Why are Hungarian Roma seeking asylum in Canada?




Aladàr Horvàth, a former member of the Hungarian parliament and now chairman of the Roma Civil Rights Foundation in Hungary and lecturer at Brown University in Rhode Island, describes repressive government laws disproportionately affecting Roma and a generalized hatred toward them that makes them feel physically threatened.
A high-profile Roma intellectual in Hungary with ties to a junior party in the country’s coalition government is seeking refugee status in Canada, which Roma rights activists say bolsters their claim that Hungarian Roma are fleeing to Canada because of a real fear of persecution, not for economic reasons.

István Kamarás is one of thousands of Hungarians who have come to Canada seeking asylum since Canada lifted visa requirements for Hungarian nationals in 2008. Hungary was Canada’s top asylum claimant source country in 2010, with 2,297 cases referred to the Immigration and Refugee Board.

It appears that it will hold the top spot again in 2011, as figures for the first nine months of the year show 2,545 Hungarian referrals, more than 1,000 above the second-highest source country, China.

While Canada doesn’t keep statistics on ethnicity, community members say Roma—a stateless ethnic group prominent in Europe and sometimes pejoratively called Gypsies—make up most of Hungary’s asylum claimants.

Roma advocates say both the Hungarian government and people discriminate against Roma leading them to flee. But Immigration Minister Jason Kenney has questioned why “the democratic European Union” is sending Canada more asylum claimants than Asia or Africa.

The Hungarian government has said most Hungarians coming to Canada do it for economic reasons, to find jobs and a better living. Canada has accepted less than 10 per cent of the Hungarian refugee claims since 2009.

Mr. Kamarás is a historian and political scientist who headed a program meant to help talented Roma get an education to become leaders in Hungarian society.

Before leaving Hungary, he said, in emailed responses to questions from Embassy translated into English, he was also the president of a group acting as the Roma arm of the KDNP, the Christian Democratic People’s Party, a junior partner in government to Hungary’s ruling party, Fidesz. He said he was also the unpaid adviser on Roma affairs to Hungarian Deputy Prime Minister Zsolt Semjén, a member of KDNP.

The party and Hungarian government have distanced themselves from Mr. Kamarás since news of his flight to Canada broke in Hungary, saying he didn’t have an official job advising Mr. Semjén. The Hungarian English-language news website Politics.hu reported that he had been advising Mr. Semjén and Hungary’s state secretary for social inclusion, but became convinced they weren’t listening.

The website quoted a Hungarian daily, Népszava, as reporting that Mr. Kamarás and his family moved to Canada over the summer, “ostensibly because he did not wish to give his name to what he called the government’s plan to keep the Roma population impoverished.”

Mr. Kamarás confirmed that in the email and added that he left “because of the ever-growing, strengthening, aggressive prejudice against Roma.”

The Hungarian government this fall released a 10-year Roma social inclusion strategy, and an action plan that would see the government spend $900 million in the next three years to improve the Roma people’s health, employment, housing, and education situation.

Gina Csanyi-Robah, executive director of the Roma Community Centre in Toronto, earlier this week confirmed that Mr. Kamarás is in Toronto seeking asylum.

“It’s important for us to share this because the [Canadian] government has created this kind of belief among Canadians that it’s only the lowest of the low coming here, that it’s Roma just coming here for economic reasons to get a fatter welfare cheque—stuff that’s completely unfounded,” she said in a phone interview.

“But if you have people coming now who were aides to the government…feel that it’s not safe for them to continue living in Hungary any longer, I think that this brings the conversation to a different level now. Maybe to a level that we could start talking honesty about the problem that exists over there.”

Hungarian Deputy Head of Mission Tamás Király said he didn’t know the specifics of Mr. Kamarás’ case, but that he finds it “paradoxical.”

“Obviously he’s not the only high-profile Roma intellectual in Hungary who is working with the government on the Roma action plan, and somehow he turns out to be the one who somehow found this way of expressing his disagreement of how or which direction things are going,” he said.

Mr. Kamarás said other Hungarian Roma leaders know their community’s situation is unacceptable and untenable, but because of intimidation and bribery, they don’t criticize the government.

Economic migration, or fear of persecution?

Mr. Király noted another case of a Hungarian couple. The husband was working for the Hungarian police. He said they emailed his embassy about how to apply for refugee status in Canada.

“We have to explain to them that if they apply for refugee status in Canada that it means that they are escaping from us, from the Hungarian government—so we are not even supposed to know about it,” he exclaimed.

There is a lot of misinformation about what a refugee claim means, he said.

“We do find that to a large extent the migration to Canada is an economic migration, to find jobs and to find a better living.”

Mr. Kenney has also questioned the veracity of Hungarian Roma refugee claims. In April 2010, he highlighted in the House of Commons a police investigation in which some Roma asylum seekers were accused of being “coached to come to Canada, make a false claim, and then register for provincial welfare benefits.”

The year before, he called Czech Roma claims “bogus.” Canada imposed visa requirements in 2009 on the Czech Republic and Mexico, two of the top refugee claimant source countries at the time.

