ICYMI: Temporary foreign workers may get more flexibility to move jobs as Ottawa eyes changes to program

Not getting much support from worker organizations but policy is always a balance between different stakeholders:

The federal government is exploring changes to the Temporary Foreign Worker Program that would give workers more freedom to move jobs within their industry, rather than have their permits tied to a single employer.

Internal documents from Employment and Social Development Canada – the ministry in charge of the program – detail proposals to introduce a new sector-specific permit for workers in the agricultural and fish processing industries. 

The work permit, issued for two years, would allow workers to move between employers in the same sector as long as they have a new job offer from an employer. Currently, if workers lose their jobs, they also lose their permits.

The ESDC documents consist of six proposals to change aspects of the TFW program, including guidelines related to housing, wages, access to health care and transportation for workers. They were based on feedback from employer associations and labour groups and written over the past year.

The documents were provided to The Globe and Mail from Migrant Rights Network, a national advocacy organization that has long campaigned to abolish the closed work permit system and grant temporary foreign workers a direct path to permanent residency. The organization obtained the documents as part of the government’s consultation process.

On Wednesday, the group released a report criticizing the new federal proposals, characterizing the sector-specific work permits as a cosmetic change that would maintain employer control while creating an illusion of freedom and mobility for workers. The report says this is because employers would still have the ability to blacklist workers who leave their jobs. …

In November, 2024, a parliamentary committee on citizenship and immigration recommended that Ottawa get rid of the closed-work-permit system entirely, and introduce regional or sector-specific work permits that would define sectors broadly, and provide workers with access to a wide range of employers. 

The proposed changes from ESDC appear to build on recommendations from the parliamentary committee and a 2023 report from the United Nations, which branded the TFW program as a “breeding ground for contemporary forms of slavery.”

Beyond the stream-specific work permit, ESDC is proposing a redesigned LMIA process, in which employers obtain a Temporary Foreign Worker Employer Authorization (TFWEA) that they apply for every two years. A TFWEA, according to ESDC documents, will allow an employer to be approved to hire numerous foreign workers every two years, instead of the current system of applying for an LMIA approval each time employers need to fill a position with a foreign worker. “The TFWEA would be refillable, meaning that employers could re-fill a position that a TFW left with a qualified TFW who has a valid stream-specific work permit,” the document states. 

The government is touting the changes as measures that will benefit both workers and employers. The latter group, according to ESDC, would have more flexibility to replace workers. Meanwhile, those who find themselves out of work would be able to start a job more quickly with a new employer. …

Source: Temporary foreign workers may get more flexibility to move jobs as Ottawa eyes changes to program

Doug Ford and other premiers want provincial work permits for refugee claimants. It may not solve anything

Nothing burger given quick processing of 45 days?

With refugee claimants now getting work permits fairly quickly and housing being less of a pain point, why do Canada’s premiers want to seize power from Ottawa to issue work permits?

This week, the provincial leaders emerged from the premiers’ meeting united in seeking the powers under the Constitution to issue work authorization to asylum seekers, which is currently under the federal government’s jurisdiction.

The reason behind the move, Premier Doug Ford said Wednesday, is that a lot of asylum seekers living in hotels would like to work and be self-sufficient, but can’t because it’s taking too long for Ottawa to process their work permits.

While any initiative that would help claimants to get on their feet and start working as quickly as possible is positive, Toronto refugee lawyer Adam Sadinsky isn’t sure if that push is based on “outdated information.” (The Immigration Department’s website shows work permit application processing for non-refugees currently takes 181 days.)

“It was an issue a couple of years ago,” said Sadinsky, whose clients in Canada generally now receive their work permits in about six weeks. “In my practice, I haven’t seen that it is really a significant issue anymore.”

Section 95 of the Constitution Act outlines the concurrent jurisdiction of the Canadian Parliament and provincial legislatures including immigration, education and health care. It states that both levels of government can make laws in these areas, but in a conflict, federal laws prevail. 

In fact, the two levels of governments have already shared jurisdiction in some areas of immigration. The provincial nominee immigration programs, for example, allow provinces to select prospective permanent residents for Ottawa’s stamp of approval.

Currently, the only provincial-based work permits are those related to the provincial nominee program, where the province can approve the work authorization of a selected candidate, who will ultimately get the permit from the federal government.

