Douglas Todd: Canada should warn guest worker, student applicants they’re taking a big gamble

Good comments by Kurland, Skuterud and Lee:

….Their plight is the direct fault of Ottawa, say migration specialists.

“Over the past four years the number of people with temporary status in Canada has skyrocketed” because of an executive decision from the office of Prime Minister Justin Trudeau, says Richard Kurland, a Vancouver immigration lawyer.

“So there is now a chicken in the python problem,” he said.

“People with study permits, and then post-graduate work permits, who can’t qualify for permanent resident status face taking an airplane ride home in shame and poverty. Or they’ll find a way to stay.”

Kurland expects to see “increasing trends of marriages of convenience, refugee claims and applications for humanitarian and compassionate relief.”

A sign of what’s to come might have already arisen at Seneca College in Toronto, where asylum claims from international students increased from 300 in 2022 to almost 700 in 2023. At Kitchener’s Conestoga College, claims jumped from 106 to 450 during that same period.

University of Waterloo economics professor Mikal Skuterud, a specialist in labour, said “lots of non-permanent residents in Canada are seeing their permits expire and the government is worried that large numbers have no intention of leaving the country.”

The Liberal government created the predicament a few years ago, said Skuterud, when it signalled to the world, particularly those with low skills, the easiest way to become a citizen of Canada is to show up as a temporary resident.

“For migrants, Canada’s immigrant selection system now looks like a lottery, in which a work or study permit is the ticket. That’s a big problem. And it wasn’t like this before 2021.”

The Liberal government made the mistake of dismantling the country’s skills-based immigration system because of a “post-pandemic obsession with labour shortages, which is economic nonsense fuelled by corporate Canada,” Skuterud said.

George Lee, an immigration lawyer in Burnaby, said the “federal government created this problem: They’ve brought in too many people. The government wanted to address labour shortages. But now they say,  ‘It’s too much!’ In effect the government is blaming itself.”

Last week, StatCan reported 2.8 million temporary residents in Canada, comprising a record 6.8 per cent of the population. That’s up from 3.5 per cent two years ago.

More than one million are foreign students, most with work permits. Others are classified as “temporary foreign workers” or “international mobility” workers. Another 360,000 are asylum claimants.

In light of Immigration Minister Marc Miller promising this spring to reduce the number of study visas, partly in response to the pressure on housing prices and social services, Kurland said Canada should warn would-be migrants they’re taking a big gamble.

“They now face a loss of their significant investment in time and money. The problem is that the majority of people are unaware that every (newcomer) takes the risk that Canada’s immigration regulations may be changed at any time,” said Kurland, who publishes the newsletter, Lexbase, which previously reported on how Canada’s border services are better tracking when people actually exit the country.

Canada’s problem with an influx of temporary residents is different from what’s facing the U.S. and Europe. Those regions have experienced waves of millions of undocumented migrants. But, for the most part, Canada has explicitly welcomed the record flow of newcomers, most of whom are unskilled.

Skuterud questions the immigration minister’s May announcement that he would like to reduce the number of temporary residents in Canada simply by turning them into permanent residents, particularly through the provinces’ so-called nominee programs.

“The irony of all this is that the government is providing more ad hoc openings to permanent residency to relieve the bulging non-permanent population.” It’s thereby “inadvertently” encouraging more people to start in Canada on a temporary basis with the dream of staying forever, he said.

The surge of temporary residents has not only exacerbated Canada’s housing crisis, Skuterud said rapid population growth, almost entirely from international migration, correlates with Canadian wages staying stagnant.

Lee, who came to Canada on a study visa from China in 1992, supports Canada’s efforts to bring high numbers of international students to the country, saying they’re primed to become engaged citizens since they have learned the culture, to speak English or French, and have developed Canadian-based job skills.

The problem, Lee said, is that when Ottawa tried to address a perceived labour shortage, it went too far and embraced too many newcomers at once. “We need a more balanced approach.”

Kurland suggests Ottawa adopt a “consumer protection” model to more honestly process people who want to move to Canada.

Canada’s immigration department, he said, should ask people who apply online for temporary residency: “If you are planning to possibly immigrate to Canada, do you acknowledge that your plan may fail if Canada immigration law and regulations were to change?”

Skuterud offers a different way forward. He says Ottawa has recently been over-promoting a “two-step immigration” scheme that pushes aspiring immigrants to first enter the country on a temporary basis.