Earlier this year, the National Post reported that Mr. Kenney said the Hungarian Roma influx is “very peculiar,” “bizarre,” and “very well-organized.”

But Roma advocates such as Aladàr Horvàth, whom Ms. Csanyi-Robah called the Martin Luther King of the Roma community, have a different take. Mr. Horvàth is a former member of the Hungarian parliament for a party that opposes the current government. He is now chairman of the Roma Civil Rights Foundation in Hungary and is a lecturer at Brown University in Rhode Island.

The Munk School of Global Affairs at the University of Toronto invited Mr. Horvàth to speak on the Hungarian Roma situation on Dec. 7. While in Canada, he also travelled to Ottawa to speak to members of the House international human rights subcommittee, and Embassy.

Mr. Horvàth, speaking through an interpreter, described repressive government laws disproportionately affecting Roma and a generalized hatred toward them that makes them feel physically threatened.

For instance, he talked of a “forced labour” law that is set to come into effect on Jan. 1 that he said could see jobless people travel up to 300 kilometres to do public works projects, and live in containers in guarded labour camps.

He said it’s already being modelled in Gyöngyöspata, a town northeast of the country’s capital, Budapest, where conflict between right-wing militants and Roma erupted last spring, creating international headlines and leading to what some media reported as an evacuation of about 270 Roma residents.

Government officials called it a pre-planned holiday. Mr. Horvàth called the labour law “a Gypsy law,” saying it disproportionately affects the Roma and comparing it to anti-Jewish laws Hungary introduced in the 1930s and 1940s.

He said for the last 25 years there has been a “cold war” between Hungary’s political right and left, leading to a weakened state, and the current state of political affairs in which Hungarian Prime Minister Viktor Orbán’s centre-right government and the far-right party Jobbik “feed off of each other” displaying neo-fascist tendencies.

He described an 800,000-strong underclass in deep poverty, equivalent to that of sub-Saharan Africa, about 35 to 40 per cent of which is Roma.

Mr. Király, the embassy official, gave somewhat different numbers, but they showed a similar trend: the Roma are over-represented in Hungary’s poor population. Of the about 750,000 Roma in Hungary (7.5 per cent of the total population), he said 500,000 to 600,000 are in deep poverty. That makes up about half of the extremely poor people in the country.

“If you look at the numbers, this is serious,” said Mr. Király.

“Obviously, the Roma community in Hungary is in a difficult situation, and it cannot be changed overnight. So the government strategy and action plan is medium- and long-term. And of course the government is doing immediate steps as well.”

He acknowledged that government plans in the last 20 years haven’t led to significant improvements, but said the current plan is “more clearly focused and more co-ordinated.”

Anti-discrimination mechanisms within it allow for mediation and conflict management, he said, to patch up social tensions. And, he said no one is forcing anyone to move as part of the labour law Mr. Horvàth mentioned. But if someone has to commute more than three hours to work each day, the employer must offer free accommodation for the workers.

The jobs are fixed-term, unskilled, and mostly through public employers that must pay more than what the person would receive on welfare. No one’s forced to do these public works, he said.

Canada wades in 

While Hungarians argue about whether the situation for Roma is getting better or worse in Hungary, Canada is also trying to assess the situation. The Toronto Sun reported in October that up to 50 Hungarian Roma per day were filing refugee claims at Toronto’s Pearson airport. A record 110 claimants arrived in one night that month.

That surge prompted an uptick in Canadian government interest in Hungary’s Roma, said Mr. Király, although the two countries have been in regular contact over the refugee issue since the influx began.

Canada’s ambassador to Hungary, Tamara Guttman, took part in a Canadian government fact-finding mission, and has in the past few weeks been travelling around the countryside to places with large Roma populations.

She spoke with government ministries in charge of social inclusion, the foreign ministry, and the ministry of interior, said Mr. Király.

“The government of Canada is concerned about the rising number of refugee claims from Hungary, the vast majority of which are unfounded,” wrote Citizenship and Immigration Canada spokesperson Nancy Caron in an email to Embassy in August.

There has been constant speculation since Hungary topped the list of refugee claimant source countries that Canada would slap visa requirements back on Hungarians. Canada’s typical response has been that it’s monitoring the situation.

Refugee reform legislation set to come into force in June 2012 will allow the government to pen what it calls a designated countries of origin list, which is essentially a list of countries that don’t normally produce refugees and have a strong human rights record. Asylum seekers from those countries would be fast- tracked through the process.

“We are fairly confident that if a designated countries of origin list will be applied in a new system, that Hungary will be on that,” said Mr. Király.

The government has said it’s too soon to know if any countries will be designated when the act comes into force.

Robert Austin, a senior lecturer at the Munk School’s Centre for European, Russian, and Eurasian Studies and co-ordinator of the Hungarian Studies Program, which invited Mr. Horvàth to speak, said such fact-finding missions in areas where the Roma are facing the biggest challenges are important. He suggested non-partisan, non-government third-party experts should conduct them.

Mr. Austin said that the reasons why Hungarian Roma are seeking refugee status in Canada are not black and white.

