Left the work program now what?

[Bethlock]

My boyfriend left the work program that brought him here from Jamaica, he and 4 others left due to a verbal/emotional abuse situation, his permit technically expires mid December, but we are unsure if the company reported that he left… anyone have experience with a situation like this? Can he apply for a regular work permit? Or is there anything else we can do so he doesn’t have to go back home in December?

 

[canuck78]

My boyfriend left the work program that brought him here from Jamaica, he and 4 others left due to a verbal/emotional abuse situation, his permit technically expires mid December, but we are unsure if the company reported that he left… anyone have experience with a situation like this? Can he apply for a regular work permit? Or is there anything else we can do so he doesn’t have to go back home in December?

Is this the agricultural temporary work program? was there a specific situation that prompted him to leave now? If it is related to agriculture this is the end of the season so he would have worked for the full season and most agricultural jobs have essentially ended by now. Surprised that there would be work until December. Are the other employees still working until December or have they returned home already? Does he have another job offer where employer already has LMIA? Have you lived with your boyfriend for over a year? What is his education background and work history? How old is he?

 

[scylla]

My boyfriend left the work program that brought him here from Jamaica, he and 4 others left due to a verbal/emotional abuse situation, his permit technically expires mid December, but we are unsure if the company reported that he left… anyone have experience with a situation like this? Can he apply for a regular work permit? Or is there anything else we can do so he doesn’t have to go back home in December?

He can remain in Canada legally until his work permit expires. It doesn't matter if the company reported him or not.

Research the vulnerable worker open work permit. If there is evidence of abuse, then he may be able to obtain an open work permit to let him stay in Canada longer.

He can also look for a new employer who will give him a job offer and approved LMIA if required so that he can apply for a new closed work permit.

In terms of other options, there may be several depending on your status in Canada and if you are common law or willing to get married.

 

[Bethlock]

Is this the agricultural temporary work program? was there a specific situation that prompted him to leave now? If it is related to agriculture this is the end of the season so he would have worked for the full season and most agricultural jobs have essentially ended by now. Surprised that there would be work until December. Are the other employees still working until December or have they returned home already? Does he have another job offer where employer already has LMIA? Have you lived with your boyfriend for over a year? What is his education background and work history? How old is he?

he is 35 from Jamaica, i’m not sure exactly what it’s called but he came through the Jamaica farm work program. So I’m assuming it’s an agricultural thing. The visa expires December 15 of this year. No we have not lived together for a year, his program was in BC and I am in Ontario, he is currently living with me right now but only since the end of September so we are not considered common law. He has education in Electrician back home but it’s completely different over here so he would have to go back to school.

Basically what happened is the supervisor/boss picked on him and the couple other Jamaicans that were there in the program, he said there was a lot of racism going on, also the living conditions were disgusting. There are other employees that are still working.

 

[Bethlock]

He can remain in Canada legally until his work permit expires. It doesn't matter if the company reported him or not.

Research the vulnerable worker open work permit. If there is evidence of abuse, then he may be able to obtain an open work permit to let him stay in Canada longer.

He can also look for a new employer who will give him a job offer and approved LMIA if required so that he can apply for a new closed work permit.

In terms of other options, there may be several depending on your status in Canada and if you are common law or willing to get married.

thank you for the advice, I did a little research on the vulnerable worker permit, I think we might try that route. We are not common-law his program was in BC and I am in Ontario he has been living with me since the end of September when he left the program. I am a Canadian citizen was born here, and technically we could get married but I don’t want immigration to assume that we’re doing it just for the convenience of status as the only real proof we have of us being in a relationship is phone calls/text messages for the last year, and his plane ticket to Ontario. Just not sure if that would be enough?

 

[canuck78]

he is 35 from Jamaica, i’m not sure exactly what it’s called but he came through the Jamaica farm work program. So I’m assuming it’s an agricultural thing. The visa expires December 15 of this year. No we have not lived together for a year, his program was in BC and I am in Ontario, he is currently living with me right now but only since the end of September so we are not considered common law. He has education in Electrician back home but it’s completely different over here so he would have to go back to school.

Basically what happened is the supervisor/boss picked on him and the couple other Jamaicans that were there in the program, he said there was a lot of racism going on, also the living conditions were disgusting. There are other employees that are still working.

