Border bill would create ‘in limbo’ foreign residents, refugee groups say 

Usual critique by advocates, with no analysis of numbers likely to be affected or recognition of previous abuses:

A federal crackdown on asylum claims would create a new “in limbo” class of foreign residents who couldn’t be returned home but who would be barred from asylum hearings and unable to work in Canada, refugee groups say.

They are warning government officials that the Strong Borders Act, which was introduced before MPs went on summer break, would lead to people living without status in Canada if their home countries are deemed too dangerous for them to be returned to.

The legislation, also known as Bill C-2, would tighten up Canada’s immigration and asylum system, barring people who arrived in Canada more than a year ago from having an asylum claim heard by the independent Immigration and Refugee Board. Applicants to the IRB can qualify for work permits and health coverage while they wait for assessments. 

The restriction would apply to people who entered the country after June 24, 2020, even if they have since left and returned.

Bill C-2 would also prevent people who crossed the U.S. border illegally from claiming asylum if they have been in Canada for at least 14 days, which is currently permitted under a provision of the Safe Third Country Agreement with the United States….

Source: Border bill would create ‘in limbo’ foreign residents, refugee groups say

Human-rights groups outraged at plan to detain immigrants in federal prison

Expected:

Human-rights groups are expressing outrage at government plans to lock up immigrants who have not been convicted of a crime in federal prisons.

Tuesday’s federal budget proposes changes to the law to allow people facing deportation deemed to be high risk – including posing a potential flight risk or a threat to public safety – to be incarcerated in federal prison.

The move follows the decision by provinces to end immigration-detention agreements with the Canada Border Services Agency (CBSA) to house immigrants in their jails this year…

Source: Human-rights groups outraged at plan to detain immigrants in federal prison

And the Minister’s response:

Immigration Minister Marc Miller confirmed to Radio-Canada that the federal government will be using its penitentiaries to hold some foreign nationals for immigration purposes.

He said those detainees will be separated from the prison population, but that both groups could be sharing services.

“It would be separate housing and it would not be in the general population, because they are not criminals,” Miller said, following Radio-Canada’s story on the government’s proposal buried at the bottom of the federal budget tabled Tuesday.

The Trudeau government wrote it wants to “enable the use of federal correctional facilities for the purpose of high-risk immigration detention.”

The statement has angered human rights organizations, some calling the plan “completely unacceptable,” as reported by Radio-Canada Wednesday.

Source: Immigration minister responds to critics over plan to detain migrants in penitentiaries

Canada’s Foreign Student Surge Prompts Changes, and Anxiety

Makes The New York Times but broader range of expert views missing:

The education consultant in India didn’t reveal to Maninderjit Kaur, a Canada-bound student, where exactly, relative to Toronto, the college she had enrolled in was.

Ms. Kaur told my colleague, Norimitsu Onishi, that after a never-ending Uber ride — eight hours and 800 Canadian dollars later — she had ended up in Timmins, Ontario, a place she had never heard of.

But, as Nori reported, finishing a degree in this remote city was perhaps less of an isolating experience given that 82 percent of students at Northern College in Timmins are foreign nationals, mostly from India.

Recruiting foreign students who pay higher tuition fees — roughly five times as much as Canadians to obtain an undergraduate degree, according to the census agency — has always been attractive to the country’s institutions. It has also become increasingly important for the federal government, which is vying to hit a lofty goal of attracting 1.45 million immigrants between 2023 and 2025.

By announcing this record-breaking target in November 2022, as part of a strategy to plug national labor shortages, Canada signaled that it was headed in the opposite direction from many Western governments that are curtailing migration, as I reported at the time. (As of this week, most foreign students in Britain will no longer be allowed to bring their families, a move that the country’s Home Office said delivered on its commitment to “a decisive cut in migration.”)

In Canada, the surge of overseas students has fanned concerns about the readiness of university and college communities to adequately host them, and about efforts to ensure that their labor and their finances are not exploited. The immigration minister, Marc Miller, recently announced a handful of measures taking effect this month for foreign students.

For the first time since the early 2000s, the government has increased the savings threshold that foreign students must have to qualify for a study permit to about 20,600 Canadian dollars, up from 10,000 dollars. And it will continue, until at least April, to allow international students to work more than 20 hours per week, a policy it had previously walked back.

Without providing details, Mr. Miller’s ministry said it was also looking into ways that it could ensure colleges and universities, which are provincially regulated, accept only as many students as they can assist in finding housing.

“Ahead of September 2024, we are prepared to take necessary measures, including significantly limiting visas, to ensure that designated learning institutions provide adequate and sufficient student supports,” Mr. Miller said last month at a news conference in which he announced the changes. He accused some institutions of operating the “diploma equivalent of puppy mills,” depriving those foreign students of a positive academic experience in the face of outsize hardships and a lack of intervention by provincial governments.Continue reading the main story

“Enough is enough,” Mr. Miller added. “If provinces and territories cannot do this, we will do it for them, and they will not like the bluntness of the instruments that we use.”