“I don’t think everyone here is a refugee, and I don’t think everyone here is economic,” he said.
“People construe it as if either the Hungarians are bad and the Roma are good, or the Roma are bad and the Hungarians are good. But the situation is way more complicated than that.”

kshane@embassymag.ca

Improving Canada's immigration system


As the federal government set about retooling the country's immigration system this fall, it identified two important goals.
It wants, first, to admit a larger number of skilled workers, and second, to whittle down the seven-year backlog in its family-reunification program. This week, it added a third objective: protecting live-in caregivers from possible exploitation by the families they live with.
In a surprise move, the government announced that the waiting period for live-in caregivers to apply for an open work permit will now be shorter by 18 months. Open work permits allow caregivers to look for another job, in any field, once their two-year live-incaregiver contract is complete.
This is a timely and sensible change. The Live-In Caregiver Program has proven to be a resounding success as Canadian families struggle to find care for children and elderly parents. Parents who can't find child care can't work. The same is true of adult children with aging parents in need of care. Here in Quebec, we've read too many exposés of old age homes where the elderly are underfed and poorly cared for to want to depend exclusively on institutional care.
As welcome as this additional protection for live-in caregivers is, however, there are legitimate fears that this new third objective could leave Canada with a caregiver shortage - a concern given our rapidly aging population. Earlier this fall, the government said it would begin admitting no more than 8,000 to 9,000 live-in caregivers a year, down from the current 10,500 to 12,500. It would have been a good idea for the government to keep the numbers at their current level, at least for now, until we see the effects of open-work-permit liberalization. It may be we will need to increase the numbers in the future.
It bears remembering that when we talk about Canada being a country built on immigration, the builders have always included domestic workers. A century ago, Canada took in people willing to work as farmers, lumberjacks, railway builders, store-owners - but also people who worked in private homes.
This is not to say skilled workers should not be the cornerstone of the country's immigration program. They remain a good bet in terms of immigrants' ability to settle in and start contributing. Government research shows that skilled workers fare well, earning on average $79,200 three years after arriving. Last year, Canada granted 280,681 people permanent-resident status, of whom 67 per cent, or 188,056, were skilled workers and entrepreneurs.
In his enthusiasm for the skilled-worker and entrepreneur categories, Immigration Minister Jason Kenney said he intends to cut back on the number of people Canada lets in through the family-reunification program. He is right to be embarrassed by the sevenyear waiting list in that program, with a backlog running into the hundreds of thousands. This leaves people waiting interminably in the often unrealistic hope of moving permanently to Canada.
In addition, Canadian taxpayers may not be convinced that opening the doors to the elderly parents or even grandparents of immigrants is a good investment. Elderly people who have not contributed to the country's health or social services will, if they are admitted, be able to draw on these services in the final years of their lives, possibly even competing with people who have paid for them.
But there are other choices when it comes to family reunification. Longer visitors' visas - five to 10 years in length and requiring the family to provide health insurance and social care - would leave families and their aged relatives with reasonable options and answer taxpayers' concerns. Currently the only options are a short visit or permanent residency.
In the global competition for top-level talent, being able to bring along families can prove a deciding factor for potential immigrants. And those families tend to have the same drive and energy that characterizes the main breadwinner. Canada did not get to be an economic powerhouse on the strength of its relatively small population. It has succeeded because it let in people who wanted to make a better life for themselves and their children - all kinds of people, the live-in caregiver and the telecommunications engineer alike.


Read more: http://www.montrealgazette.com/life/Improving+Canada+immigration+system/5875597/story.html#ixzz1gzK2AR84

Exports Canada: China will replace Britain as Quebec's second-largest export market > EDC

China will replace Britain as the second-largest foreign buyer of Quebec's products next year as the demand for base metals continues to feed the Asian economic giant's continued growth, says Export Development Canada. The province's exports are expected to grow for the third year in a row, with a seven per cent gain in 2012, according to the agency's global export focus released Tuesday.


The pace of expansion would put Quebec behind British Columbia (13 per cent), Ontario (10 per cent) and Nova Scotia (nine per cent) in a three-way tie with Manitoba and the Territories, and equal to the national average.

Higher prices for gold and base metals such as aluminum and iron ore should mean another good year for this sector. Mining activity is booming, in large part because of the government-led Plan Nord initiative and development of Malartic and the Sleeping Giant.

"Iron ore shipments to China are ... a huge part of it and that's not going away, it's not a flash in the pan, it's a trend over time," chief economist Peter Hall said in an interview.

China is using Quebec's iron ore to help it aggressively expand its steel-making capacity.

China accounted for 13.6 per cent of the world economy in 2010 when its economy grew by a little more than 10 per cent. Forecasts call for growth of 9.3 and 8.8 per cent in the following two years.

Quebec's aluminum exports should be boosted by stronger prices this year but production will be flat this year and next with the only notable increase occurring at Rio Tinto's Laterriere smelter, says Hall.

The aerospace sector should also be a "star performer" in 2012 as airlines ramp up orders following a couple of years of weak economic conditions.

Hall said the industry will have the beginnings of a recovery as carriers take advantage of order deferrals next year to ensure they get order slots for their planes.