“The provinces and the feds have worked together,” said Toronto immigration lawyer Rick Lamanna on behalf of the Canadian Immigration Lawyers Association. 

But could it be just a bluff from the premiers?

“We’ll know more if or when you start to see things coming out, whether it’s from Ontario or Alberta or other provinces, putting more meat on those bones,” Lamanna said. 

“When you start to see logistical plans, if they start opening up stakeholder consultations, if they make announcements like expansion of Service Ontario to facilitate the issuance of these permits, I think that’s when we’ll know.” 

In a statement to the Star, the Immigration Department said claimants must submit a completed application, including a medical exam, and are determined to be eligible to seek protection before they are issued a work permit. On average, it now takes 45 days to process.

Officials have also found more sustainable and cost-effective solutions such as the new refugee reception centre in Peel to house and support asylum seekers….

Source: Doug Ford and other premiers want provincial work permits for refugee claimants. It may not solve anything

Canada ends policy of allowing visitors to apply for work permits from within the country

Of note, yet another correction:

The federal government has scrapped a COVID-era special measure that has been blamed for contributing to the surge of temporary residents in Canada and possibly asylum claimants at airports.

Starting immediately, the Immigration Department has ended the temporary public policy that allowed visitors to apply for work permits from within Canada, a measure to partly mitigate the financial hardship faced by visitors stuck in the country as a result of border closures and to partly fill labour shortages after the pandemic.

The special policy was to expire on Feb. 28, 2025.

The abrupt end to the measure is ”part of our overall efforts to recalibrate the number of temporary residents in Canada and preserve the integrity of the immigration system,” said Immigration, Refugees and Citizenship Canada in a notice on Wednesday. …

Source: Canada ends policy of allowing visitors to apply for work permits from within the country

Are you waiting for the confirmation of your extended work permits? It may be in a stranger’s inbox

Perfect juxtaposition with the future oriented Accenture article, highlighting yet another operational issue in the present:

Do you know of a Sehajpreet Singh Aulakh or Yelim Lee? How about Patricia Kaye Mendoza Castrence or Gurinder Singh?

If so, please let them know the immigration department has finally approved their work permit extensions. However, their confirmation letters — and personal information such as mailing addresses and as well as client and application numbers — are in someone else’s hands.

As officials are rushing to renew more than 93,000 expired and expiring work permits by the end of this year, some applicants are shocked to find in their email and immigration accounts the documents that belong to someone they don’t know.

What’s more, the department has explicitly warned in the letter and on its website to “not email us to ask questions” to avoid penalties. So some are resorting to social media to find the real owners of the documents.

“I’m confused and worried at the same time because my document could be sent to another person by mistake and I would never know,” said Dennis Dominique Maniquez of Toronto, who got an attached letter Wednesday addressed to a Gurinder Singh in Surrey, B.C.

“I know how Mr. Singh is feeling now. We all know how stressful it is. We have all been waiting for this work permit extension for a long time.”

Due to skyrocketing backlogs that have reached 2.7 million applications during the COVID-19 pandemic, officials suspended the intake of some skilled immigration programs until last month.

This has left many skilled international students — who would otherwise have been able to apply for permanent residence — with no status and expired work permits.

On Tuesday, Immigration Minister Sean Fraser finally rolled out interim measuresto allow international students who have been caught up in this immigration limbo to stay and work legally in this country.

The special policy covers former international students with expired or expiring post-graduation work permits, and those who applied under the “temporary resident to permanent resident pathway” last year but have either run out or are running out of work authorization — while waiting for updated status from Sept. 20, 2021, to Dec. 31, 2022. Their work permits will be extended for up to 18 months.

However, within a day of the Aug. 2 launch, posts started popping up in social media groups by shocked — and frustrated — applicants looking for help to return the documents to their rightful owners.

“If you are or know anybody having the same name, PM me: Name: SEHAJPREET SINGH AULAKH,” said one post on Facebook that also included the person’s partially redacted client and application numbers.

Another read: “Hi guys if you know the person! Pls let his (sic)/her know! Applicant name: YELIM LEE.”

A third, attached with a copy of the government letter, said, “Looking for Patricia Kaye Mendoza Castrence. I got your OWP (open work permit) extension letter.”

The immigration department said it was made aware of the privacy breach on Aug. 3 and is investigating. Once all affected people have been identified, they will be sent an email with the correct information.