The number of international students in Canada has skyrocketed over the last three years, with a 60 percent increase in the number of study permits processed by the immigration ministry. It completed more than one million new study permit applications and extensions in 2023, a record, up from 838,000 in 2022 and 560,000 in 2021.

Study permits aren’t strictly capped, but permanent residencies do adhere to annual quotas. In 2022, Canada welcomed about 432,000 permanent residents, and of those, 95,000 were previously international students, according to a September 2023 report by four Canadian senators urging the government to address “program integrity issues.” Those include an increasing perception that aiming for a Canadian degree is a sure pathway to citizenship.

“It’s not a pathway — it’s a minefield,” said Syed Hussan, executive director of the Migrant Workers Alliance for Change, a migrant-led organization, similar to a union, based in Toronto.

He characterized the changes as minor “tweaks” to a system that was probably due for an overhaul.

“We’re constantly hearing issues around high tuition fees, difficulty being able to get permanent resident status, exploitation of work and exploitation by landlords,” Mr. Hussan said.Continue reading the main story

Placing firm caps on student permits is not the answer, said Anna Triandafyllidou, a migration researcher and professor at Toronto Metropolitan University, but she added that the government should do a better job of regulating migrant flow to avoid stoking “cutthroat” competition to stay in Canada.

“Otherwise you create this huge bottleneck where you admit 600,000 international students, but these have to compete with everyone else for 450,000 permanent residence permits,” she said.

It is becoming more common for migrants to spend some time living in the country before becoming permanent residents, a process known as two-step immigration, which is seen almost as a taboo in Canada, Professor Triandafyllidou told me.

Canada should recognize it has “a two-step system and just make sure that it works properly,” she said.

Source: Canada’s Foreign Student Surge Prompts Changes, and Anxiety

Miller to provinces: If you can’t fix international student rackets then feds will

Some stronger messaging from the feds:

The federal government is prepared to crack down on dubious post-secondary institutions that recruit international students if provinces aren’t up to the task, Immigration Minister Marc Miller warned Friday.

Miller made the comments as he announced new rules to curb fraud and “bad actors” in the international student program, following an investigation this summer into more than 100 cases involving fake admission letters.

Provinces are responsible for accrediting schools that can accept international students, which include both public universities and colleges as well as private institutions.

In his final months in the role former immigration minister Sean Fraser raised concerns about the number of private colleges in strip malls and other venues that rely on international student tuition, but in some cases offer a meagre education in return.

Several advocacy groups, including the Migrant Workers Alliance for Change have highlighted cases of student exploitation by some of those intuitions.

Miller said Friday the international school program has created an ecosystem that is “rife with perverse incentives,” and that is very lucrative for the institutions and for provinces that have underfunded their post-secondary schools,

“The federal government is coming forward and opening its arms to our provincial partners, territorial partners, to make sure we all do our jobs properly,” Miller said at a press conference at Sheraton College in Brampton, Ont. Friday.

“If that job can’t be done, the federal government is prepared to do it.”

The immigration department counted 800,000 active study permits at the end of 2022, a 170 per cent increase over the last decade.

“What we are seeing in the ecosystem is one that has been chasing after short term gain, without looking at the long term pain. And we need to reverse that trend. But it will take time,” he said.

Ontario in particular has “challenges” when it comes to the accreditation of post-secondary intuitions, but it is not the only one. Miller did not elaborate on what those specific challenges are.

The Ontario Ministry of Colleges and Universities did not answer specific questions, but said in a statement the provincial government will “again ask for a meeting with the new federal minister to discuss the planned changes once they’ve been communicated with ministry.”

Sarom Rho, an organizer with the Migrant Workers Alliance for Change, said the “fly-by-night colleges” are sometimes partnered with public institutions. But even those can be exploitative, she said.

She said she is working with a group of students who paid tuition up front to one of those intuitions, but were asked for more money just weeks before class enrolment began.

“The school said, ‘Well, if you don’t have the money, you can go back home, earn some and come back,'” Rho said Friday.

She said the federal government must take up the accreditation of colleges and universities that accept international students.

“They are aware of the substandard nature of these institutions, these fly-by-night private colleges,” she said.

Also on Friday Miller announced new rules in the federal government’s jurisdiction to address fraud and “bad actors” in the international student program.

Miller’s department plans to set up a system to recognize post-secondary schools that have higher standards for services, supports and outcomes for international students in time for the next fall semester.

The standards could include adequate access to housing, mental health services, and a lower ratio of international to Canadian students, Miller said, though the criteria hasn’t been finalized.

Details about how exactly recognized schools and institutions would benefit under the new system will be released later, the minister said. As an example, he said applicants for those schools would be prioritized when it comes to processing their study permits.

“Our goal here is to punish the bad actors to make sure that they are held accountable, and reward the good actors who provide adequate outcomes for the success of international students,” the minister said.

The details of that system will be important, Rho said, especially since students often fear speaking out because of their precarious status in Canada.

“Migrant student workers should not be caught in this … carrot and stick system,” she said.

“What will happen to those who do go to the schools that are ‘bad actors?’ They will also be punished. So instead, what they need is protections and equal rights.”

