Immigration Newsweek
By Atty. Henry Moyal
Q. I’m a Canadian Citizen who is seeking to hire a lady from the Philippines to care for my children. The LMIA in Canada has already been approved. The caregiver that I want to hire in the Philippines is working with an agency there and they sent me the paperwork to take to the Philippine Labour Office in Toronto (POLO) for verification. I took the paperwork to POLO but the POEA has rejected the paperwork. The agency has said that a foreign placement company must be involved. I am confused to why I need to hire an agency when I have the LMIA and I also don’t understand why the paperwork is being rejected.?
A. It has never been a problem to have the POLO and POEA coordinate their requirements to facilitate workers going overseas for work. It has always been a simple and routine transition to get POLO to authenticate the documents for POEA approval. It seems that nowadays, everyone is confused. I did some research and it seems the root of the confusion is due to the new POEA Memorandum Circular No. 05 Series 2018 that was released on March 22, 2018. Pursuant to Republic Act No. 8042 in conjunction with the new circular, there are new requirements that must be adhered to regarding verification by POLO. The following are the instructions as per section A:
The following documents shall be submitted to the Philippine Overseas Labour Office by the employer for authentication by the Philippine Embassy/Consulate:
1. A copy of the formal arrangement between the individual direct employer and the designated Philippine recruitment agency on the hiring of a household service worker
2. Employer profile with the complete address and contact information, proof of capacity to employ and pay wages, number of persons in the household
3. Certification from their local police that the employer or any of the immediate family members has no criminal record and has not been implicated in any case of abuse
4. Employment contract emphasizing the superior terms and conditions of employment
5. Visa or work permit or similar document such as labor market impact assessment from Service Canada
6. Contingency plan by the employer (Middle East countries)
Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193
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