.124.134.110]
Anonymous |
(in reply to: Live In Caregiver Equality Rights Violated.)
Yes lets change the objective of the Immigration Act regarding Public Policy.
Do not focus on all groups being allowed to do something but refuses Live In Caregivers the same rights.
How about preventing every person who drives a Red Car from driving on a four lane highway. Then allow every one that drives a black car to drive in the (HOV) High Occupancy Vehicle lanes even if they are the only person in the car.
Roy
cvimmigration.com
Roy
cvimmigration.com
[27-07-2011,22:22]
[***.206.23.159]
Roy |