The department is also looking to combat fraud by verifying international students’ acceptance letters from Colleges and Universities.

The extra verification is a reaction to a scheme that dates back to 2017, which saw immigration agents issue fake acceptance letters to get international students into Canada.

The department launched a task force in June to investigate cases associated with the racket. Of the 103 cases reviewed so far, roughly 40 per cent of students appeared to be in on the scheme, while the rest were victims of it.

The task force is still investigating another 182 cases.

“The use of fraudulent admissions letters has been a major concern for my department this year and continues to pose a serious threat to the integrity of our student program,” Miller said, adding that international students are not to blame.

The new rules come as a welcome development to the National Association of Career Colleges, the group’s CEO said in a statement Friday.

“We welcome the opportunity to work with the federal government to improve our international student system by building greater trust and security, supporting Canadian communities, and ensuring that Canada’s immigration programs are student-centred,” the CEO, Michael Sangster said in a statement.

Source: Miller to provinces: If you can’t fix international student rackets then feds will

Minister, advocates say they fear international students will be blamed for housing crisis

None of the commentary I have seen blames international students for the housing crisis but rather correctly notes that they, along with high levels of permanent and temporary residents, are significant contributors. After all, over 90 percent of Canada’s population increase is immigrant-driven.

The advocates/activists claims are self-serving, as is often the case. Equally, they fail to acknowledge time lags in increasing housing.

The only encouraging note is Minister Miller’s recognition of the “perverse incentives” by provincial governments and education institutions that have let us to this situation. But his interest in having discussions “with provinces about the systemic underfunding of higher education” is unlikely to deliver any meaningful results in the short-term:

Immigration Minister Marc Miller and student advocates across the country say they worry about immigrants and international students being singled out for blame because of the housing crisis.

“It’s one of my fears,” Miller said in a recent interview with CBC News. “I do worry about the stigmatization of particularly people of diversity that come to this country to make it better, and that includes international students.”

Miller told CBC Radio’s The House last week that Canada is on track to host around 900,000 international students this year. In 2011, that figure was just shy of 240,000.

Source: Minister, advocates say they fear international students will be blamed for housing crisis

Language tests used to determine admissibility into Canada are a ‘money-making machine,’ critic says

Language is central to integration and more positive socio-economic outcomes:

Hundreds of thousands of immigrants who enter Canada annually are required to take a language test. But their scores expire within the next two years — one of many problems critics have with the test.

The Canadian government invited 431,645 permanent residents into the country last year — a record high. Most are required to be proficient in either English or French.

Applicants can attempt either of the two tests recognized by Immigration, Refugees and Citizenship Canada (IRCC) — the Canadian English Language Proficiency Index Program (CELPIP) or the International English Language Testing System (IELTS). Both cost more than $250 and the results are only valid for two years. There are also French tests that have the same validity period and cost about the same.

Source: Language tests used to determine admissibility into Canada are a ‘money-making machine,’ critic says

‘State of shock’: As Canada ramps up immigration, unsuspecting …

Of note, the reality vs the promise:

A year after hearing “welcome home” for the first time at the Canadian border, Shahzad Gidwani found himself questioning whether he and his wife made the right decision to start a new life here.

The timing wasn’t ideal, arriving in Toronto from India with their son just as the pandemic began sweeping the globe. Yet the 53-year-old held high hopes for his family’s future. He was bringing with him decades of international work experience in sales and marketing, and a master’s degree in business from the U.S.

But as inflation crept toward a 40-year high, eating away at the family’s savings, panic began to set in. Gidwani struggled to secure a permanent job with a living wage because employers didn’t want to hire someone without Canadian experience.

“We hadn’t prepared for inflation,” Gidwani said. He estimated they were spending nearly $6,000 a month on rent, furniture, food and basic necessities when they were first settling in. “We were in a state of shock.”

“We thought about whether we’d made the right decision because we were burning through money. What you spend here in one month would last you nine months back in India,” Gidwani said.

Many newcomers like Gidwani come to Canada dreaming of a better life, but lately they have found themselves pummelled by the highest inflation rate in four decades, unable to afford adequate housing, food and basic necessities. And as the federal government responds to historic labour shortages by ramping up immigration — targeting an unprecedented 1.5 million immigrants over the next three years and issuing work permits to non-Canadians at record highs — newcomers are arriving only to find mostly low-skill, low-paying jobs available to them.

Many Canadians are feeling the strain of exorbitant living costs, but those struggles can be more acute for recent immigrants and those trying to secure permanent residence. Newcomers can face discrimination and precarious work conditions while scrambling to fulfil convoluted immigration requirements. According to a recent RBC report, they earn less than the general population and are more likely to reside in inadequate housing.

“Because of competition and favouritism and racism, the Canadian dream of working your way up after you get here often doesn’t happen,” said Jim Stanford, economist and director of think tank Centre for Future Work.

Source: ‘State of shock’: As Canada ramps up immigration, unsuspecting …

Canada’s Temporary Foreign Worker program is ballooning to fill the labour gap, but workers say they’re abused and poorly paid. Is that the solution we want?