He would like the government to return to emphasizing the more traditional economic-class pathway to permanent resident status, which relied on a transparent, above-board ranking system to select candidates.

Source: Douglas Todd: Canada should warn guest worker, student applicants they’re taking a big gamble

Ottawa split on plan to let undocumented migrants apply to stay in Canada, Immigration Minister Miller says

Of note:

…Mr. Miller said there hasn’t yet been agreement within government on the program and it could take months to introduce.

He said what is causing him to pause are “views that I respect, people that care about these issues that are radically opposed and diametrically opposed, and not necessarily from people that [you] would necessarily think would have that thought process.”

Under the plan, migrants without documents, including people with Canadian children who have lived here for several years, would be able to apply for permanent residence.

The Prime Minister issued a mandate to former immigration minister Sean Fraser in 2021 that asked him to “further explore ways of regularizing status for undocumented workers who are contributing to Canadian communities.” A decision by cabinet was expected this spring.

But Mr. Miller said the program “is not something that is going to get rolled out soon” adding that polling is showing that Canadians are divided on the issue.

“If there is a clear conclusion, I will be quite clear to Canadians about it, but there isn’t one right now,” he said. “What I do know is that given the ongoing discussions, and they are ongoing – they have not come to an end – it isn’t something that I have any confidence will be rolled out in the short term.”…

Source: Ottawa split on plan to let undocumented migrants apply to stay in Canada, Immigration Minister Miller says

From fast food to construction, employers turn more and more to temporary foreign workers

Yet another example of how the government has mishandled immigration:

…Taking orders and flipping burgers

Fast food chains and restaurants are a major source of demand for temporary foreign workers. After farm and greenhouse workers, the roles with the most approvals last year were cooks, food service supervisors, food counter attendants and kitchen helpers.

Food counter attendants, in particular, increased from 170 jobs in 2018 to 8,333 in 2023. The top 10 employers cleared to hire the highest number of them last year were all fast food operators.

The relationship between the food service industry and the temporary foreign worker program has at times been fraught. Roughly a decade ago, controversy around the industry’s use of the program led the federal government to impose a temporary moratorium on that sector.

But times have changed along with labour markets. 

Citing significant labour shortages, in 2022 the federal government doubled the proportion of low-wage workers businesses could hire through the program, from 10 per cent of their workforce to 20 per cent. 

Certain sectors hit particularly hard by the pandemic, including food service, were greenlighted to hire as much as 30 per cent of low-wage staff through the program.

For businesses, a major benefit is stability, as the workers’ permits are tied to their employer, meaning they can’t easily quit to work for a rival business down the street. 

“It guarantees a worker will stay employed with them for the term of the agreement,” says the Canadian Franchise Association on its website

CBC News reached out to 14 restaurants and franchise groups cleared to hire the most cooks, food service supervisors and food counter attendants last year. 

None agreed to an interview, although a spokesperson for Franchise Management Inc., which operates Pizza Hut, KFC and Taco Bell franchises, said the program has allowed it to keep operating in rural and northern areas.

“Unfortunately, some of these communities often lack the population base to meet the demand for labour,” said Dana Myshrall in an emailed statement.

The company was cleared to hire 140 food counter attendants last year, though Myshrall said it expects to hire far fewer this year….

Source: From fast food to construction, employers turn more and more to temporary foreign workers

Canada’s temporary foreign worker program is archaic. Here’s how the Senate wants to change it

A start:

The federal government must modernize its archaic temporary foreign worker program by allowing migrant workers to change employers within their industry and overhauling the complicated enforcement system, says a Senate report.

To better support both workers and employers, a Migrant Work Commission should be established to oversee the program, advocate for migrant workers in Canada and serve as a single point of contact for reports of abuse and mistreatment as part of its mandate, says the study released on Tuesday.

“With so many cooks in the kitchen, it is only logical to have a head chef,” Ontario Sen. Ratna Omidvar, chair of the Senate social affairs, science and technology committee, told a news conference.

“This commission would serve as a one-stop shop for migrants who need help in asserting their rights and for employers seeking support in navigating the labyrinth of red tape, and even for government departments seeking to make their operations more efficient.”

The recommendations, however, have received a cold reception by advocates, who criticized the Senate for failing to address the structural issues of the temporary worker program.

