TFW’s are just one piece of immigration puzzle – New Canadian Media

2014/05/15 Leave a comment

 

TFWs

My piece on Temporary Foreign Workers and the linkages to permanent residency and citizenship:

Over the past 10 years, permanent immigration levels and citizenship applications have largely remained stable. The only major growth that has occurred is for Temporary Foreign Workers, many at lower skill levels, most of whom do not have a pathway to permanent residency. Moreover, the pathway from permanent resident to citizen has also become harder, and will become even more so, undermining the overall Canadian model of immigration and citizenship.

Over reliance on anecdote and weakness in the evidence base have contributed to a number of these policy changes. Policy change is complex and the effects are only known after a number of years. It took four years before the flaws in the redesign of Temporary Foreign Workers became apparent. It will likely take that long to know whether the new “Express Entry” immigration approach works as intended. The full effect of changes to the Citizenship Act will only be known in about 10 years, given the increased residency and related requirements.

TFW’s are just one piece of immigration puzzle – New Canadian Media – NCM.

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Kenney defends job bank despite outdated postings

2014/05/14 Leave a comment

Yet another headache for the government in the context of Temporary Foreign Workers and the introduction of the “Express Entry” new immigration approach which will also use the Job Bank. To be fair, keeping such sites up-to-date is always a challenge:

The federal government will soon make enhancements to its online job bank amid revelations that hundreds of positions posted on the site have long since been filled, Employment Minister Jason Kenney said Monday.

“We are making improvements to the Canada Job Bank … we will be using new technological developments in the near future to ensure an even better matching of unemployed Canadians with available jobs,” Kenney said in the House of Commons.

The government will work with “private-sector web platforms” when provinces fail to send their own postings to the job bank, he added. Currently, most provinces and territories do so automatically.

The job bank is a critical component of Ottawa’s controversial temporary foreign worker program. Employers are required to post ads on the site seeking Canadian workers for four weeks before they’re able to apply to hire temporary foreign workers.

The government also relies in part on job bank data to determine what regions of the country are clamouring for labour.

But from customer service representatives in New Brunswick to food service supervisors in B.C. and RCMP clerks in Saskatchewan, many of the 110,000 jobs listed on the job bank are no longer available. A litany of postings are several months old; some have been on the site for more than a year.

Kenney defends job bank despite outdated postings.

In related Temporary Foreign Workers news, Minister Kenney’s refuses Quebec’s request for an exemption for the moratorium, and Minister Alexander makes one of his few public comments:

Kenney told the Commons the moratorium was imposed to protect Canadians who are looking for work.

The federal minister pointed out that 14 per cent of Quebec youth are unemployed as are 20 per cent of new arrivals to the province.

Ottawa announced the moratorium in late April after reports suggested the program was being abused by the food-service industry.

A spokesman for Quebec Immigration Minister Kathleen Weil said on the weekend the province has no problem with the program and that restaurants need temporary foreign workers to keep operating, especially in summer.

The moratorium has been widely criticized by industry groups, with Quebec’s restaurant association calling it “exaggerated and unreasonable.”

Earlier on Monday, federal Citizenship and Immigration Minister Chris Alexander said the moratorium was imposed for “very good reasons.”

“There was abuse and we are absolutely committed to completing the review and the reform we have underway,” he said at an unrelated event in Montreal.

“And I can assure you and her (Weil) and Canadians across the country that when this program is relaunched, it will not be subject to abuse.”

He said the hiring of foreign temporary workers should be a “last resort.”

“There are young people across Canada…who are looking for permanent jobs and summer jobs and our first obligation as employers is to look to the domestic market.”

Temporary foreign worker ban: Kenney tells Quebec to hire unemployed youth

Lastly, commentary by Matt Gurney on the irony of the Quebec request:

But restaurant workers? It’s harder to make that case. If Canadians aren’t taking those jobs, the jobs probably aren’t paying enough. I’m sympathetic to the restaurant owners — the restaurant business is highly competitive, with razor-thin margins — but this is how capitalism works. Long-term jobs won’t adjust their prices to appropriate market-driven levels if there’s a gigantic foreign-worker-fed short circuit built into the process. Foreign workers when necessary to sustain and grow the economy, sure, but not foreign workers handing out the dessert menus as the default option.