Among the winners will be Bombardier (TSX:BBD.B), which has won an order for 120 business jets from NetJets and engine manufacturer Pratt & Whitney Canada, both based in Montreal.

The transportation sector is expected to grow by 23 per cent, largely as a result of the aerospace sector, after declining by one per cent in 2011.

"Anybody who's in the supply chain is going to feel the updraft from that 23 per cent growth that we're forecasting for 2012," he said.

Quebec's exports are led by four areas — industrial products which account for 39 per cent of total exports, machinery and equipment at 13 per cent, forestry 13 per cent and transportation at 12 per cent.

Quebec is the third-largest exporter in Canada after Ontario and Alberta. Its $57.8 billion of merchandise exports account for 15.4 per cent of the national total.

After growing by 2.6 per cent in 2010, Quebec's exports are expected to increase by four per cent in 2011 and seven per cent in 2012.

EDC expects Quebec's forestry sector exports will grow by nine per cent in 2012 after two years of zero gains.

Although the number of new U.S. households is growing by 1.4 million, housing starts are only increasing by 550,000 to 600,000.

Most of Quebec's lumber is shipped to traditional markets like the United States while western lumber is increasingly going to China.

Hall also expects opportunities in Quebec to increase shipments of agricultural food products like meat and dairy. The growing size of the middle class in emerging countries is increasing demand for quality food products.

Increasing exports won't have an immediate impact on job creation, which tends to lag recoveries by about six months, Hall said.

"Sadly jobs always lag the recovery so it's going to take awhile for this growth to actually turn into jobs."

A look into the life of a local Filipino worker


By Brandi Morin

Posted 1 day ago
STONY PLAIN - In recent years there has been a significant increase in the amount of foreign workers in Parkland County. Even with the fall of the economy in 2008 certain job sectors have remained prosperous with a demand for skilled and committed employees.
In order to promote employment opportunities in Alberta, the Province entered into an agreement with the Philippines Department of Labour and Employment.
Alberta's Minister of Employment and Immigration, Hector Goudreau, said that they prefer Filipino workers because of their skills, flexibility, adaptability and wonderful work ethics.
Richard Naya, 25, from La Carlota City, Negros Occidental, Philippines, has been working in Alberta for almost five years and as a chef at a popular Stony Plain restaurant for the past three years.
"It was really good to grow up there (Philippines) because of the beautiful weather and stuff," said Naya.
"But what good is the weather when you can't put food on the table?"
He grew up poor in a family of seven a couple hours inland north of the Pacific Ocean. His father worked as a truck driver and his mother worked planting and harvesting sugar cane to make ends meet.
Child labour is not forced upon children in the Philippines but they can choose to work if they choose to.
"When we were young kids playing around by the farms, we were hungry anyway so we asked my mom's boss if we could do work for him and get paid," said Naya.
"It wasn't easy planting sugar cane under the hot sun but we did it anyway. To a Filipino working here in a restaurant is easy like a dream job of working in an office compared to working in the fields."
Naya was dedicated to school and always envisioned a better life for him and his family. After Grade 6 he wrote and passed an exam that qualified him and only three others from his school to attend a private high school in Manila called CEBU, the Sisters of Mary School.
"I was really lucky I passed and my mom was really happy," said Naya.
"Although she was crying a lot because I was going away from home for so long."
The school required students to attend for four years with only two weeks off in the summer. But Naya said it was the greatest experience of his life.
"That high school gave us lots of opportunities like automotive, carpentry, electrical and computer skills."
Everything was paid for including his meals, shelter and regular hair cuts, "From top to bottom we were taken care of," said Naya.
Upon graduating at the top of his class Naya was granted a scholarship to study the two-year Mid Wife college program back in his hometown. It's a job there is a high demand for in the Philippines.
After getting his midwifery license Naya worked at a few local fast-food joints while waiting to find employment in his field.
An aunt encouraged him to consider applying to work in Canada because she told him he would be better able to help support his family rather than making a dollar an hour working in the Philippines.
Naya decided to apply and the process took a full year. He also had to borrow money from one of his bosses to secure the funds to move.
Skilled worker immigration in Alberta is part of the Provincial Nominee Program. This is an employer-driven immigration program managed by the Government of Alberta and Citizenship and Immigration Canada (CIC).
His first job in Alberta was at an A & W in Westlock, which he said he enjoyed.
Having come to Canada without knowing anyone but his aunt he soon made connections with other Filipino workers and met his future wife Belle.
With a desire to move closer to his aunt and new friends, Naya decided to move to Stony Plain.
The two happiest days of his life is when he got married and when his first child was born last June. But his son was born in the Philippines because Belle had been asked to leave Canada due to a problem with her immigration papers.
Although he hasn't yet met his son in person he tries to "see" them everyday using Skype.
"I feel really, really sad from not seeing them, like I mean not being able to touch them," said Naya. "I'm missing a lot of him growing up."
Naya works full-time and once a month sends half of his paycheque home to his wife and on his other payday he sends half to his parents and siblings.
When asked if he feels a lot of pressure to support his family he was quick to answer with a look on his face that was surprised that he was even asked such a question.
"The way I was raised, seeing them struggling, seeing them hungry, I know what it's like and I don't want them (my siblings) to experience that," said Naya.
"I want them to be able to go to school with a clear mind. Instead of thinking about such things like 'I'm hungry', they can go to school and play. It's all really about seeing them happy."
Immigration Canada is currently working on processing Belle's papers to return to Canada and Naya hopes to welcome his wife and meet his son in person for the first time in February.
Naya plans to continue to work with the hopes of being able to go to college in Edmonton to become a nurse but he has to have citizenship before he can apply.
The skilled worker immigration program in Alberta is designed to help candidates gain permanent residence and to help employers get workers for their companies. The ultimate dream for Naya would be to one day own a house and to raise his own family here.
"If I had lots of money of course I would want to go live back home," said Naya.
"But Canada is a really good country with lots of opportunity here. I even tried snowboarding although I'm not that good yet."
Naya plans to spend his fifth Christmas in Canada having a traditionally prepared Filipino dinner with his aunt and his friends.
He will speak with his family, wife and son through Skype.
Naya also said he is forever grateful for the abundant opportunities working in Alberta has given him and he is still working towards permanent residency and becoming a Canadian citizen.