“The fundamental power imbalance is the temporary migration system itself,” said Syed Hussan of Migrant Workers Alliance for Change. “So long we have a system of temporariness, there’s going to be inequality, injustice, abuse and exploitation.”

The Senate launched the study in late 2022 into Canada’s temporary foreign work program, which was introduced in 1973 as a stopgap measure to address the country’s labour shortages but has since grown to be an indispensable part of the Canadian labour market….

Source: Canada’s temporary foreign worker program is archaic. Here’s how the Senate wants to change it

Globe editorial: Sorry, Ottawa, but magical thinking won’t fix the economy [on immigration]

Of note:

…Ottawa has made the choice to select lower-scoring immigrants who fit into specialized niches in the economy rather than those who, according to Canada’s own immigration system, have a better chance of long-term success.

… But it would be a serious policy blunder to carve out even more exceptions and further squeeze the general pool of permanent resident spots. Such an action would cement the trend toward a low-wage economy largely populated by immigrants.

A better, if tougher, approach would be to allow temporary migrants to compete for a spot in the general pool. Some will undoubtedly qualify, and will help to build Canada in the coming decades. Others won’t and will have to leave.

The Liberals need to keep in mind two imperatives in sorting out economic migration policy: the needs of Canadians come first – and magical thinking won’t get the country’s economy back on track.

Source: Sorry, Ottawa, but magical thinking won’t fix the economy

Fines mounting for violations in Canada’s temporary foreign worker programs

Of note. Good and revealing data analysis:

The federal government penalized nearly 200 companies last year for violating the rules of its temporary foreign worker programs, resulting in record fines for infractions such as wage theft and abuse in the workplace.

Ottawa reached 194 decisions against non-compliant employers in 2023 and handed out $2.7-million in penalties, an average of $13,800 per decision, according to a Globe and Mail analysis of figures published by the government. Some employers have also been suspended from hiring temporary labour from outside the country.

While the government reached more decisions of non-compliance in 2021, last year set a new high for fines. And 2024 is shaping up to be even worse.

So far this year, the average fine is nearly $29,000, according to data pulled by The Globe in late April. In 2019, it was roughly $3,200….

Source: Fines mounting for violations in Canada’s temporary foreign worker programs

La bouée de sauvetage des travailleurs temporaires coule

Of note, regarding open work permits for Temporary Foreign Workers:

De Vancouver à Gaspé, des personnes immigrantes attendent durant des mois la réponse à leur demande de permis ouvert pour travailleurs vulnérables afin de fuir les abus qu’elles subissent. Un programme d’urgence censé offrir cette protection rapidement est bloqué, selon cinq organisations qui accompagnent les travailleurs dans de telles démarches.

Une forme de soupape pour remédier aux risques du permis lié à un seul employeur, appelé « permis fermé », le programme a été lancé en 2019 avec la promesse de traiter les demandes en cinq jours. Ce délai est d’autant plus problématique que les responsables politiques l’utilisent pour se défendre des critiques, notamment formulées par le rapporteur spécial des Nations unies sur les formes contemporaines d’esclavage.

Mais cette manière « rapide » de « régler la situation des employés vulnérables », comme l’a décrite le ministre de l’Immigration, Marc Miller, en commission parlementaire, est en panne. Sur la soixantaine de demandes que ces organisations ont soumises depuis janvier dernier, seulement cinq ont été traitées, ont-elles confirmé au Devoir. 

Sur les 1349 demandes reçues pour les trois premiers mois de l’année 2024, Réfugiés et Citoyenneté Canada (IRCC) n’a délivré que 201 permis jusqu’à maintenant, soit nettement sous la moyenne de l’an dernier. Une trentaine de permis seulement ont été octroyés en mars. La page Web du programme a été modifiée en catimini depuis novembre 2023.

Ces réponses qui arrivent au compte-gouttes créent une « situation intenable » et « énormément de pression » sur les immigrants, dit Noémie Beauvais, organisatrice communautaire au Centre des travailleuses et travailleurs immigrants (CTI).

« Quelqu’un m’appelle en détresse quasiment chaque jour », illustre Florian Freuchet, organisateur communautaire au CTI du Bas-Saint-Laurent…

Source: La bouée de sauvetage des travailleurs temporaires coule

Employers boost recruitment of temporary foreign workers, despite softer labour market

Of note (should decline given recent government changes):

Canadian companies ramped up their recruitment of temporary foreign workers last year, even as the labour market softened and the unemployment rate drifted higher.