Of note. The easing of time limits and percentage of workforce changes make no sense apart from appeasing the business community’s wishes for more flexible and less expensive laboour:

David Rodriguez, a 37-year-old cook from Mexico, says he was fired from a Toronto restaurant less than two months after arriving in Canada for standing up to his verbally abusive employer.

Amelia, 37, from Indonesia, says she was fired for telling her employer she was sexually abused by his father while working as a live-in caregiver in his home in Toronto.

Orel, 35, from Jamaica, says he was “treated like a slave” while employed on a farm in the Niagara region for several years, enduring 10- to 12-hour work days seven days a week for seven months straight.

Claudia, 48, from Mexico, says she was threatened with having her contract terminated when she wanted to take time off to recover from illness and see her family.

All four were granted entry to Canada through the Temporary Foreign Worker (TFW) program, which allows Canadian employers to hire migrant workers to fill temporary jobs to address shortages in the labour force. (The Star has granted anonymity to three of the workers and given them pseudonyms as they could face repercussions for speaking publicly.)

For more than 50 years the controversial program has supplied Canadian employers with migrant workers who can be paid less than Canadian workers while often working longer hours with fewer benefits. Now, thanks to an unprecedented labour shortage that has seen the number of job vacancies in the country skyrocket to a record high of nearly one million, the program has been quietly undergoing a massive expansion.

The number of approvals to hire temporary foreign workers shot up by more than 60 per cent in the first half of 2022 over the year before, and in April the federal government loosened restrictions introduced years ago to prevent employers from abusing the program.

Under the new rules, employers across most sectors are now permitted to hire up to 20 per cent of their workforce through the low-wage stream of the program, which pays workers as little as $15 per hour. That’s double the number of workers allowed under the previous 10 per cent cap — and employers such as hotels and fast food restaurants can hire even more, up to 30 per cent of their workforce.

Economists and worker advocates are concerned about the sudden expansion. They told the Star that while the changes help farms, nurseries, restaurants and trucking companies hire more workers when labour is tight, in the process, the program is creating a rapidly-growing second tier of workers without the same basic rights and protections that resident workers have, resulting in abuse and mistreatment of workers who are threatened with deportation if they complain.

“This absolutely creates a two-tier workforce. In many ways that’s what it’s designed to do, is to have this temporary workforce where people are treated simply as workers as opposed to full human beings. They are here to work under conditions that enable them to be exploited and then leave,” said Fay Faraday, a labour and human rights lawyer and professor at Osgoode Hall Law School.

Amelia came to Canada in 2019 as a live-in care worker. She told the Star she left behind two children to whom she regularly sends money. She has had to endure working 10- to 12-hour days with little time off, often getting paid for only six to eight hours at minimum wage.

Her contracts are precarious and she has often been in the position where she has had to scramble to find a new employer to maintain her status in the country, as was the case when she says she was sexually assaulted by her employer’s father. 

“I have to keep quiet because I have no power here. I live with my employer so I can’t complain. I need to send money back to my children so they can survive, and I need to survive here and pay rent,” Amelia said.

“I had so much hope coming to Canada. But now it’s like I’m in a nightmare. I miss my children, I can’t see them, I can’t touch them. But I have to be strong so I can give them a better life.”

Like Amelia, Orel came to Canada from Jamaica in 2015 to provide for his two children and wife back home, doing seasonal work on a farm in Niagara, harvesting and pruning plums and peaches with about 120 other workers. For several years, Orel said he worked for 10 to 12 hours a day, seven days a week, often for several months in a row.

In Ontario, farm employees are not entitled to daily and weekly limits on hours of work, time off between shifts and overtime pay.

“They treated us like animals, like we didn’t have any rights,” Orel said.

He added that if his employers thought workers were too slow, they would threaten them with deportation.

“He (the employer) used it as a weapon every day,” Orel said. “The government calls our work essential, but there’s no way to get permanent residence. It just feels like we’re being used and thrown away, that’s how we’re treated.”

The abuse some temporary workers are enduring today was not part of the original plan.

The program kicked off back in 1973 with the aim of addressing labour shortages for jobs Canadians could not or would not fill, including agricultural workers, domestic workers and highly skilled jobs, such as specialist physicians and professors.

In 2002, the program was expanded to allow companies to apply to bring in foreign workers to fill jobs in new sectors, including food service and hospitality jobs, under the “Low Skill Pilot Project.”

As a result, between 2000 to 2012, the population of temporary foreign workers in Canada more than tripled to 338,213 from 89,746, according to a report by the Metcalf Foundation, authored by Faraday. By 2014, a total of 567,977 people were working with temporary immigration status, the report said. 

Following allegations that McDonald’s was abusing the program in 2014 — which lead to a federal probe — new regulations were implemented by then employment minister for the federal Conservative party, Jason Kenney, which put a cap on the number of foreign workers employers can hire and limited low-wage workers to no more than 10 per cent of a company’s workforce. Employers were also barred from hiring TFWs in regions where the unemployment rate was above six per cent.