Immigration minister says foreign caregivers can work elsewhere when contract ends


Richard J. BrennanStaff Reporters
Ten thousand “open work permits” have been issued to foreign caregivers across Canada in a move one activist said frees them from bondage and slavery.
Immigration Minister Jason Kenney’s orders came in response to a year-long Star investigation that found foreign nannies were treated as servants and forced to stay with one employer. Often, their passports were held by families that hired them, paying wages far below the poverty line.
“Finally they are released from bondage, the bondage of poverty, slavery and neglect,” said Terry Olayta, coordinator of the Toronto Caregiver Resource Centre. She said the average nanny nets about $250 a week.
“If we truly want to eliminate poverty, if we really want to eliminate neglect, exploitation and slavery, that is the thing to do — expedite their open work permits.”
Until the federal immigration department’s move, caregivers had to wait as long as two years for an open permit. Many were kept in abusive and exploitive work situations and forced to live in their employer’s home long after their original contract ended.
With an open permit, granted after their work requirements under the federal Live-In Caregiver program are met, caregivers are now free to take another job and move out of their sponsor’s homes while they wait for a decision on their applications for permanent residency.
Olayta said her group submitted a report to Kenney last September asking for just that. Waiting times for open permits in recent years had gone from just a few weeks to as much as 24 months, a situation she said kept some caregivers indentured and at the mercy of abusive employers.
One of the cases of alleged exploitation highlighted by the Star involved former Liberal MP Ruby Dhalla. Nannies complained to the newspaper they were hired by Dhalla to work at the family home in Mississauga and routinely toiled five days a week, earning $250 a week for 12- to 16-hour days. Plus the Dhalla family did not obtain the necessary federal approval under the Live-In Caregiver Program for the women to live and work in their home.
“After serious allegations of abuse were brought forward by live-in caregivers against Ruby Dhalla, the Minister engaged in consultations with various live-in caregivers regarding how to further improve the program. This policy is a direct result of those consultations,” said Kenney’s press secretary, Candice Malcolm.
In an interview at the time, Dhalla said she was “shocked and appalled” at the allegations.
“Anyone who has ever worked in our home has been treated with a lot of love, with a lot of care and compassion and money has never, ever been withheld from anyone,” Dhalla told the Starin an interview.
The Star series also prompted the Ontario government to pass legislation to further protect nannies. The new law makes it illegal for anyone to charge placement fees either directly or indirectly, putting the onus on the employer to pick up any costs involved with the recruiting and hiring of nannies.
The investigation showed widespread abuse with some recruiters charging as much as $10,000 for bogus jobs. Caregivers also complained of having to work 12- to 16-hour days for employers without being paid any overtime, and of being afraid to complain for fear of jeopardizing their applications for landed status.
Under the terms of the Live-In Caregiver program, applicants are obliged to work for two years, or 3,900 hours, and then become eligible to apply for permanent residence. In both 2009 and 2010, about five per cent of all permanent residents to Canada were admitted through the program.
In a press release, Kenney says the granting of open permits will go a long way to address those issues.
“Too many live-in caregivers have completed their work obligations but must continue living in the home of their employer, waiting for their application for permanent residence to be reviewed,” Kenney said.
“This is understandably frustrating. That’s why we have started issuing open work permits to live-in caregivers as soon as they have completed their obligations and submitted an application for permanent residence.
“The change I have announced (Thursday) will help caregivers settle into their new life in Canada while they wait for their permanent resident applications to be processed,” Kenney said in a statement
Liberal MP Kevin Lamoureux (Winnipeg North) said he applauds the issuing of open work permits to live-in caregivers, saying there is little doubt that some have been taken advantage of.
“Quite often there are employers I would classify as questionable and they can make very difficult for a live-in caregivers … so the government is moving in the right direction saying they can change employers,” he said.
However, Lamoureux said there are issues that need to be resolved that are equally important, one of them being the treatment of caregiver when they get sick while they are working in Canada. He said now if it is serious enough they are deported.
“I have had dozens of stories told to me with regard to this whole health issue and to me that issue is just as important as the exploitation issue because the health issue has just as much as an impact, if not more, than exploitation issue,” he said.
As of Sunday, all live-in caregivers who have met their obligations and who have submitted an application for permanent residence have had their files reviewed. Those who submitted an open work permit application with no missing information are being issued open work permits, according to the immigration department.
In 2010, Citizenship and Immigration Canada admitted a record 14,000 permanent residents through the Live-in Caregiver Class, the news release stated. The program allows Canadian families to hire workers from abroad to provide care for a child, en elderly person or an adult with disabilities.
Ottawa has taken a number of steps to protect live-in caregivers from abuse and exploitation with regulatory improvements in the program in 2010 and the Temporary Foreign Worker Program in 2011, according to the immigration department.
In the wake of the Star stories, the Ontario government set up a hotline where nannies can call and report any abuse or exploitation, and the federal government instituted a system to black list bad employers. Anyone found to be abusing a temporary foreign worker would be banned from being able to employ one for at least two years.