During the last quarter of 2023, employers were approved to fill more than 81,000 positions through the Temporary Foreign Worker Program, according to figures shared by the federal government with The Globe and Mail. It was easily the largest quarter for approvals since Ottawa made several employer-friendly changes to the program in the spring of 2022.

For the year, employers were approved to fill roughly 240,000 job vacancies, an increase of 7.5 per cent from 2022 – and more than double what was permitted in 2018.

The federal government is now trying to clamp down on temporary migration to the country with various changes that include tighter restrictions on the TFW program. Immigration Minister Marc Miller has said that Canadian companies have become “addicted” to temporary foreign labour….

Source: Employers boost recruitment of temporary foreign workers, despite softer labour market

Bribes, fake jobs and the ‘desperate’ situation facing Canada’s temporary residents

Of note, the impact of the government’s partial reversal of previous ill-advised policies:

What’s a person looking for a chance to become a permanent resident to do?

Already in Canada but with work permits expiring, many temporary residents are facing limited prospects for permanent residence under the federal government’s scoring system. The rankings are supposed to be based on personal attributes such as age, education and language proficiency, which count for points.

But since Ottawa started cherry-picking candidates on its priority list last summer, many would-be candidates with higher scores are finding the odds stacked against them. Desperation has prompted some to essentially bribe their way to job offers to boost their chances.

“The abuse … of LMIAs has been going on since time immemorial,” said Peter Veress, who has worked in the immigration consulting industry for 27 years and is based in Calgary. “But because of the massive numbers (of temporary residents) that we’re talking now, I’m hearing it more and more.

“It’s become more open because people are more desperate.”

At the heart of the abuse allegations is the Labour Market Impact Assessment, an evaluation process to verify an employer’s need to hire a foreign worker to fill a vacant position. A positive LMIA is proof of an arranged employment in an immigration application, worth an additional 50 to 200 points for a candidate, depending on how important the job position is. 

Last month, in announcing a reduction in the number of temporary residents in Canada to slow down the country’s population growth amid a housing crisis, Employment Minister Randy Boissonnault acknowledged the problem and said he’s committed to cracking down on the misuse of the temporary foreign worker program.

“I don’t want anybody putting up a job that is then used to lure somebody here to take an LMIA,” said Boissonault. 

“This is not what it’s designed for. If we find and actually locate people who are doing that, then the authorities will get involved.”…

Source: Bribes, fake jobs and the ‘desperate’ situation facing Canada’s temporary residents

Canada’s plan to overhaul its temporary foreign worker program revealed

Good overview:

The federal government is looking to roll out a new temporary foreign worker regime starting next year that would add protections for workers and simplify the current program.

The new program would cover more year-round occupations in agriculture and food processing.

It would also allow migrant workers to change employers within the same industry, so they wouldn’t be beholden to a potentially exploitative workplace, according to a copy of the proposal obtained by the Star.

Under the proposal, the four existing worker streams would be reduced to two — for workers covered under bilateral agreements with their home countries and an “open-source” category for those from other places where there are no such government deals with Canada.

Canadian farm owners, fisheries and food processing companies have faced chronic labour shortages and must rely on the import of foreign workers to fill jobs that tend to be physically demanding, sometimes seasonal in nature, and located in rural and remote areas.

The pandemic underlined the importance of securing the country’s food supply chain, and exacerbated and exposed the poor working and housing conditions experienced by some migrant workers….

While details of the plan have to be finalized after consultation with employers, workers, community groups and foreign governments, the proposal says the key features are “likely” to include:

  • Introducing sector-specific work permits that give workers job mobility within a sector for up to two years;
  • Granting employers permits to hire workers to fill reoccurring seasonal work over a two-year period; 
  • Reforming the existing wage and deduction structure to better reflect current housing rates and employer costs;
  • Updating employer-provided housing requirements to ensure greater protections and safety to workers.

The plan also assures agriculture and food processing employers that there continues to be no cap on the percentage of foreign workers at a worksite, and an exemption from the $1,000 processing fee for authorization to hire workers for farm work….

Source: Canada’s plan to overhaul its temporary foreign worker program revealed