Then, in April of this year, the regulations changed again.

In a bid to address a record-high number of job vacancies in the wake of the pandemic, the federal government amended the TFW program to make it easier for employers to access low-wage temporary foreign labour by increasing the number of migrant workers a company can hire.

The latest numbers show Canadian employers are doing just that. According to recent data from Employment and Social Development Canada (ESDC), the government department responsible for the TFW program, there was a massive surge in requests from employers to hire foreign workers in the first half of 2022. 

ESDC numbers show that between January and June of this year, employers received 108,595 approvals to hire workers through the program (data for the last two quarters of 2022 have yet to be released). That’s up by more than 60 per cent from the 67,233 approvals granted in the first half of 2021, and more than the pre-pandemic annual total of 108,056 approvals for all of 2018. 

To hire a TFW, an employer must first submit a Labour Market Impact Assessment (LMIA) to ESDC for approval, demonstrating that there is a need for a foreign worker to fill the job and that no Canadian worker or permanent resident is available to do the job. 

Once the LMIA is approved, the worker can apply for a work permit. A single application can include several positions and so one LMIA approval could equate to several worker permits issued, and there is no limit on how many positions an employer can apply for with an LMIA. 

Since 2016, LMIA approvals to hire TFWs have steadily increased, with a slight dip in 2020 due to pandemic closures. In 2021 there were a total of 132,027 approvals, up from 87,760 in 2016.

The majority of approvals in the TFW program are for farm workers. From 2017 to 2021, 249,867 LMIAs for farm workers were approved, according to ESDC data. This number is followed by home child-care providers, which had 22,839 approvals between 2017 to 2021.

Cooks are also in high demand, with 20,614 approvals in the same period. In Q2 of this year, there were 7,644 approvals for positions in accommodation and food services, a leap from the same period in 2021, when there were only 2,979 approvals.

According to data from Immigration, Refugees and Citizenship Canada (IRCC), 4,144 work permits were issued for cooks in the TFW program from January to October this year, a steep climb from the 112 work permits issued in 2016, and 1,167 work permits in 2017.

Farm workers in the TFW program had a total of 315,484 work permits issued by IRCC from 2016 to October 2022, the highest number of permits among occupations.

But as the program expands, TFWs continue to live with precarious immigration status and are tied to one employer as a condition of their work permit, which means that complaining about an employer could cost a worker their job and legal status in Canada. 

Without permanent status, the threat of deportation hangs over any worker who dares complain about abusive conditions, making workers vulnerable and hostage to their employers’ demands.

“What we’ve had over the past two decades is a series of tweaks here and there which try to sharpen or smooth off some of the rough edges of the temporary worker program,” Faraday said. “There hasn’t been anything that has addressed fundamentally the way in which the laws we have create precariousness and exploitation of workers.”

Immigration, Refugees and Citizenship Canada spokesperson Julie Lafortune counters that changes have been made to the program to protect workers. She said in an email that as of 2019, foreign workers with an employer-specific work permit are able to apply for an open work permit if they are being mistreated by their current employer.

As well, in September 2022, IRCC and ESDC announced amendments to the Immigration and Refugee Protection Regulations concerning TFWs, which mandated that employers provide all TFWs with information about their rights in Canada and prohibited punishment by employers against workers who bring up complaints.

Enforcement of the rules is rare. But last June, Scotlynn Growers — an Ontario farm where a COVID-19 outbreak claimed the life of a migrant worker — was convicted of violating workplace safety laws. The farm pleaded guilty to one count of failing to take all reasonable precautions to protect a worker and will be fined $125,000.

Syed Hussan, executive director of Migrant Workers Alliance for Change, is not convinced that workers are truly protected. He says TFWs in Canada date all the way back to Chinese railroad workers in the 1880s and before, but “we just didn’t call them that.”

“The excuse of a labour shortage is just one of the reasons that are being used to justify the program and to access cheap labour,” Hussan said.


Economists and activists say a worker crisis is developing as the program balloons, creating a surge of cheap labour which disincentivizes companies from raising wages and improving conditions.

“We don’t have a labour shortage. We have a wage shortage because people aren’t being offered the wages they are looking for to take certain jobs,” said Sheila Block, a senior economist with the Canadian Centre for Policy Alternatives.

“What we’re seeing is workers for the first time in decades have a great deal of bargaining power with employers, and that has the potential to improve wages and conditions,” Block said.

“But rather than increase wages and shift the way workers would be organized, the government has instead agreed to increase the number of low-wage workers who have very limited rights.”

Block stressed that foreign labour is not taking any jobs away from Canadians and the solution to protect migrant workers is to grant them permanent status or open work permits at the very least.

“This is not an argument against expanding immigration. It’s an argument against the elements of this policy that create a second tier of workers,” Block said. “We should not bring people into this country to work without providing them with status.”

Claudia, 48, who came to Canada from Mexico in 2021 to work in a lobster shop in New Brunswick, agrees that giving foreign workers the same rights and pay as resident workers is the solution. 