“A separate email will be sent to affected clients informing them of the privacy breach. We are advising clients NOT to share the incorrect email with others and to delete the email from their inbox,” a department spokesperson told the Star in an email.

Vaibhavi Gaur, a graduate from Sheridan College, was thrilled when she got an email Wednesday from Immigration with an attached confirmation of work permit extension. Only when her partner spotted the name on the document did she realize it was intended for a woman from Iran.

Gaur, originally from India, said she was very surprised because the name, application and client numbers of the person were not even close to hers.

And there’s a line at the bottom of the document that said, “If you email this address for any reason, you will be automatically removed from our list of applicants who are eligible to be mailed a new work permit. This will ensure that we can provide new work permits as fast as possible.”

(The special policy’s webpage initially also stated: “Do not email us to ask questions. If you email us for any reason, you’ll be removed from our list of applicants who are eligible to be mailed a new work permit in round 1.” The line has since been removed.)

So instead of jeopardizing her own case, Gaur, who works in advertising, took it upon herself to search for and contact a person with the same unique name on Instagram.

“Immigration explicitly mentioned that you cannot contact us or we’ll remove you from the automatic (work permit) renewal system. I’m in this dilemma. What am I supposed to do?” asked the Toronto woman, who has yet to get a response from the person she contacted.

It’s not known how many of the extended work permit confirmations have been sent to the wrong people or how it happened, but migrants advocate Vilma Pagaduan has already received four such inquiries this week from members of her Facebook group.

She said they included intended recipients in British Columbia, Ontario and Saskatchewan through email or direct delivery into people’s secured personal accounts with the immigration department. Applicants who contacted her were scared of being taken off the automatic renewal system if they informed immigration officials about it.

“It’s a threat. And it’s very derogatory and discriminatory. It’s like, ‘Hey, I don’t want to see your face. I don’t want to hear any complaints from you.’ This didn’t come from a friend. It’s on the government website and in its letter,” said Pagaduan.

“My concern is, to clear the backlog, the immigration department keeps opening new public policies but they’re not addressing the issue. The issue is permanent residency for everybody. I have people waiting for PR since 2015 and they are still waiting for approval. To solve the problem, they open yet another program.”

Vancouver East MP Jenny Kwan, the NDP’s immigration critic, said what happened is a serious privacy breach and the government should know these errors have seriously consequences.

“Despite the immigration minister’s claim that the system is working, the department continues to be in complete chaos,” said Kwan. “They are putting people in perpetual distress. I can’t believe that the government has resorted to this kind of scare tactics.

“With this kind of communication, they are telling people that they are unimportant and they are not welcomed. The Liberals are completely forgetting that immigration services can impact someone for the rest of their lives. They are putting Canada’s reputation in jeopardy.”

Immigration officials said the department established a process for clients to contact IRCC at the email address provided in the correspondence, only if they were opting out of receiving a work permit. The dedicated email address help create a list of eligible candidates, so new work permits can be delivered quickly.

“The intent of the line, that has since been deleted, was to ensure that clients did not accidentally opt out of getting a new work permit. It was removed in response to client concerns,” said the immigration department spokesperson.

Source: Are you waiting for the confirmation of your extended work permits? It may be in a stranger’s inbox

Thousands of asylum seekers stuck at home as work permit approvals slow during pandemic

IRCC operational difficulties:

Marius Tapé is bored, restless and frustrated.

The engineer arrived in Canada from the Ivory Coast in July with his teenage daughter, joining his wife and three other children who had already settled in Granby, Que.

Tapé says his family fled the Ivory Coast after he and his wife were attacked for his political affiliation. They are trying to start a new life here, but it’s been tough.

Source: Thousands of asylum seekers stuck at home as work permit approvals slow during pandemic

Immigration status: Ministers reverse May-era student visa rules

Another bad legacy of former PM and Home Secretary May, fortunately being repealed:

International students will be allowed to stay in the UK for two years after graduation to find a job, under new proposals announced by the Home Office.

The move reverses a decision made in 2012 by then-Home Secretary Theresa May that forced overseas students to leave four months after finishing a degree.

Prime Minister Boris Johnson said the change would see students “unlock their potential” and begin careers in the UK.

But campaign group Migration Watch called it a “retrograde” step.