Top talent getting harder to find, Canada's small business owners say


Majority of small business owners (74%) believe it is getting harder to find good employees; nearly half (46%) anticipate a labour shortage in the coming years but few are taking steps to plan for it
MARKHAM, ON, Dec. 12, 2011 /CNW/ - When it comes to seeking out and securing great staff, 69 per cent of Canadian small business owners are confident in their ability to attract and keep good employees; however, when hiring, one in 10 (11%) of SBOs reported never finding the right person and 28 per cent had the job open for up to three months before finding the appropriate candidate.
The quarterly American Express Small Business Monitor reveals that almost three-quarters (74%) believe it is getting harder to find good employees and 64 per cent of SBOs believe the demands of today's job applicants exceed their qualifications. The majority (84%) of small business owners do believe they keep their best and brightest employees, but fewer (64%) say they consistently hire the best and brightest in their industry. In fact, only 11 per cent of respondents strongly agreed that they were able to do so.
The results couldn't be timelier. With much of the Baby Boomer generation set to retire, nearly half (46%) of Canada's small business owners anticipate a shortage of qualified job applicants in the coming years. A further 32 per cent are concerned about the impact this will have on their operations and 23 per cent expect to replace a significant proportion of their employees during this time frame.
In fact, nearly two-fifths (39%) of survey respondents believe it will be difficult to replace retiring employees. Despite this, seven in 10 (69%) haven't put a plan in place to deal with the impending issue, such as modifying employment practises or offering incentives to employees to stay on after retirement age.
"Strong talent is the cornerstone of good business, especially small business, where the right people can mean the difference between a loyal customer and high turnover," said Abhijeet Rege, Director of Small Business Services, American Express Canada. "But the survey also suggests that businesses should start looking to the future by thinking about the void that will be left as skilled workers start to exit these higher-level positions."
SBOs realize money isn't everything
While money is always a motivator in attracting and retaining employees, small business owners also understand that agile, flexible environments can better draw this generation's bright minds.
In fact, when asked about what incentives were most effective for small businesses looking to attract/retain staff, flexible hours were on equal footing as higher pay - with 72 per cent of respondents ranking each as effective. Other top effective attraction/retention perks include: having a dynamic business culture (62%), offering share/stock options (61%), and better health benefits (54%).
"We've seen changes in the way people are approaching their careers today, as people become more lifestyle-oriented they are seeking improved work-life rhythm," said Rege. "The biggest draw of working for a small business is job independence and flexibility. And while money remains important, business owners realize it isn't the only factor to attracting and retaining top talent."
SBOs significantly more confident about current and future financial positions
While small business benefits might be effective in drawing and keeping new hires, the owners themselves may still be reaping the greatest level of satisfaction. The Monitor found that SBOs have experienced a steady financial position over the last year and are optimistic for the future.
While they remain risk adverse, 49 per cent of SBOs report their businesses' current financial position is improving - a two- point increase over last quarter and a substantial 22-per-cent jump over 2010. In fact, the majority of small business owners (83%) feel the rewards of running your own business outweigh the risks, with 45 per cent of them "strongly agreeing" with this statement - up 13 percentage points from last year.
"What was really exciting for us to see quarter over quarter is that the majority of business owners still believe - in turbulent economic times - that the rewards and opportunities of running their own business still outweigh the risks and challenges," said Rege. "The stability owners experience has increased significantly in the past year and now, more than ever, business owners are looking to invest in the future of their operations."
About the American Express Small Business Monitor
Between Oct. 21 and Oct. 29, 2011, Rogers Connect Market Research and Client Services, (RCMRACS) Rogers Publishing Limited, conducted an online study on behalf of American Express Small Business Services with 520 Canadian small business owners each employing between 2 and 100 people. The margin of error for the total sample is +/- 4.3%, 19 times out of 20. In order to ensure the results are representative of the entire population of small business owners in Canada, the data have been statistically weighted for small business by region according to Statistics Canada. Respondents were located across Canada and came from a variety of industries, including health, social services, education, tech, sales and skilled trades. Due to rounding, some results may add to over 100%.
About American Express Small Business Services
American Express Small Business Services (SBS) is dedicated exclusively to the success of small business owners and their companies. SBS supports business owners with exceptional service. With tailored products and services, the team delivers purchasing power, flexibility, control and rewards to help customers run their business. Specifically, business owners can leverage an enhanced set of products, tools, services and savings, including charge and credit cards, robust online account management capabilities and savings on business services from an expanded line-up of partners. To obtain more information about SBS, visit www.amexforbusiness.ca orwww.facebook.com/AmexforBusiness.
For further information:
or a full copy of the report, please contact:
Isabella Mise, (416) 644-2293
isabella.mise@highroad.com
Sheryl Davey, (416) 644-2274