“Many of my friends who I lived with over the last year can’t speak English or have access to a computer. It’s a very sad situation because you don’t have someone who can help you or explain the rules,” Claudia said.

She worked 12-hour shifts, cleaning, weighing, sorting and packaging frozen lobster tails. During the peak summer months, Claudia said worked without any weekends for three months straight.

“When I was sick, they told me to just take a pill and keep working,” Claudia said. “When we come here we don’t know if it’s legal so we just follow the rules or what they tell us.”

Claudia hopes one day she’ll be able to get permanent status in Canada.

“I like Canada. I pay taxes like everybody. I make the economy of the province better, so why don’t I have the same rights?”

Source: Canada’s Temporary Foreign Worker program is ballooning to fill the labour gap, but workers say they’re abused and poorly paid. Is that the solution we want?

After feds lift 20-hour work rule for international students, immigration consultant calls move ‘short-sighted’

Worse than short-sighted, makes a mockery of issuing permits for study purposes and essentially is encouraging low wage and low skilled immigration as others have noted. More critical commentary needed and media should not only focus on the activist perspectives:

While the federal government’s move to lift restrictions on how long international students can work in a week is being applauded by many, an immigration consultant in Windsor, Ont., is concerned it could do more harm than good.

In an effort to address Canada’s labour shortage, Immigration Minister Sean Fraser announced Friday it would be expanding employment limits for international students with off-campus work authorization.

Currently, international students are permitted to work 20 hours per week. The only time of year when that restriction does not apply is during scheduled breaks, such as reading week or summer and winter holidays.

Starting Nov. 15 until the end of 2023, there will no longer be an “upper limit” on how many hours they can work. The new directive applies to those who have submitted a study permit application as of Oct. 7, 2022.

“This means that more than 500,000 international students who are already here in Canada are going to be eligible to work more if they choose to do so,” said Fraser.

University of Windsor master student Kenil Maniya said, on any given day, he finds himself with free time that could be better spent making money at his job. But when he’s already worked 20 hours that week, it’s not possible.

“I’m really happy that we can tell our manager we are ready to work more. We are always ready to give our best,” said Maniya.

He added there’s no reason why the federal government should not be using international students who are itching to work to fill the country’s labour shortage.

“When students come, some of them take a loan back in their home country so they have to manage their finances over here,” he said.

“Utilizing the current student resources will make the students happy in Canada.”

According to immigration consultant Amanjit Verma, however, the federal government’s new policy is “short-sighted.”

“The fact that there was a limit of 20 hours was a bit of a blessing in disguise,” said Verma, adding the time restriction helps international students achieve a work-school balance.

She also has concerns about the information international students receive in their home country before coming to Canada and how the new policy may reinforce that.

“I’ve been amazed and saddened by when these students come and tell me the kind of immigration advice they got from their international student advisor who has no idea how IPA (Immigration and Refugee Protection Act) and everything else works,” she said.

In Verma’s experience, she said, one of the most common “refusal grounds” for postgraduate work permit applications is a student not able to maintain full-time academic status — and many students do not realize that.

“So if someone who’s now working more than 20 hours, because they’re authorized to do that off-campus, goes part-time or reduces his course load, it will negatively affect his ability to get that work permit that will get him his PR (permanent residency) later on,” said Verma.

“I’m just concerned about repercussions for the students with this new policy,” said Verma.

As for Maniya, the India-born student said he is trying his best to achieve a healthy work-school balance and added he’s just happy he no longer has to circle scheduled breaks from school on his calendar until the end of next year.

“We always ask our boss during those times to please provide us with a full-time schedule,” said Maniya, adding he will often “multitask” and work on school tasks while on the job.

“It’s stressful a bit but lifting the hours will be good for us. It’s nice we don’t have to wait for reading week anymore.”

In a statement, Migrant Workers Alliance For Change applauded the lifting of working hours, saying the group has been campaigning the government to do so in the name of “labour rights and mobility.”

“Removing the limit on hours of work while studying gives student migrant workers the power to leave bad jobs, speak up against exploitation and mistreatment, and freedom and flexibility to make decisions about their work,” the group said in a statement.

Source: After feds lift 20-hour work rule for international students, immigration consultant calls move ‘short-sighted’

Here’s how the federal election could change Canada’s immigration system

The Star’s take on the party platforms:

Jhoey Dulaca isn’t eligible to vote in the upcoming election, but the migrant worker from the Philippines is keeping an eye out for the political parties’ immigration plans.

The Toronto woman says she feels migrants’ voices have once again been muted and lost as the issue that matters most to them — ballooning backlogs and endless processing times as a result of the pandemic — have drawn little attention or debate from party leaders.

“No one is talking about the immigration backlog and long wait times,” says Dulaca, who came as a live-in caregiver in 2016 and just received her permanent residence in Canada on Aug. 18 after two long years of processing.

The 41-year-old single mother is unsure how long it will now take to reunite with her two daughters, Tess, 19, and Thea, 16, whom she has not seen for five years.

“All these parties are making policies that affect us and our families, but our voices are not heard because we cannot vote and we don’t matter.”

