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Dangerous Brazilian Au-Pair???

Dangerous Brazilian Au-Pair???

An unbelievable story emerged on Thursday about a 24 year old Brazilian ex-Au pair that wanted to visit her former host family and instead was put into prison.

Paloma Aparezida Silva-Carvalho from Sao Paulo was in Switzerland to visit her boy friend and then had planned to come to Ireland to visit her former host family in Galway. She had worked here before as an au pair for 18 months in 2015/2016 and now intended to come back to stay with the family for 2 months. Immigration officers at Dublin airport, however, were convinced that she wanted to enter the country to work illegally and therefore arrested her and out her in prison where she was strip searched and locked in a cell overnight. :-O

The host family was contacted and confirmed that she was expected to come for holidays, but the immigration officers still decided to send her to prison and told her that she would be sent back to Switzerland the next day.

Now the information in the newspapers doesn’t seem to be fully congruent and the Independent and the Irish Times have told the the story in slightly different ways and have changed the story during the day, but here are some details that were reported:
1) Brazilian citizens do not need a visa to visit Ireland as long as they will stay less than 90 days
2) Paloma had a booked return flight and had EUR 1000 cash with her, so there was plenty of money and clear intention to leave

The EUR 1000 was not mentioned anymore in a later version of the Irish Times story. Also in an earlier version the Irish Times reported that the former Au Pair had decided to leave Ireland immediately once she got released from prison with a permission to stay for just 10 days. But a later version explained that the family actually did collect her and the 10 days reference wasn’t there anymore.

Sooo, we don’t know all the details by the looks of it and even the newspapers don’t really seem to know, but what must have happened there?

A young woman arrives from a foreign country. She worked here before and now came without a work permit. But she planned to stay for a relatively long period of time (2 months) and school holidays are also that long, so there is a possibility that she will look after the kids of the host family during that time. And there is a possibility that the host family will give her some pocket money or even pay her some proper salary. Yes, all this is possible, but it is also possible that food and bed would have been the only pay OR that she was not expected to WORK.

Let’s assume for a moment that the arrangement was that the girl will look after the kids and will get a bit of money for it. Yes, strictly speaking this is work and she needs a work visa. But come-on, are we THAT petty about it now? That girl would not have damaged the Irish economy nor would she have taken another person’s job, not would she have to pay any taxes because over the year the bit of money would have been to low to get her in the claws of the revenue commissioner. So I really think the immigration officers totally overreacted because there is the definite possibility that no employment or formal work was planned.

Sure rules are rules and an immigration officer doesn’t have the power to interpret the rules, he/she just has to apply them. But let’s be honest, they INTERPRET rules every single day and in this case they interpreted the rules unnecessarily strict.

I hope Paloma Aparezida Silva-Carvalho will have a good time in Ireland and I hope she will get a nice bit of pocket money from the family when she leaves and if she looks after the kids. But I think we should apologise to her for a totally unreasonable treatment and the responsible immigration officer should be sent on a humanity training course!

P.S: And here is another story that was reported on the SAME day: A 24 year old guy met an 18 year old Spanish girl in town. They spent some time together, but later he allegedly held her against her will and repeatedly raped her on the former Irish Glass Bottle site near Irishtown over two days. The guy is already on bail for some serious public order crime awaiting a trial, but after he was interviewed by the police, they released him with no criminal charges brought against him, but inquiries will continue.

So a totally harmless and innocent Brazilian girl who wants to visit an upstanding family will be thrown into jail because she MIGHT work here, but a guy that might have raped a girl and who is awaiting trial for a serious public order offence is free to roam the streets. WTF!?!?!?!

 

The end of the Au Pair in Ireland?

The end of the Au Pair in Ireland?

Over the last 10-15 years I have met and talked to Au Pairs from many countries (e.g. Germany, Spain, France, Italy, Brazil and Mexico). In all cases, they have stayed in Ireland for 1-3 years, are still in contact with their host family, did come back numerous times, brought many friends with them when they came back and would have liked to send their children in a few years time to Ireland too. They all arrived with very limited English skills and left with a good command of the language, the culture and a love for Ireland.