Quebec is in an odd position here, and an ironic one. Despite the recent election of the Liberal party, and the attendant crushing defeat of the oft-xenophobic Parti Quebecois, the province still has a warranted reputation of being one of the less welcoming places in Canada with which to move. Even Canadian citizens, of the generically white ethnic background, can run into trouble for what language they speak. There are recent signs that this sad trend may slowly be moderating, but there’s still a very long way to go.

And while Quebec sorts out its discomfort with outsiders, it’s also insisting that it wants to retain access to a vast pool of foreigners to work in an industry in which they probably ought not to be working in the first place. “Send us some foreigners so we can hire them for service-sector jobs!” isn’t really something anyone would have expected to hear coming out of the province that was recently in an uproar about what civil servants could wear on their head or around their necks without getting binned, but here we are.

Quebec government really wants more foreigners. OK, then

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C-24 – Citizenship Act Revisions – Committee Hearings Started

2014/04/29 Leave a comment

Will be interesting to see how these play out. First day was essentially introduction plus some initial positions from the opposition parties:

… NDP opposition critic Lysane Blanchette-Lamothe started off by asking Alexander to address the bill’s constitutionality. Given the Harper government’s record on tests of constitutionality before the Supreme Court recently, the question’s a touchy one.

In particular, she asked whether the new requirement for those applying for Canadian citizenship to declare their intention to reside in Canada post-citizenship — violated sections six and 15 of the Charter — those that protect the right to free mobility and equal protection under the law.

“With regard to our bill and the constitution — of course we reviewed this bill in that context. I carried this out with my colleague the minister of justice and we believe this bill is in complete conformity with the requirements of our constitution,” Alexander answered in French.

“It is reasonable, in our view, to require that a permanent resident wishing to become a Canadian citizen express his or her intention to reside in Canada.”

Liberal critic John McCullum focussed on the impact of no longer providing credit to foreign students for time spent in Canada prior to becoming permanent residents as part of residency qualifications. Minister Alexander restated the government’s position.

This change also affects refugees, arguably not a priority for the Government, and live-in caregivers. The latter, largely Filipinos, may, should the Filipino Canadian community become active on this issue, may be more problematic given that this community is one of the Government’s political target communities.

To be continued, and thanks to iPolitics for covering the hearings.

Citizenship reform bill is constitutional, Alexander assures committee

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Immigrant spouses may have to meet language and education requirements | Canadian Immigrant

2014/03/26 Leave a comment

The Government sometimes can’t help itself making partisan shots rather than a serious discussion of the issues. There are integration challenges for spouses coming to Canada, best addressed through settlement and related services, as not allowing immediate family reunification, should the Government decide to go there, will hamper not foster integration:

Alexander’s office would not confirm if language and education requirements are in the cards. It said the government is proud of its record of condemning intolerance, hatred, and barbaric cultural practices.

“We can’t say the same for Justin Trudeau, who has refused to call honour killings barbaric,” said Alexis Pavlich, the minister’s press secretary. “Everyone is expected to respect Canadian values and abide by Canadian laws.”

Lawyer Avvy Go, executive director of the Metro Toronto Chinese & Southeast Asian Legal Clinic, who attended one of the consultations, said such a move would be “a direct attack on Canada’s family reunification program.”

“We will go back to a bachelor society, like when Canada had its Chinese head tax in place and people were prevented from bringing their wives and children here,” she said.

Alexander has been meeting with invited representatives of communities across Canada for input into a strategic plan to “strengthen the integrity of the immigration spousal sponsorship program.” In those meetings, he raised the idea of imposing the new requirements, some of those invited told the Star.

However, Pavlich, the minister’s press secretary, said it’s “irresponsible and unproductive” to characterize such discussions at the meetings as an indication of future policies.

Immigrant spouses may have to meet language and education requirements | Canadian Immigrant.

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Citizenship: Finding the Right Balance – New Canadian Media

2014/02/22 Leave a comment

My overall assessment of the proposed changes to the Citizenship Act, with the conclusion being:

The challenge for all governments is how to balance citizenship as a “place,” assuming citizens remain in their country of immigration, and citizenship as a “status,” a more instrumental view of citizenship as a means to secure employment and other rights.

