Ombudsman for Canadian Immigration DESPERATELY NEEDED

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Canadian Employers and Cubans need to be treated fairly at the Canadian Embassy in Havana. Cubans should not be subjected to discrimination by gender for a job (against Canadian law-http://najc.ca/gender-discrimination-in-canada/ discrimination by the economy of their country and discrimination because they have never travelled outside the country before.

Canadian Employers should not be discriminated against by their occupation at the Canadian Embassy in Havana and put through ridiculous hoops when their finances have already been approved by ESDC government dept. in Canada as part of the LMIA process to prove you can pay the temporary foreign worker.

As Canadian employers we should not have to pay $56,000.00 to the top Toronto Immigration lawyer (recommended by Canadian government staff as they are so disgusted also!!) just to have a work permit "reviewed objectively and consistently to ensure fair and equitable treatment" as the Immigration claims they do, which is not true at all in this case.

As a Canadian citizen I was shocked that” I was treated like a criminal at the Canadian Embassy in Havana” even although I was being polite and calm trying to get help as to why this insanity was happening.
*those are exactly the same words "I was treated like a criminal"  other Canadians have used
as to how they were treated also when requesting help for a lost Canadian resident card so you can imagine how Cubans are treated !

Three years later I now find out because I went to the Embassy on the day of the temporary foreign worker's interview and asked questions about the discrimination it caused concern about my relationship with the temporary foreign worker! I could have gone on any other random day and it probably would not have caused concern. My husband was waiting for me at the gate of the Canadian Embassy. As the other employer on the work permit he was not allowed to accompany me into the Embassy when he did NOTHING to provoke them.

If the interview date/time had been put on line where my immigration consultant was looking for it, we would have not had to take the original documents ourselves to the embassy to get them there on time for the interview. We arranged a friend to take them but the Embassy booked a new interview through our MP and planned it at 9:00 am on the same travel date thus the original documents not arriving in time by our friend. After spending so much on translations (wrong info by our Canadian Immigration), and the hell of getting paperwork in Cuba we did not want to just give up. Told he could be rejected if original documents not presented at interview.

* This is not about refugees. This is not about taking Canadian jobs.
We paid $1,000.00 for the Labour Market Impact Assessment and advertised the job on Service Canada and other websites for 5 months with no suitable, qualified english speaking Canadian home care worker.

Our MP's office informed us of the facts:

-the Cuban Temporary Foreign Worker passed his interview for his work permit
-no further documents were required except the Dr. disability form and letter stating why it was urgent (which had already been submitted) We were all delighted, especially my 88 year old mother who was over joyed she would get an excellent home care worker, that had worked with her numerous times on vacation in Cuba. Their personalities were a perfect match.

Two days later on a Sunday (no criminal record or changes) the rejection letter arrived, devastating the Cuban temporary foreign worker and my Canadian family, especially my mother. This emotional abuse should never have happened and there has been no explanation for it except perhaps "they used the wrong word."

Because we work as children's entertainers running an entertainment agency:

-manager’s letter from Scotiabank not believed
manager's letter from Raymond James Investments not believed
-then told the financial paperwork was outdated and to do it all
over again with even more paperwork ! then a  history of bank accounts

OUR FINANCES WERE ALREADY INSPECTED AND APPROVED IN CANADA BY THE ESDC CANADIAN GOVERNMENT DEPARTMENT.

*if the LMIA was approved, (which it was) the officer is not required to assess the employer's financials. The assessment for LMIA is NOT done by IRCC but by ESDC , as you know. (from my immigration consultant)

-APPROVED URGENT Labour Market Impact Assessment
8 months later told to send the doctor disability form and letter stating why the work permit is urgent to have the work permit considered urgent !!

Three years later now I am told the LMIA was applied for too soon after a visitor visa was rejected causing suspicion. My brother with an acquired brain injury lost his partner and thus required more of my time thus I realized I NEEDED THIS HOME CARE WORKER as soon as possible. This suspicion is  another example of how the Canadian Immigration screws you over by an "opinion" when they have no knowledge about the timing of when you have applied for an LMIA. 

 Cuban youth home care worker (Braulio) desperately needing to make money to repair the roof of his cement house  so the rain does not come in, bars on the window for safety and a shower so his  for his 71 year old uncle with cerebral palsy could sit to shower.

.
Braulio qualifies for the job as per the approved LMIA job ad.

4 years experience as home care worker for senior with cerebral palsy (* LMIA ad - 1 year experience)
Senior’s doctor and several people in community confirmed
20 hour Red Cross certificate, (only 14-16 hour in Canada)
*also Red Cross instructor confirmed she would re certify
him in Canada upon arrival
grew up in a Doctor’s house who practiced there while getting his grade 12.
he  supports my mother on yearly vacations perfect match for her independent nature -she will listen to him and take his advice english is good (better than any applicant interviewed in Canada)

 Three years later I am now told:

The Canadian Embassy compared Braulio's work experience/education against other Cubans  not against the approved LMIM ad/job contract we paid $1,000.00 for and jumped through God knows how many hoops to qualify.  This is ridiculous !!! 

The LMIA stated "may involve some personal care " *MAY.. yet officer discriminated against Braulio as he is a male to work for my mother.  This is-against Canadian Law.  Braulio stated I told him I would do any personal care if necessary as I live 2 blocks away.

LMIA Ad is home care work.. we did not ask for nurse. I know what care my mother needs not the officer sitting at a desk in Cuba that has no idea of the situation giving an opinion. 