When did the farming season end and when did he leave? What type of crop? There are often a few workers that stay a bit later to winterize but most go home around September or at the latest October because of the risk of frost not a lot of farming goes on past that point. If he only left at the end of September the farming season may have already have been finished so it doesn’t look great that he didn’t apply much earlier in the season or even apply right after leaving. When was his ticket home booked for? Was it end of September or early October? Employer usually books the tickets for the workers. Although work permits may end in December workers usually leave earlier when the work ends because they want to go home to see their families and don’t want to keep spending money in Canada. Staying in Canada after coming to Canada on the temporary farm worker program is exceptionally hard. Workers typically are from Mexico and Jamaica. After every season many workers do try to remain in Canada. Having had a friend with a farm who hired workers from Mexico (most were return workers) the housing is pretty basic and on the farm because it is not used during the winter and workers want to save as much money as they can. They also spend minimal time in their bunkhouse. It is primarily for sleeping. There are certainly bad employers like every industry. Based on my experience many of the farm workers were known to get Canadian girlfriends while having a family back home. Some were not very upfront with the girlfriends that they had families back home. That wasn’t the case for all of them but it was certainly not an uncommon situation. Does he have proof of the racism? Recording, texts, etc. Does he have pictures of the bunkhouse? What was disgusting about it? Was there running water, plumbing, access to cooking facilities, etc.? Were the conditions poor because of the housing or due to his roommates? A group of men living together doing hard labour and not doing a ton of cleaning doesn’t always lead the the best living conditions. Does he have pictures or videos showing the conditions? Has he worked for the employer for a number of years? How long did he work for the employer before leaving? How did you meet if you live in Ontario? How long have you been dating? Assume this started online was this on a dating website? Was he already in Canada? Is the first time you met in person when he came to live with you? The fact that you are unaware of what program he participated in is quite concerning. Did you buy his plane ticket? Does he have a family in Jamaica? Many do have partners and children and come to Canada for half the year to support their family for the full year. I hope you are also being cautious if you have only been texting and talking to this guy. Please set some boundaries when it comes to your finances and funding his life in Canada, please don’t get married quickly so he can stay in the country, get concrete proof about his life in Jamaica, his finances, ask for concrete proof about his time on the farm and conditions like photos/videos, etc. Having known people who have grown up in farming communities I have heard some real nightmares. Many people are desperate to remain in Canada and take advantage of mostly women. There are certainly some nice guys and some nice guys that come to Canada to work then return to their families but that is not always the case. IRCC will also want to see concrete proof so it is a good idea to start gathering evidence.

 

[Bethlock]

Thank you for your concern and warnings, yes I am aware that many come here looking for a girlfriend so they can stay. I’ve known him for over 3 years, we have been friends for years and the last 9 months or so decided to start dating. I know his whole family, I’m not concerned about a wife/girlfriend back home. He does have full custody of his 2 boys that we are hoping to bring when we figure his stuff out (they currently live with his father)

 

[canuck78]

Thank you for your concern and warnings, yes I am aware that many come here looking for a girlfriend so they can stay. I’ve known him for over 3 years, we have been friends for years and the last 9 months or so decided to start dating. I know his whole family, I’m not concerned about a wife/girlfriend back home. He does have full custody of his 2 boys that we are hoping to bring when we figure his stuff out (they currently live with his father)

Would suggest that he meet with a lawyer to go over the proof that he has of employer mistreatment and bad living conditions. Once he files for this special WP he would likely have trouble ever coming back to Canada on a temporary basis so it’s important that he be sure he would be approved. A lawyer would be able to review the proof he has such as whether the living conditions were disgusting due to the workers not cleaning or that the housing provided was unacceptable for 3 season living. Things like when his flight home was scheduled (unlikely to have been mid-December) and why he chose to leave only at the end of the farming season would also be something that he needs to reviewed with the lawyer. If his flight home was scheduled in early October and he left the job and flew to Ontario at the end of September appears very different than if he had left in July mid farming season because conditions were not tolerable, faced mistreatment, faced discrimination, etc. The optics are not great that he only left after his job was essentially over for the season. Did any of the workers report the abuse or poor living standards to the authorities, a doctor, any of the toll free numbers availablehttps://www.canada.ca/en/employment-social-development/services/foreign-workers/protected-rights.html, etc? Did any of the 4 workers leave before the end of the season? Do any of them have their own proof of mistreatment? Did other workers leave during the season in previous years? Had their been previous complaints to the government about mistreatment, living conditions, etc. These are the types of things that will be helpful to prove mistreatment, poor living conditions, etc.

The fact that he was in a relatively new long distance relationship with a Canadian is another thing that doesn’t look great. There could be concerns that he wants to remain in Canada to spend time with his partner in person because you have not spent any time together during your relationship. The optics are just not great so it will really come down to the concrete proof he can provide. Anything immigration has longterm impacts not only in Canada but with countries that share immigration information with Canada so a good lawyer would be able to give you the best guidance. Would avoid any immigration lawyer that guarantees success and is just interested in money. You should hopefully be able to get a consultation with a lawyer that gives honest advice. A consultation should be enough to get some advice. Have you looked at the evidence he has? I would be preparing and saving all the evidence he has. Reaching out to other workers to gather any proof they have to add to his evidence, etc. I would also suggest that you both look at all the other economic immigration programs to see if he would qualify for any of them. For most economic immigration programs you do have to have status in Canada to qualify or be out of the country so that is one of the problems. Technically you can sponsor a spouse or common law partner even if they are living in Canada illegally but given that you have minimal in person relationship time it would not be advisable to get married right away.