If you are a Canadian small Business owner and  need any assistance in getting foreign temporary or permanent workers, visit us at http://nexuscanadaimmigration.com/WorkInCanada.aspx


Wealthy immigrants can invest way to visas


Seattle Times staff reporter
EB-5 visas
The EB-5 visa program, which Congress established in the early 1990s, grants green cards to foreigners who invest at least $500,000 or $1 million (depending on location) into a new American business and create at least 10 new jobs for legal U.S. workers.
For investments in enterprises in most parts of the U.S., a $1 million investment is required, but that drops to $500,000 for investments in rural areas or areas of high unemployment. Parts of Sodo and the University District are considered high-unemployment areas for purposes of the program.
Foreigners with an entrepreneurial spirit may start a business and directly create jobs for at least 10 new employees. For conditions to be removed and the green card made permanent, those jobs must be in place by the end of the first two years.
The more typical method is investing in what's known as a regional center — businesses, usually development operations, that have been certified by the U.S. government through a detailed, complex process. While regional centers are required to create 10 jobs per investor, they are permitted to use economic models to demonstrate the creation of jobs indirectly linked to each investment.
Foreigners who apply for the visa must prove the legitimate source of the money they are investing — by producing tax returns or other financial documents.
Typically within a year or so of first applying, investors receive a conditional green card. Within two years, if they can demonstrate job creation, the conditions will be removed.
Source: U.S. Citizenship and Immigration Services