-Letter from a pharmacist who lives next door who agreed to care for his uncle while he would be in Canada. He more than qualifies for the approved LMIA job contract.
*** the work permit W301 808 584 for Braulio Enrique González Jaramillo needs to have a minister's permit to over turn this inhumane, unjust rejection based on incorrect information and judgements that are not based on Canadian laws.
the officer’s notes were shocking at how she twisted the information and omitted information that should have been in our favour. She had a demeanour from hell towards me as a Canadian citizen.
“I’m from Montreal and I have seen it all and above” and proceeded to treat me like a criminal.

Over 49 categories were passed on the work permit

-standard generic excuses were used below

-officer said directly to my face that she was  concerned about a male looking after a female senior !  I couldn't believe what I was hearing !!
Against the law in Canada to discriminate by gender for a job !!

Rejection of Work Permit Excuses
"never travelled outside the country before."

-most places a Cuban can go without a visa have a high crime rate, war, major health issues or are too expensive.

How can a Cuban travel outside the country when the Canadian Embassy uses this excuse to discriminate against Cubans?

"Money"
A temporary foreign worker comes to Canada to make money, thus can support himself.
Home care program the Labour Market Impact Assessment rules require:
-the Canadian employer provide free rent and free food
-pay medium wages, not minimum
Money is not an issue to support himself

"Purpose of Visit"

Make money to have a basic standard of living
-repair roof to stop rain coming in Uncle’s bedroom, other rooms
-put bars on windows for safety
-put a shower in for 70 year old uncle with cerebral palsy to wash sitting on a chair

"Economy in Cuba"
This is discrimination.
This youth was left as an orphan at age 11 and my husband and I not only find him the most qualified, suitable, experienced home care worker but would like to see him make the money desperately needed to have a SAFE house in Cuba for his 71 year old uncle with cerebral palsy and himself. Yet the Canadian government advertised an African man on tv. saying how low the wages were in Africa and how much he likes living in Canada!


“Family Ties”
Braulio reconnected with his father at age 18.-Dad has 9 sibling thus a huge family connection which Braulio visits often for meal, family celebrations etc.
-The Doctor's family that he lived with while getting his grade 12 have a strong connection with Braulio. He feels obligated to care for his uncle as his Uncle supported him growing up. His uncle has threatened suicide at home if someone tries to put him in a senior's home. Braulio does not want this to happen thus wants to make his house safe and care for his uncle.

Over ten of my family and my friends vacationing to Cuba have witnessed Braulio's strong connection to family and his excellent support to my mother. 

Officer’s Opinion
-it is obvious that this officer has behaved in a unprofessional manner, with her demeanour from hell, discrimination by gender for the  job, discrimination against us by profession as Canadian family entertainers, unnecessary and inappropriate questioning of the temporary foreign about me as a Canadian employer - my finances, if I have children, what am I doing in Havana, on and on…

Thus the officer’s opinion that Braulio would not go back to the country he loves, the climate he loves, the cement house he owns with the same luxuries most people his age have here, (computer, phone, new fridge, etc..) the huge family he loves - the fact that he doesn’t want to lose any more precious time away from his family than necessary is important to him but he needs $ for repairs. The "opinions" of the officer at the Canadian Embassy in Havana have been proved wrong on several occasions with documents.  Questioning the temporary foreign worker about my private life as the employer, which wasn't even her job speaks loud and clear that her "opinions" should not be valued.
I am:
the main care giver for a brother with an acquired brain injury who has is going through cancer treatment who's 36 year old son passed away recently
-have always supported his 3 kids with foster parents, as their
mum died.
Run our entertainment company as my husband has hearing problems.
- Take care of my 88 year old mother

This is why I desperately need this suitable worker who is ideal for our whole family situation !!!!

My mother wants to remain in her home two blocks away from our house. She smokes and I do not want her walking x number of feet away from a building to smoke in the winter as she is 88 and has broken her hip twice already.

Care giver burn out is a big factor.

The LMIA was approved as URGENT July 2015 and rejected May 1/2016

I have been writing MP’s, the Minister of Immigration, up to Justin Trudeau’s office from Jan. 2016 to present and it appears Immigration is not accountable to anyone for their errors, wrong information, twisted opinions not even based on Canadian values !!, discrimination and emotional abuse to Cubans and even Canadians !!

If a humane, correct decision without discrimination had been made by Canadian Immigration in Havana
my mother would have the qualified home care worker most suitable to her needs
2) our business would not be crippled by the government's decision if I had this suitable home care worker
3) The government would be getting more tax money from us and from the temporary worker
4) We would be able to do more charity work for Children's Aid, Erin Oaks Disabled Kids..etc. if my mother has a suitable home care worker.
Win, win situation. Braulio and his uncle would get a SAFE house to live in Cuba.

Please Make Change and have Cubans and Canadians treated WITHOUT discrimination and emotional abuse at our Canadian Embassy in Havana. Have each work permit, visitor visa, student visa treated objectively and in a fair manner as the immigration claim they do.

As a Canadian citizen of 64 years, and business owner 30 years I am so ashamed of this inhumane treatment at our Canadian Embassy in Cuba.

The staff at the Canadian Embassy needs to held accountable and Braulio needs to be treated fairly as well as all Cubans and Canadians needing help at the Embassy.

Now Jan 2018. On this year's vacation my mother got pneumonia in Cuba. Braulio was a rock to our family supporting my mother at the hotel, in the ambulance, at the hospital, at the clinic, translating for us in all places, getting required food outside the hospital for my mother yet the Immigration officer's opinion is he is not qualified enough. My mother recovered thanks to the good doctors/nurses and Braulio's assistance. We still need this excellent support worker.

Canadian values and the ten commandments are indeed needed at the Canadian Embassy in Havana !

 



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