Their host families were fair, gave them plenty of time off, good food, proper accommodation, in some cases even holidays away and while the work was not always easy, especially if you are not trained in child minding, they all look back to their time in Ireland as deeply enriching, extremely educational and with a massive influence on their lives since they were here for all the right reasons.

The positive experience by the Au Pairs I met is, however, contrasted by some horror stories of host families from hell and it seems that there are more than we would like to think. In these bad scenarios, the Au Pair was stuck in a place far away from a language school or other au pairs, had limited opportunities or permission to leave the home during the week and was tasked with so much work or soo many young children that they despaired and in all cases left the host family to go to a new and much more considerate family.

So, yes, there are bad apples among the au pair host parents, but it seems that the vast majority does not belong in this category. And because leaving a family doesn’t seem to be the biggest problem, a solution was found in ALL cases.

During the week, a different case got a LOT of media attention.

A Spanish Au Pair was seemingly in a family that demanded more from her than typically should be expected from an Au Pair. An Au Pair is expected to work up to 35 hours per week in the family, mainly looking after the children and often some household chores are also added to it. In return they get accommodation, food and pocket money of around EUR 400 per month. This is not a huge amount and with Dublin prices won’t allow you to live in luxury, but is more than some families have left over at the end of the month in Dublin.

The Spanish Au Pair was given more work than that and less free time. She was from August 2014 until January 2015 in that host family and at times just worked 30 hours, but for a short period of time in November, she was looking after the children for up to 11 hours per day, for 6 days per week when one of the parents was away. In return she got double the pocket money (EUR 200) and if you do the calculation (she got 100 Euro more for 36 hours of work more than in other weeks), then she got the extremely low salary of EUR 2.77 per hour.

That’s not enough and there is no question that the family should have paid her more during that period. However, the Spanish Au Pair decided to go to the Workplace Relations Commission (WRC; in the past this was called the Labour Court) to complain about the slave work. She won the case, the family paid her EUR 9229 and now it looks as she single-handedly triggered the end of the Au Pairs in Ireland.

The WRC decided that she should have received at least a minimum salary, BUT also that the maximum value the accommodation and food can be given is EUR 54.13 per week. Maybe the WRC needs to check where in Dublin you can get an own room with all bills paid and food included for EUR 216.52 per month?

There are 20,000 (!!!) Au Pairs in Ireland every year and as a result of that ruling, it seems that many families have decided already to end their relationship with their Au Pair, because they fear that they will have to pay thousands in salaries. And therefore, this probably is the start of the end of Au Pairs in Ireland.

But let me be straight: The abuse of a relatively vulnerable position of an Au Pair in a family is not and should never be acceptable, so 30 hours for EUR 100 is NOT ok. However, if we assume the Au Pair works 30 hours per week, so 120 hours per month and is an untrained worker in the first year of the job (most come directly after school), then the lower minimum salary rate of EUR 7.32 applies and therefore a monthly salary of EUR 878.40 would have to be paid. Now let’s subtract the REAL value of accommodation and food of maybe EUR 400 per month and then we have EUR 478.40 left. Divide it by 4 weeks and surprisingly you arrive at EUR 120, which is not that far away from the EUR 100.

So, instead of killing the Au Pair opportunity for foreign young adults, it should be formalised (as it is the case in the UK) and clear guidelines should be providd. If it was limited to 30 hours per week of light work with a weekly pocket money of EUR 150 would that not be an acceptable compromise?

The Migrants Rights Centre Ireland (MRCI), who worked on this case on behalf of the Spanish Au Pair, and the WRC don’t seem to think so, but from my chats with Au Pairs in good families, they are NOT helping the young adults who want to experience Ireland and learn English for a few months or the (good) families who are happy to reward and respect their Au Pair in an appropriate way, but don’t want to get into becoming employers.

It feels as part from that one Spanish Au Pair, everybody involved is a loser since this case has been decided.

 
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