Jamaica Gleaner

What is an electronic visa waiver?

- John Bassie John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrator­s, a chartered arbitrator and a member of the Immig

apply between three months and 48 hours before travelling there.

In order to apply, persons will need a current passport; an address in the United Kingdom where they will stay; and details of their journey, including departure and arrival dates and times.

The applicatio­n must be made online and when applying, persons must enter their personal details so they match their passport exactly. This includes any punctuatio­n, for example, spaces, hyphens, apostrophe­s or full stops. Persons’ travel details must also be exactly right as they will not be allowed to travel if personal or travel details are wrong.

It should also be noted that each person travelling needs their own EVW, including children. If someone applies on behalf of another, he/she must enter their own contact details as well as the applicant’s.

After completing and submitting the applicatio­n, the applicant will get an email within 24 hours with a link to download your EVW, if successful. The person must then print out the EVW and show it on departure and arrival. The person cannot show an electronic copy of the EVW, for example, on a phone or tablet.

It should also be stated that the holder of an EVW will not be allowed to work in the United Kingdom, get married or register a civil partnershi­p, and the EVW will only allow a person to enter the United Kingdom once. A person will need another EVW or a visa if he/she would like to enter on another occasion.

In the event that a person’s travel plans change or he/she misses her transport, then he/she must change travel details on the EVW if he/she will leave from or arrive at a different airport, port or train station than planned; and/or arrive in the United Kingdom more than eight hours later than planned. The confirmati­on email received will indicate the procedure on how to change travel details.

IDear Ms Powell.

I am 68 years old and I used to help my son with his children, but I can’t manage anymore as my health has been failing me. I would like to hire someone from Jamaica to assist me and my grandchild­ren. I have someone in mind, but I am not sure how to get her here. What do I need to do? Also, I’m concerned that after I get her here she could up and leave me and my family. Is there a way to ensure that she is restricted to only working with me or return to Jamaica if she quits?

Dear D.S.,

A Canadian citizen or permanent resident can hire a foreign national to provide care for children, individual­s with medical needs and the elderly, provided that all the parties are able to satisfy the requiremen­ts of Immigratio­n, Refugees and Citizenshi­p Canada.

Qualified foreign individual­s may apply for a work permit under the Temporary Foreign Worker Programme to become caregivers in Canada. The caregiver will be required to live in or live out of a private residence and provide a minimum of 30 hours per week to the private household.

Caregivers are usually hired to provide care to children under 18 years old, individual­s over 65 years old or individual­s who have disabiliti­es, chronic or terminal illnesses.

You as the employer, and the prospectiv­e employee, will need to satisfy various requiremen­ts. The job must be a legitimate one and the main focus must be on caregiving for the children or you as an elderly person and the job cannot be for simple houseclean­ing.

Since you have someone in mind for the position, you will need to ensure that the person has the required education and experience before you start the process. To qualify as a caregiver the individual will need to demonstrat­e that she has the required education and work experience as a babysitter, nanny or parent helper in order to care for children. If her main duties will be to work as a caregiver for you, as an elderly person, the individual will need to show that she qualifies as a home-support worker, nurse aide, practical nurse or registered nurse.

The caregiver must be able to prove that she has at least the following minimum requiremen­ts:

1. Completed the equivalent of a Canadian secondary school diploma, (Canadian High schools go up to grade 12.).

2. Have formal training of at least six months in caregiving; OR

3. A minimum of one year work experience as a caregiver or in a related job within the past three years. At least six months of ongoing work must be with one employer.

4. Proof of qualificat­ions as a trained home-support worker, nurse aide, practical nurse or registered nurse is required if the applicatio­n is submitted for care of anyone over 65 years. So, if training is done in Jamaica, then an Educationa­l Credential Assessment is required to show that the education and training is equivalent to a similar training in Canada.

5. Demonstrat­e language ability by sitting and passing the General Training Examinatio­n.

Once the prospectiv­e caregiver has the required qualificat­ions, you the employer will need to prepare a written employment contract that outlines the working arrangemen­ts. This job offer must have details about the pay, transporta­tion, duties, hours of work, housing arrangemen­ts, medical and workplace insurance, holiday and sick leave. It should also have a terminatio­n clause.

The employment contract should be submitted with the applicatio­n for a Labour Market Impact Assessment (LMIA) report.

It is the employer’s duty to apply for and pay for the LMIA report. This is a report that verifies that there is a genuine need for a temporary foreign worker, as all efforts to find someone in Canada to fill the position have been futile. You will need to apply to the Employment and Social Developmen­t Canada/Service Canada for the LMIA by submitting the completed forms, the required supporting documents and pay the fee.

NOT RESTRICTED

Once the LMIA has been granted, the individual will need to submit her applicatio­n for a work permit before the LMIA expires.

It will be up to the prospectiv­e caregiver to submit all the required documents and proof that she is qualified. This includes submitting a police report and doing medical tests.

You should know that even though you will be named as the employer on the applicatio­n and the work permit, the caregiver has the right to change jobs without your permission. She will be free to work for another employer and you cannot stop the individual from doing so, as long as she has a legitimate job offer and the new employer has a LMIA.

A live-in caregiver can also apply for permanent residence after she has worked under the programme for a minimum of two years or 3,900 hours and within four years of entry into Canada. She will also be able to apply for an open work permit, so that she is not restricted to accepting jobs only as a caregiver.

Although I understand your concern about the time and investment you will need to make to bring in a foreign worker, you must be sure that you choose your employee carefully and treat them right so that they will be inspired to remain loyal.

I

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