The change will apply to international students in the UK – there were around 450,000 last year – who start courses at undergraduate level or above from next year onwards.

They must be studying at an institution with a track record in upholding immigration checks.

Under the proposals, there is no restriction on the kinds of jobs students would have to seek and no cap on numbers.

“If one needed evidence of a new approach to immigration within government, today’s announcement allowing all foreign students to stay for two years after graduation is just that,” the BBC’s home editor Mark Easton said.

“Where Theresa May introduced what she called a hostile environment around migration rules, with an ambition to reduce net migration to the tens of thousands, Boris Johnson has promised to scrap that target and encourage the brightest and best to come and live and work in global Britain.”

Student Shreya Swamy, from India, says the proposal is “a great step forward” but it is “a sad day” for her as it has come too late to help students already in the UK.

She has just finished studying for a master’s degree at the University for the Creative Arts, in Kent and Surrey, and says she has “struggled so much” with the current rule giving her up to four months to look for work.

Jobs for international graduates “are close to nil”, she says, blaming their lack of experience.

“I have been through hell and back trying to figure out my career plan these past few months because it seems practically impossible to have one in the UK,” she says.

“I feel really helpless, and almost regret coming here to study because I’m going to end up going back home with a very expensive piece of paper.”

Chancellor Sajid Javid tweeted that the move was “about time”, adding that the government “should have reversed this silly policy years ago”.

Former universities minister Jo Johnson – who quit his brother’s government last week – tweeted that it was “success at last” after being involved in the cross-party campaign.

Alistair Jarvis, chief executive of Universities UK, welcomed the decision, saying it would benefit the UK economy and reinstate the UK as a “first choice study destination”.

“Evidence shows that international students bring significant positive social outcomes to the UK as well as £26bn in economic contributions, but for too long the lack of post-study work opportunities in the UK has put us at a competitive disadvantage in attracting those students,” he said.

But Alp Mehmet, chairman of Migration Watch UK, said the decision was an “unwise” step that would “likely lead to foreign graduates staying on to stack shelves”.

“Our universities are attracting a record number of overseas students so there is no need to devalue a study visa by turning it into a backdoor route for working here,” he added.

Others suggested that the overhaul of the rules should come in sooner so students who are due to graduate next year could be eligible for the visa.

Stephen Isherwood, chief executive of the Institute of Student Employers, said there was “ample time” for the new rules to be implemented for those who finish their studies in 2020.

How many international students stay in the UK?

Just over 450,000 international students are currently studying in UK universities.

Of these, almost two-thirds are from outside the EU, so will require a student visa to be in the country.

Between about 170,000 and 185,000 of these students graduate each year and, under current rules, they have four months to transfer to another visa – such as a work visa – or decide to continue studying.

In 2018, 6,300 individuals moved from student visas to skilled work visas, meaning they have officially been offered a job paying at least £20,800 in the first year.

A further 450 were granted “high-value migrant” visas, which are normally reserved for those with particular expertise in a field or those who have a set sum of money to invest in the country.

We also know that almost 40,000 student visas are extended each year, implying that a large number of graduates are continuing studies in the UK.

That still leaves more than 100,000 students not formally extending their visas – and we don’t have complete figures for how many of them leave the UK.

However, analysis of exit checks by the Office of National Statistics suggests that 97% of them were leaving on time.

Shadow home secretary Diane Abbott said Labour has always said graduates should be able to work here after their studies.

“It enables them to contribute to our economy, our universities and to research, and helps us to attract the brightest and best from around the world.

“It is a great pity that ministers have previously supported measures that did the opposite.”

‘International collaboration’

The government’s announcement coincides with the launch of a £200m genetics project at the UK Biobank, a charity and health resource that contains information and samples from 500,000 people.

The UK Biobank collected DNA samples and health questionnaire information from 500,000 British volunteers over several years and is now open to researchers from anywhere in the world who want to use those resources to develop new treatments for diseases.

The prime minister said projects of this kind wouldn’t be possible “without being open to the brightest and the best from across the globe to study and work” in the UK.

Mr Johnson said: “That’s why we’re unveiling a new route for international students to unlock their potential and start their careers in the UK.”

Britain had a “proud history” of being at the centre of international collaboration, he said, adding that it was “bringing together experts from around the globe to work in the UK on the world’s largest genetics research project”.

Source: Immigration status: Ministers reverse May-era student visa rules