It is hard for any government to craft options that address the diverse needs of people applying for citizenship. Immigrants who choose Canada for economic reasons may have a more instrumental view of citizenship. Providing them with greater flexibility, and encouraging them to choose Canada, without weakening the meaning of citizenship, or providing additional opportunities for citizens of convenience, will always be a challenge. With the longer residency requirements and “intent to reside” provision, Mr. Alexander may be reducing the attractiveness to the more highly skilled and entrepreneurial immigrants.

Mr. Alexander has come down firmly on the side of citizenship as “place.” The emphasis on integrity and streamlined business processes is understandable, with the possible exception of differential treatment of Canadian citizens and dual nationals in revocation. His inattention to fairness issues and citizenship promotion is regrettable. However, taken together, Mr. Alexander’s proposed changes remain largely within the Canadian context of encouraging immigrants to become citizens, and remaining competitive with other countries.

Citizenship: Finding the Right Balance – New Canadian Media – NCM.

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Selling the Citizenship Act Revisions

2014/02/22 Leave a comment

Less print reporting than I would have expected (or at least what came up on my regular media search) on the Minister’s outreach this past week in Winnipeg, Vancouver and Halifax, selling the proposed changes to the Citizenship Act.

From Vancouver with the Chinese Canadian community:

“The government is trying to control too much,” said Vancouver-based Chinese Canadian news commentator Victor Ho, who also edits the Sing Tao Daily. “To make everyone from age 14 to 64 learn English up to a mandatory level, I think the government is trying to interfere too strongly. If a teenager is living here, then he (or she) is already learning the language in schools, and will pick it up. And as for seniors, you can encourage them, but that should really be more of the family’s decision.”

Another hot topic was the end of the immigrant investor program, which offered visas to people with a net worth of at least $1.6 million who were willing to lend $800,000 to the Canadian government for investment across Canada for a term of five years. The change, which would leave 45,000 Chinese millionaires in limbo, was proposed in the new 2014 budget. The decision has angered some in the Chinese Canadian business community, with some people speaking out at a press conference in Chinatown.

Immigration Minister Chris Alexander reveals contradictions in citizenship law | Vancouver Observer.

From the Halifax session, focussing on revocation and Lost Canadians:

The government had earlier signaled its intention to strip Canadians of their citizenship if they are involved in terrorist activities abroad, leading critics to say such a provision leaves Canadians vulnerable to false accusations from undemocratic regimes. But Mr. Alexander, speaking at a news conference in Halifax, said the new Strengthening Canadian Citizenship Act makes it clear that terrorism convictions would have to be from Canadian courts and the provisions would only apply to people who have dual citizenship. He added that the measure is intended “to be a deterrent to dual nationals who might think of going to fight for extremist groups” in Syria or elsewhere.

High bar to strip citizenship: Minister

Some earlier commentary in the Indo-Canadian Voice, largely description of the proposed changes to citizenship by William MacIntosh, an immigration lawyer:

As long as Canada offers health care and other social benefits, there is a legitimate political question about the tax contribution of the several million Canadians living abroad to pay for those services should they return. The government may say the proposed changes help address the problem, but the changes are window dressing. The real change would come with amendments to tax laws, which would be much harder to sell politically.

Indo-Canadian Voice | Tougher citizenship laws miss mark on expatriate issues.

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Tories speed up plan to give minister power to strip citizenship – The Globe and Mail

2014/02/19 2 Comments

More debate on the proposed revocation measures, particularly with respect to revocation for fraud and Ministerial decision-making. The previous revocation process was largely unworkable:

Mr. Alexander told CTV this week the existing revocation process is “one of the most time-consuming, document-intensive bureaucratic processes I’ve ever seen.” His spokeswoman, Codie Taylor, said the unilateral system is meant to “reduce duplication and bureaucracy. We are making the citizenship system more efficient, which will result in decreased backlogs and improved processing times.”

