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Temporary residency in Canada

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In Canada, temporary residency (French: résidence temporaire) applies to those who are not Canadian citizens but are legally in Canada for a temporary purpose, including international students, foreign workers, and tourists.

Whereas "Permanent Residence" (PR) is a requirement for Canadian citizenship, temporary residency has little to do with citizenship, in that one cannot go from temporary resident to citizen without first going through another program. More specifically, the classes of Temporary Resident Documents under IMM1442 are as follows:

  • Temporary Student — study permit (also IMM1208),
  • Temporary Worker — work permit (also IMM 1102),
  • Temporary Visitor — visitor record (also IMM 1097),
  • Temporary Resident Permit holder who require the permit to overcome inadmissibility issues

Some foreign nationals require a Temporary Resident Visa (French: visa de résident temporaire) to visit Canada.

It is against Canadian federal law to bring in temporary foreign workers if Canadian workers are available. For an employer to hire a foreign worker or to allow a foreign worker to in Canada, they may need obtain a Labour Market Impact Assessment (LMIA). A positive LMIA or a confirmation letter grants permission to the employer who proves that there is a need for a foreign worker to fill the job as no Canadian worker is available and that such hiring will not negatively impact the Canadian labour market.[1][2]

Temporary Foreign Worker Program

The Temporary Foreign Worker Program (French: Programme des travailleurs étrangers temporaires, TFWP) is a program of the Government of Canada that allows employers in Canada to hire foreign nationals.[3] Workers brought in under the program are referred to as Temporary Foreign Workers (TFWs) and are allowed to work in positions that are not filled by Canadians. The aim was to address skill shortages and promote economic growth. Initially, the program was aimed at nurses and farm workers, but today it gives highly skilled and less skilled workers the opportunity to work in Canada.[4][5] Unlike applicants for permanent residence, the Canada's Temporary Foreign Worker Program (TFWP) does not have a cap on the number of applicants admitted; instead, numbers are dictated primarily by employer demand.

Between 1993 and 2013, the total number of TFW more than doubled to 338,189 workers;[6][7] between 2006 and 2014 alone, over 500,000 workers were brought into Canada under the program.[8] When TFWP began in 1973, most of the individuals brought in were high-skill workers, such as medical specialists.[6] In 2002, however, a "low-skilled workers" category was added, which now makes up most of the temporary foreign workforce.[6][9] In 2006, the program was expanded, introducing fast-tracking for some locations.[6] It was revised again in 2013, raising wages, charging employer fees, and removing the accelerated applications.[10]

From 2002 and 2011, the number of temporary foreign workers (TFW) residing in Canada had a three-fold increase, from about 101,000 to 300,000.[11] For the first time in 2007, overall temporary migration overtook permanent migration, with the highest increase being in the number of TFWs that entered the country, and within that the largest increase accounted for those in lower-skilled occupations in farming, caregiving, service & retail, clerical work, manufacturing and construction.[12][13] There was also a 73% increase in the number of entries and re-entries into the country in the 2002-2008 period.

The expansion of the TFWP to accommodate workers in lower-skilled occupations has been influenced by general increased employer demand of lower-skilled workers, particularly in the oil, gas, and construction sectors. In 2002, the pilot project for Hiring Foreign Workers in Occupations that Require Lower Levels of Formal Training was introduced. The project has since evolved to better suit employers needs, for example by increasing the length of the work permit from 12 to 24 months. However this is not the case for those entering through 2 occupation-specific programs: the Live-in Caregiver Program (LCP) or the Seasonal Agricultural Workers Program (SAWP).

