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Proposed Challenge to Canadian Government for Caregivers Applying for Permanent Residency

If you - or someone you know - is a Caregiver in Canada who could be, or had been affected by this, you may contact Atty. Tim Leahy directly before the deadline. You can know more about Atty. Tim Leahy and cases he had handled at http://www.unfaircic.com/issues1.html

Originally posted on April 18, 2017; updated April 18, 2017

Proposed Challenge to Canadian Government for Caregivers Applying for Permanent Residency

Nanny-gate Litigation in Canada

Unfair CIC 2:29 AM (11 hours ago) Nanny-Gate Litigation Good Day, I have enlisted one of Canada’s premier constitutional lawyers to seek a Federal Court order requiring Immigration Canada to cease and desist from discriminating against those who have applied for permanent residency in the Caregiver Class and to land caregiver class applicants within 120 days of the Court’s ruling.

The anticipated date of filing is June 6th.

We are seeking an “expression of interest” from caregivers, who have applied for permanent residency. Only if enough express interest will the litigation be commenced and the fee requested. The fee to join will be $350/- if enough caregivers have committed themselves to this cause.

Currently, Immigration Canada (IRCC) is holding back landing caregiver applicants, who must first have worked two years in Canada, for 47 months, thereby keeping families separated for six (6) years. In contrast, IRCC boasts that it processes Canadian Experience applicants in under one year, and they need only to have worked in Canada a year before applying.

Immediately upon lodging the litigation, we will file a motion with the Court, asking that Immigration be ordered (a) to issue work permits and/or study permits to the litigants’ dependants and (b) to waive the processing fee. If the Court orders IRCC to allow dependants to join the litigant, an additional $200/- (which is less than the IRCC’s processing fees for a work permit) will be due. This additional fee will apply only to those who request inclusion in the motion and, as I stated, only if IRCC is ordered to allow family members to come here immediately will the fee be due.

The litigation itself may be expected to take nine (9) months to a year for a decision on the merits. However, the motion should be decided within sixty (60) days from initiation of the litigation, after which the dependants should be documented to join the litigant within sixty (60) days.

(The order will apply only to those who are participating in the litigation; it will not apply those who are sitting it out.) Thus, the family could potentially be reunited in Canada in time to celebrate Thanksgiving together in Canada.

For those who are interested in participating in this litigation, please provide the following:

1. full name and date of birth,

2. email address,

3. telephone number(s),

4. Client ID/UCI (eight-digit number),

5. file number for PR application,

6. date became a foreign caregiver, and

7. date applied for landing. On May 15th,

I will provide a status-update if we do not yet have enough participants. Once enough people have expressed interest in joining the litigation, I will revert to each, confirming that we are proceeding and asking for the $350/- payment. If you have any questions, feel free to email me. Finally, please forward this email to any caregiver who could benefit from this litigation because the more who join, the greater the impression we will make on the Court.

Sincerely, Tim Leahy

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