A Filipina nanny is flying home Wednesday night because of what she claims is a mistake by Immigration Canada.

Ottawa issued Teresita Seradilla a visa to work as a live-in caregiver, but when she applied for Canadian residency the application was turned down.

It turns out the 40-year-old nanny was supposed to have left the country before applying for the caregiver visa.

Val Cottreau, Seradilla’s employer in Airdrie, Alta., says they are now caught in a maze of red tape.

“It's very confusing and a very convoluted system,” she said. "There is a lot of confusion there and false hope for both of us.”

Raj Sharma, an immigration lawyer who has dealt with similar cases, says Immigration Canada makes mistakes “left right and centre.”

"How can you blame someone who applied for this work permit as per the rules and regulations from within Canada,” he said.

“The work permit was issued and now they're saying, ‘No, you did it wrong.’”

Seradilla supports her family in the Phillipines and said her father will be unable to receive dialysis without the money she sends home each month.

"In a month my father will die," she said.

Seradilla is hoping for a last minute reprieve. Immigration Canada is expected to issue a statement on Wednesday.