In recent election campaigns, immigration has rarely made headlines. The major parties’ platforms generally have more elements in common than those that distinguish them. The outlier was the 2015 election, when the Syrian refugee crisis dominated the campaign.

Experts say immigration has been a non-issue because parties — with the exception of the People’s Party of Canada under former Conservative cabinet minister Maxime Bernier — recognize the importance of minority votes and don’t want to appear racist or xenophobic.

“The parties try to focus on issues that are going to make them look good and will help them move up in the polls,” said Kareem El-Assal, policy director for CanadaVisa.com, an immigration information site run by a Quebec-based law firm.

“Most people that are being affected by the backlogs are not voters. There aren’t many votes to be won.”

But there are major issues that will determine the future of immigration in this country — not least among them Canada’s plans to deal with applications that have been piling up during the pandemic.

Digging out of a major backlog

To El-Assal, one of the biggest issues missing in the parties’ platforms is how they plan to manage growing backlogs as Canada’s immigration system slowly returns to normal in the wake of the pandemic.

“Immigration is going to be one of the most formative government policy areas over the next decade and beyond, especially amid the damage that’s been caused by the pandemic,” he said.

As a result of the pandemic, Ottawa closed the border with the U.S. with few exemptions. That has greatly reduced this country’s refugee backlog.

However, between February 2020 and this past July, the backlog of permanent residence applications skyrocketed by 70 per cent to 375,137, with the number of applications for temporary residence currently sitting at 702,660 cases. The backlog of citizenship applications has also ballooned to 369,677 people in the queue from 208,069 before the pandemic.

Experts and advocates have said Ottawa must prioritize and bring in the migrants who have already been vetted and approved for permanent residence but have been kept outside of Canada during the pandemic, while expediting the transition to online processing and eliminating red tape to quickly reduce backlog as new applications continue to flood the system.

In its 2021 budget, the Liberal government announced plans to invest $429 million over five years to modernize its IT infrastructure to manage and process immigration applications, but its campaign platform mentions none of that or its plan to streamline processing.

The Conservatives vows to address “administrative backlogs” by simplifying and streamlining processes, investing in IT infrastructure and tech to speed up application vetting, letting applicants correct “simple and honest” mistakes instead of sending back their applications.

The New Democrats say they would “take on the backlogs that are keeping families apart.”

Both parties’ plans lack details and specifics.

Beyond the numbers

None of the parties mention what they plan to do with Canada’s annual immigrant intake of 401,000 for 2021; 411,000 for 2022; and 421,000 in 2023 — except for the People’s Party of Canada, which proposes to reduce the annual intake to between 100,000 and 150,000.

However Andrew Griffith, fellow of the Canadian Global Affairs Institute and the Environics Institute, says Canada is in need of a “more fundamental re-examination” of what the immigration level should be: “What the mix should be, how the integration process works, how do we actually reduce hate and racism, and all of those things.”

Griffith proposes the establishment of an immigration commission to investigate those issues and the related policies.

“They can’t really be addressed by Parliament in an effective way because of the partisan nature.”

While debates about immigration are important, some say they can also open the door for all sorts of racist views around newcomers, further polarizing public opinion.

Robert Falconer, a research associate at the University of Calgary’s School of Public Policy who focuses on immigration and refugee policies, said parties and voters need to discuss what objectives immigration is going to serve and what the composition should look like.

“Sometimes,” says Falconer, “we have dumbed immigration down to just immigrants as economic agents — all they do is contribute or detract from our economy; when there is cultural, spiritual, religious, demographic considerations that are very, very important.”

Trying to maintain a labour market growth amid an aging population and low birth rate is part of the challenge, he said, but how to manage the demographic makeup and ensure newcomers from diverse background are welcomed is often overlooked.

“What are the parties saying about issues not directly stemming from immigration, but (that) strongly relate to it, which is issues of anti-racism, hate and multiculturalism?” Falconer asked.

In tackling anti-racism and hate, the Liberals are committed to a national plan on combatting hate, new legislation to police online content and strengthening the Human Rights Act and Criminal Code against perpetrators.

The Conservatives say they will protect Canadians from online hate while “preserving free speech” and celebrating Canadian heritage, including a $75-million fund to municipalities for the repair and restoration of historical monuments, statues and heritage buildings.

The NDP would ensure all major cities have dedicated hate-crime units within local police forces, and convene a national working group to counter online hate.

The Bloc includes “Quebec bashing” in relation to its platform on racism.

New ideas from the Conservative party

While there is much in common when it comes to immigration policies of the major parties, Erin O’Toole’s Conservatives have some “innovative” ideas, Griffith said.

Among them:

  • The introduction of a fee for those who would like to have their immigration applications expedited, with the revenues directed toward hiring additional staff to streamline processing time;
  • Replacing the current lottery system for immigration sponsorship of parents and grandparents with a first-come, first-served model that prioritizes applicants on criteria such as providing child care or family support, and language proficiency;
  • Replacing government-assisted refugee spots with private and joint sponsorship places, so all refugees resettling in Canada will do so under private or joint sponsorship programs, with exceptions in cases of emergency or specific programs.