Canada can’t leave a person stateless under international treaty law, so the rules apply only to dual citizens. The law also puts the onus on those accused to prove they’d be left stateless – not on government to prove they wouldn’t. Mr. Alexander also now has the sole right to grant “discretionary” citizenship, though the government says it will not make public the list of those who get it.

The changes in Bill C-24 omit Sections 10 and 18 of the existing Citizenship Act, which dealt with revocation and a subject’s right to appeal to court. While court will no longer be an option in some cases, Winnipeg immigration lawyer David Matas noted other cases actually will be sent to a higher court than before. “This new legislation, as far as I can see, is an improvement,” he said.

Tories speed up plan to give minister power to strip citizenship – The Globe and Mail.

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Chris Alexander balances his portfolio and power

2014/02/18 2 Comments

Konrad Yakabuski’s favourable profile of CIC Minister Chris Alexander:

Canada remains an outlier in that it has not seen a rise in anti-immigration politics. Making sure it stays that way requires striking the right balance to retain public confidence in our citizenship laws. C-24 largely gets this balance right, but Mr. Alexander has more work to do to make the case for its revocation provisions.

If he succeeds with the immigration file, as Mr. Kenney did, watch out. For Conservatives unenthusiastic about future leadership prospects Peter MacKay, John Baird or Mr. Kenney, the polyglot internationalist who recently aced his grilling on Quebec’s Tout le monde en parle – he took being compared to a Ken doll as a compliment – might just be the answer to their prayers. There is little doubt he has the brains.

“Chris understands the exercise of power,” says former deputy foreign-affairs minister Peter Harder. “He’s got tremendous gifts, the full potential of which have not been realized.”

Chris Alexander balances his portfolio and power – The Globe and Mail.

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In defence of Ottawa’s citizenship shift: Chris Alexander | Toronto Star

2014/02/13 Leave a comment

Op-ed by Minister Alexander to some of the over-the-top commentary by The Star on the proposed changes to the Citizenship Act. A number of his points are valid, particularly regarding the failure to recognize that there was abuse in the citizenship (and other) programs (reminds me of the Downton Abbey scene in which the Dowager Countess asks Isabelle whether Isabelle never doubts the honesty of people).

However, the change in a basic principle in Canadian citizenship policy for two generations, equal treatment for Canadian-born and naturalized Canadians, should not be glossed over. This change, combined with the “intent to reside” provision, needs to be reviewed closely on both substantive and process grounds. While the easy cases (e.g., the 130 Canadians fighting with extremist groups cited by the Minister) are of legitimate concern, the risk is that this substantive change to traditional policy (“a Canadian is a Canadian”) may cast a broader net with unforeseen consequences.

Minister Alexander’s overall messaging:

The new measures in Bill C-24, the Strengthening Canadian Citizenship Act, are a deterrent to those who might seek to abuse our generosity, circumvent our laws or attack us in cold blood.

We are all proud of our Canadian citizenship. Let’s make it stronger than ever by ensuring new Canadians have a real connection to this country, by reducing processing times, by honouring those who serve, by eliminating fraud and abuse and by deterring disloyalty.

In defence of Ottawa’s citizenship shift: Chris Alexander | Toronto Star.

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Ottawa to consult with provinces on dealing with “birth tourism” | Toronto Star

2014/02/08 Leave a comment

No surprise that not included in the changes to the Citizenship Act given the implications for the provinces (and the government may have learned something from the Jobs Grant experience). Hopefully, the consultations with the provinces will ask for hard data on the number of births that were to mothers who were not covered by medicare (i.e., birth tourism and immigrants within the three-month waiting period) to give more than anecdotal information on the extent of the issue.

“We want to address the issue of people who have absolutely no strong connection to Canada and have no desire to live here, coming solely for the purpose of giving birth and then leaving,” Alexander told a news conference in Toronto after Bill C-24, Strengthening Canadian Citizenship Act, was tabled.

“It will be addressed down the road in an appropriate way. It does involve consultation and co-ordination with the provinces and territories who deliver health care obviously.

“We have to make sure we get it right in a way that doesn’t disrupt the vast majority of Canadians who are having their legitimate births in hospitals, but does detect and deter those cases where our generosity is being abused.”

Ottawa to consult with provinces on dealing with “birth tourism” | Toronto Star.

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