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As his son moved through high school, Xiaohong Mu began researching the immigration policies of Western countries where he believed his boy would get the best education.
The owner of a petroleum-engineering firm in the southwest Chinese city of Chengdu, Mu considered Australia and Canada before settling on the United States.
America, he believes, will not only prepare his son for future success, but he also thinks he can find new business opportunities here.
Mu and his family will move to Seattle this month under a little-known but increasingly popular visa program reserved for foreigners who invest at least $500,000 in an American enterprise.
It's a source of money that cash-starved developers across the U.S. are using to help fund any number of new projects — from ski resorts in Vermont to utility-line extensions for a new BMW plant in Moses Lake.
About $48 million in these investor funds will help finance the state of Washington's $4.6 billion replacement of the Highway 520 floating bridge.
The relative obscurity of the so-called EB-5 visa program has allowed it to escape scrutiny at a time debate over immigration in this country has raged.
As developers struggle to get traditional sources of funding for their projects, use of EB-5 capital is expanding and expected to total $1.2 billion nationally for 2011, up from $845 million last year.
The financiers are wealthy foreigners — primarily the Chinese — who see an opportunity to gain permanent U.S. residency without the long wait and complicated processing associated with family and work-related visas — if they can qualify for those visas at all.
"There's a kind of gold rush going on right now — developers trying to get projects going and a huge group of Chinese with money," said James Palmer, economic-development manager at the state Department of Commerce.
While the state is not directly involved in operating the EB-5 visa program, Palmer has made himself an expert of sorts, fielding frequent calls from area developers and would-be investors around the globe seeking information about the program. "It's a marriage made in heaven," he said.
Mu's investment is visible to anyone who has attended a game at Safeco Field: the second phase of a $155 million office complex going up just south of the stadium in Sodo.
"The first priority is securing the green card," Mu said through an interpreter. "Financial return of the capital is second."
Russian citizen Svetlana Anikeeva, along with her husband, invested $500,000 in an earlier phase of the same project. Now living in Redmond on a conditional green card she received about 16 months ago, Anikeeva can't help but feel a sense of pride when she drives past the building that her investment helped make possible.
"I tell people that being born in the U.S. itself is worth at least $500,000," she said.
Small-scale program
Capped at just 10,000 visas a year nationwide, the EB-5 visa program is relatively small, but offers one of the quickest paths to legal residency.
Overseen by the U.S. Citizenship and Immigration Services, it is one of several visa-for-cash programs worldwide, including one in Canada.
Congress established the U.S. program 20 years ago to allow foreign investors from any country who could prove the lawful source of their money to obtain conditional green cards for themselves and immediate family members. For the green cards to become permanent, each investment must have created at least 10 new, full-time jobs for legal U.S. residents by the end of two years.
Typically, foreigners invest $500,000 through entities known as regional centers — usually development companies such as American Life, which owns the Sodo office complex that Mu and Anikeeva invested in.
These centers may also operate as investment companies, like the Washington Regional Center, which used EB-5 funds from 95 Chinese investors to purchase state bonds for the 520 bridge project.
The investors have virtually no direct management involvement in the centers, which are authorized by Citizen and Immigration Services. The investors may live wherever they want in the U.S., regardless of the location of the project.
In 2007, there were just under 800 visa applicants and 11 regional centers nationwide. By the end of fiscal 2011, nearly five times that many foreigners had applied and 179 centers were operating — 11 in Washington state.
And new regional centers are coming onboard every day.
A virtual cottage industry has sprung up among marketing agents overseas who promote the centers while peddling U.S. residency to the wealthy.
The marketing frenzy is particularly prolific in China, where Mu said he is bombarded daily with sales pitches.
"There's no privacy protection here," he said. "If people know you have money, they'll contact you. Every day I still get calls, emails and text messages."
The program isn't without risk, and the U.S. government makes no guarantee to investors they'll get their money back and prohibits regional centers from making upfront promises about return of capital.
In the past, projects have failed and investors have lost their money. What's more, foreigners who've been allowed into the country through the program on a conditional green card face deportation if a project they invested in fails to meet the job-creation requirement after two years.
"Despite its many benefits and increasing popularity, the EB-5 program still presents serious risks," said Elizabeth Peng, a Mercer Island immigration attorney.
"I tell investors this is money they should be willing to lose, that if they can't afford the risk they shouldn't do it."
Doesn't mind risk
Svetlana Anikeeva understood the risks when she and her husband plunked down much of their savings two years ago in exchange for the chance to live in the U.S.
Since her first visit to America as an exchange student in 1995, Anikeeva said she knew this is where she wanted to live. Other types of visas were not available to her and her husband, who owns a car business in Japan. The EB-5, she said, was the perfect solution for the couple and their 11-year-old daughter.
She receives a monthly statement from American Life on the progress of the project and distributions of about $200.
"For us this was not a business opportunity, it's an immigration opportunity," Anikeeva said.
Immigration attorney-turned-developer Henry Liebman, chief executive of American Life, has raised about $700 million from more than 1,000 EB-5 investors and created about 15,000 jobs over the last dozen years.
In Sodo and across the U.S., his company — one of the country's oldest regional centers — has developed about 40 commercial projects by pooling foreign investments with other funding.
"It's not a huge source of capital, but it's still significant," Liebman said. "It's money that wouldn't otherwise be available in a time of limited liquidity."
Test ahead in Congress
The regional center EB-5 program, which has always operated as a pilot, is set to expire in September unless Congress renews it, as it has in the past.
At least two bills have been introduced to make it permanent, including one by U.S. Rep. Rick Larsen, D-Lake Stevens.
David North, a fellow at the Center for Immigration Studies, a Washington, D.C.-based think tank that advocates immigration enforcement, called it a "silly little program" with "extremely little effect" on the nation's economy.
Compared to total foreign investment in the U.S., he said, "it's pennies. If you talk to serious venture capitalists, they'll laugh at the idea of getting money in half-million chunks."
Seattle attorney Steve Miller said he steers clients away from the EB-5 program — both the regional-center track or a much smaller one that allows investors to set up and directly operate their own companies in the U.S. He says there are enough concerns to raise a "significant red flag."
Miller, for example, is working to remove conditions from the green card of a client who first obtained it more than 10 years ago.
That case dates back to the late 1990s, when uncertainty plagued the program. During that time, the then-Immigration and Naturalization Service discovered fraud, some of it resulting from ambiguity over the agency's own policies.
Some developers were taking investors' money without delivering projects and the jobs they promised, and some investors got green cards without making their full investments. As a result, hundreds of foreigners and their family members from that period still do not have permanent green cards.
Between the late 1990s and mid-2000s, participation in the program slowed. While the government has since clarified its policies regarding the program, Miller said he tries to explore other avenues for high-income clients willing to operate businesses in the U.S.
Wave of Chinese
As the number of wealthy Chinese has increased, so has their participation in the visa program. More than 40 percent of program investors are from China — far higher on the West Coast.
A recent study by China Merchants Bank and Bain & Co., a consulting firm, found almost 60 percent of China's "high net-worth individuals" — those with at least $1.5 million in assets — are either considering or completing emigration through investment programs.
Five years ago, it was Koreans, Taiwanese or people from across Europe, said Kim Foster, with the Aero-Space Port International Group, which established Washington's first regional center in Grant County.
Mercer Island immigration attorney Cletus Weber said his firm's Chinese clients tend to fall mostly into one of two categories: parents like Mu who want to move to the U.S. so their children can get a better education, or college students whose parents hand them $500,000 so they can set themselves up in the U.S.
Said his partner, attorney Peng: "As U.S. permanent residents, they have more doors open to them than if they came as foreign students."
Lornet Turnbull: 206-464-2420 or lturnbull@seattletimes.com. On Twitter: @turnbull




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