“There are some interesting ideas in the Conservative platform that merits some discussion and debate. I mean, some I don’t think will go anywhere, but others may,” said Griffith, who has studied and compared the immigration platforms of all six parties in this election.

The proposed expedited processing fee, for instance, could create a two-tiered system between rich and poor applicants. A sponsorship of parents and grandparents based on an applicant’s ability to babysit may not sit well with the spirit of family reunification.

What to do with the Canada-U.S. Safe Third Country Agreement?

In the 2019 federal election, a major issue was the surge in asylum seekers via the U.S. land border as a result of U.S. President Donald Trump’s anti-migrant policies. The development prompted a fierce debate over the so-called Safe Third Country Agreement.

The bilateral pact, which has been in place between Ottawa and Washington since 2004, is not mentioned in either the Liberal or the New Democrat platform.

That accord allows Canada to turn back potential refugees who arrive at land ports of entry on the basis they should pursue their claims in the U.S.

Like the People’s Party, the Conservatives propose a complete ban on migrants from the U.S. seeking asylum in Canada and recommends joint Canada-U.S. border patrols similar to what’s happening at the U.S.-Mexico border.

The Green Party and Bloc Québécois, meanwhile, want the pact revoked altogether.

Refugee claimants and advocates have taken Ottawa to court over the constitutionality of the bilateral pact and the case is now before the Supreme Court of Canada, after the Liberal government successfully challenged a lower-court decision that found claimants’ charter rights were being breached.

Critics say the agreement, implemented under both the Liberal and Conservative governments, has not helped deter would be refugee claimants from crossing through unguarded parts of the border.

“I don’t know why the Liberals don’t take a position on it, but everything I’ve seen the Liberals do tells me that they actually align with the Conservatives’ position,” Falconer said.

“There are much more humane ways to address concerns in surges of asylum seekers that would again address the backlog that the Liberals and Conservatives tear their hair out over.”

Queen’s University immigration law professor Sharry Aiken said both parties understand patrolling the world’s longest shared border requires massive government resources. It would also likely encourage people to seek help from traffickers to sneak through the border and move underground for lack of access for asylum once inside Canada.

“That’s the exact problem in the United States, where there’s millions of undocumented people because there hasn’t been a way for them to actually make a claim through legal channels because of all of the different barriers in place that preclude access,” Aiken noted.

Temporary resident to permanent resident pathway

During the pandemic, the recognition of migrant workers doing essential work on farms, in nursing homes and driving food-delivery trucks prompted Ottawa to introduce one-time immigration programs for migrant workers and international students to become permanent residents.

The Liberals, Conservatives and New Democrats all are in favour of expanding those pathways.

The Liberals categorically said the party would expand the pathways to permanent residence for migrant workers and former international students while the Conservatives would do it by offering a path for “low-skilled workers,” whose demand is “justified by concrete labour market data.”

All the NDP has to say about this issue is: “If someone is good enough to come and work here, then there should be a path for them to stay permanently.”

Expanding these temporary-to-permanent pathways, say migrants’ advocates, is wrong-headed because they reinforce, legitimize and justify Canada’s increasingly two-tiered immigration system, which exploits vulnerable temporary residents by dangling before them the prospects of permanent residency in the country down the road.

Political parties can’t adopt a Band-Aid approach and create a new pathway each time a group is falling through the cracks — Canada currently has more than 100 different skilled worker immigration programs, said Syed Hussan, executive director of the Migrant Workers Alliance for Change.

Leaders and policymakers need to be bold and ensure equality and equity for migrants from the get-go, which can only be achieved by granting them permanent residence in Canada upon arrival, he noted.

“The term pathway to permanent residence misrepresents what it is,” said Hussan. “It’s really a pathway to precariousness.”

His group estimated there are half a million work permits issued in Canada today, up from 60,000 two decades ago, but only a fraction of the migrant workers will get a chance to become permanent residents.

“The entire immigration system has been turned into a system of temporariness. It has created a fundamentally divided society. The natural progression of a system of temporary migration, which we now have, is more people who are undocumented and more people who are being even more exploited,” Hussan said.

“We have turned this country’s immigration system into a revolving door temp agency run by employers that profits from it. Instead, we want to ensure equal rights for everyone in the country. And to do that, we must ensure that everyone has the same citizenship rights.”

‘More migrants are falling through the cracks’

Dulaca said she has had her share of owed wages and unpaid overtime from her Canadian employers, and she put up with it because she needed the jobs to support her daughters back home and, more importantly, to meet the employment requirement for her permanent residence.

“The politicians are creating more and more pathways, but these pathways are not the solutions and more migrants are falling through the cracks,” said Dulaca, who runs a support group on Facebook to help other migrant caregivers.

“We all come to Canada so we can give our children a better life, a better future. I can’t vote now and you bet I will exercise my voting rights when I become a Canadian citizen three years from now.”

Source: Here’s how the federal election could change Canada’s immigration system