Temporary Foreign Worker program sees 68% jump in approvals 

2023/04/01 Leave a comment

The absence of temporary residents from the annual departmental immigration plan becomes more and more untenable given how temporary workers and students form a larger number than new Permanent Residents, particularly given the impact on housing availability and affordability, healthcare and infrastructure:

Employers in Canada were approved to fill more than 220,000 positions through the Temporary Foreign Worker program last year, taking advantage of government decisions that broadened access to migrant labour.

TFW approvals jumped 68 per cent from 2021, according to a Globe and Mail analysis of figures recently published by Employment and Social Development Canada. Over the final three months of 2022, companies were authorized to hire nearly 69,000 positions through the TFW program – the most in a quarter since at least 2017.

The numbers reflect part of the hiring process: Foreign workers still need to get the appropriate permits to fill those positions.

Even so, the ESDC figures show that employer demand for temporary foreign labour is soaring at a time of near-record-low unemployment rates and elevated job vacancies.

Companies also benefited from an overhaul of the TFW program last spring, when the federal government increased employers’ access to low-wage labour, among other changes.

As businesses rush to use the TFW program, Canada is experiencing the largest population gains in decades. The country grew by slightly more than one million people in 2022, a 2.7-per-cent increase that was the most since 1957, according to a recent Statistics Canada report.

Temporary immigration was the primary driver of growth. In 2022, the number of non-permanent residents jumped by around 600,000 on a net basis, a record increase. This group includes international students, along with those temporary workers whose permits are issued outside of the TFW program.

In its report, Statscan said the federal government is deliberately courting more immigrants to boost the supply of labour as the country ages. However, the agency also noted: “A rise in the number of permanent and temporary immigrants could also represent additional challenges for some regions of the country related to housing, infrastructure and transportation, and service delivery to the population.”

In the fourth quarter, farms and food-processing plants were the largest sources of TFW approvals, which is usually the case. Over all, nearly 25,000 roles as general farm workers were authorized to be filled. Procyk Farms Ltd., of Wilsonville, Ont., received 599 approvals in the quarter, the most of any company.

Collectively, the restaurant industry was approved to hire thousands of people, including more than 3,100 cooks. Those employers included franchisees of Tim Hortons and McDonald’s Corp.

Other high-demand roles included truck drivers, construction workers and nurse aides.

The federal government said the expansion of the TFW program was meant to address a shortage of workers, something that companies have openly complained about for years.

In one of last year’s changes, companies are now able to employ 20 per cent of their staff through the low-wage stream of the TFW program, up from a previous 10-per-cent cap for most employers. In seven sectors with “demonstrated labour shortages,” such as restaurants and construction, the limit was temporarily set to 30 per cent. Earlier this week, Ottawa extended the 30-per-cent cap until late October.

However, many economists have criticized those moves, saying it helps companies avoid paying higher wages, and that it could lead to the exploitation of migrant workers, whose immigration status is tied to their employer.

“Unfortunately, we increasingly have a system where our temporary and permanent immigration systems are focused on the same objective – satisfying employers’ current labour needs,” economists Parisa Mahboubi and Mikal Skuterud wrote in a recent memo for the C.D. Howe Institute. “The risk is that the overall immigration system fails to do anything well.”

To hire a TFW, a company must submit a Labour Market Impact Assessment to the federal government, showing that they can’t find local workers to fill their open jobs. The ESDC figures refer to the number of roles that received positive assessments.

Most temporary foreign workers in Canada are not employed through the TFW program. At the end of 2022, there were more than one million active work permits in the International Mobility Program. This group includes a range of workers, such as company transfers from abroad. IMP permits have jumped by 193 per cent over the previous decade.

International students, who mostly don’t need work permits to secure employment in Canada, are a rapidly growing part of the labour force. At the end of last year, there were slightly more than 800,000 active study permits – nearly triple the volume from 10 years earlier.

Source: Temporary Foreign Worker program sees 68% jump in approvals

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Lawyer versus consultant? Immigration data shows visa applicants have best shot with former

2018/12/12 Leave a comment

There may also be some selection bias involved (e.g., nationals who engage lawyers may be stronger candidates for visa approvals):

Foreign nationals who prepare their own Canadian visa applications are nearly as successful in being accepted as those who spend money on a consultant to do the job.

But chances of success are much higher if they hire an immigration lawyer to help get their study, work or visitor visas, according to immigration data obtained under an access to information request.

Canada received 342,154 temporary resident applications in 2017, the data shows. While 86 per cent of applicants declared themselves as self-represented, 6 per cent were represented by consultants and another 5 per cent by lawyers. The remaining 3 per cent hired Quebec notaries or used “non-remunerated” representatives.

Overall, 18.9 per cent of the applications were rejected. Those who prepared their own applications had a 19.3 per cent refusal rate, slightly higher than the 18 per cent among those who paid a consultant to do it.

In contrast, only 10.4 per cent of applications prepared by a lawyer were rejected. The refusal rates for applications prepared by Quebec notaries and unpaid representatives were 13.1 per cent and 10.1 per cent respectively.

Marina Sedai, chair of the immigration section of the Canadian Bar Association, said she wasn’t surprised lawyers had the highest success rate.

“Canadian lawyers’ rigorous education, legal analysis skills, and high ethical standards enforced by an effective regulator, have long been understood to result in better outcomes,” Sedai said.

“Lawyers’ culture of the law being a calling rather than a business means that although lawyers will often take the tough cases, they will also protect clients by advising them against hopeless cases.”

When it comes to the lower success rate for consultants, lawyers are quick to point out that group has lower educational requirements and a less robust regulatory regime than lawyers. For their part, consultants say the immigration data is too general and doesn’t give the full picture.

“It is based on the flawed assumption that all applications are equally complex. In reality, applications completed by unpaid representatives may be far simpler, thus having a much higher chance of success,” said the Canadian Association of Professional Immigration Consultants in a statement to the Star.

Currently, licensed immigration consultants must meet a minimum language requirement and graduate from an accredited immigration practitioner program, which takes about a year to complete full time. While only about 1,000 lawyers practise immigration law, there are five times more licensed consultants in Canada.

“Immigration lawyers typically have completed a four-year bachelor’s degree before undergoing a very competitive process for admission to law school. Law school degrees take three years to complete and are also no cakewalk. Then there is the bar admissions course which must be passed, the articling process, etcetera,” said Toronto immigration lawyer Ravi Jain.

“Many immigration consultants have only completed online courses at a community college. The education and training is just not comparable.”

The immigration consultants’ association, which has more than 2,000 members, said it’s pleased more people are using consultants and believed that’s due to the generally higher fees charged by their lawyer counterparts.

Regulatory bodies for lawyers and consultants do not mandate how much their members can charge clients, but fees can range from hundreds to thousands of dollars.

Jain, who is also vice chair of the bar association’s immigration division, said the success rate for lawyers would likely be even higher if not for the fact lawyers often take up very difficult and complex cases.

“A lot of my clients come to me after they have gone to a consultant or tried on their own,” Jain said, adding many are reluctant to lodge a complaint against their former consultant and prefer just to have him reapply.

“It’s much more difficult to obtain approvals when applications have already been refused,” he added.

Source: Lawyer versus consultant? Immigration data shows visa applicants have best shot with former

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