In 2018, the number of workers allowed increased by 36% and more than 17,600 permits were issued.[14]

During the COVID-19 pandemic, the Canadian government, together with the TFWP, sought out to increase protection for foreign workers through protective legislation.[15][16]

Seasonal Agricultural Worker Program

Main article: Seasonal Agricultural Workers Program

Implemented in 1966, more than 29,000 agricultural workers enter Canada every year through this program from the Caribbean and Mexico. The program exists as an agreement between sending countries and the Canadian government to provide seasonal agricultural workers during peak Canadian production. Particular sectors that report labour shortages are often the fruits, vegetables and horticultural sectors. Those who enter through this program can work for a maximum of 8 months per year.[17]

In 2009, half of agricultural migrants were from Mexico (about 15,800 people). Among these migrants, 75% have been re-entering the program for 4 years or more, while 57%, for 6 years or more.[11]

Live-in Caregiver Program

Main article: Live-In Caregiver Program

Replacing the foreign domestic movement (FDM) in 1992, the Live-in Caregiver program accepts between 2,500 and 3,500 caregivers each year.[17] According to Immigration, Refugees and Citizenship Canada, "Live-in caregivers are individuals who are qualified to provide care for children, elderly persons or persons with disabilities in private homes without supervision."[18]

Applicants to the program must meet certain criteria, some of which include: high school education, equivalent to Canadian standards, language ability, as well as a written contract by an employer and Employment and Social Development Canada approval that labour shortages necessitate hiring abroad.[11]

Recruitment into this program is seen to be racialized and gendered, as 95.6% of Canada's live-in caregivers are women from the Philippines. Despite this, and unlike the SAWP, no formal labour agreement exists to govern these migratory flows. Rather, an informal Filipino community network, as well as the Philippine government's labour export strategy facilitates and regulates the continuous migratory flows between the two countries. Also unlike those who enter through the SAWP, LCP applicants can apply for permanent residency at the end of their 2-year contract.[19]

International Experience Canada

The International Experience Canada (IEC) program provides young nationals from select countries, with the opportunity to travel and work in Canada for a maximum of 24 months. Interested candidates are randomly selected depending on the spots available for their country of origin and for the category in which they are eligible.[20]

There are three categories under IEC:[21][22]

  1. Working Holiday,
  2. Young Professionals, and
  3. International Co-op Internship.

In order to be able to participate in the IEC, the country or territory that the candidate is a citizen of must have an agreement with Canada, allowing them to apply for an IEC work permit.[23]

Alternatively, if they do not belong to any such country or territory, they must be able to make use of a recognized organization (RO). ROs, for the purposes of IEC, include: AIESEC, GO International, International Association for the Exchange of Students for Technical Experience (IAESTE), International Rural Exchange (IRE), Memorial University of Newfoundland (MUN), Stepwest, WAP Working Holidays, University of British Columbia, and University of New Brunswick.[24]

Furthermore, the candidate will also have to successfully meet the eligibility requirements for their country or territory of citizenship as well as of the specific pool that they are applying for. Usually, countries that have an agreement with Canada as to the IEC program allow candidates to participate in the program only 1 time. Other countries, though allowing a candidate to apply 2 times, will require the candidates to apply in different pools each of the times that they apply for the IEC.

Those holding a refugee travel document that has been issued by a country with a youth mobility agreement with Canada are not eligible to participate in the IEC program. While dependents cannot be taken along on the IEC, dependents might apply for visiting, studying, or working Canada. The applications are to be assessed separately and not along with that of the IEC candidate.

Employment

Apart from their temporary status, TFWs have the same employment rights as Canadian workers, and can phone a free 1-800 number for help.[25] However, because of the way in which the Canadian residence of a temporary foreign worker is tied to an employer, some TFWs have said they have been treated worse than Canadian co-workers.[26]

Foreign agricultural workers make up roughly 60% of all workers coming into the country under the TFWP.[27]

Criticism and debate

Criticism surrounding temporary residents of Canada has been contentious and subjective topic in the Canadian government and the public. Under the 29th Canadian Ministry, two-thirds of Canadians (65%) believe that the government admits too many temporary residents and prospective immigrants with its current immigration plan, according to a poll conducted by Léger[28]

In May 2014, the TFWP was the focus of debate between the 28th Canadian Ministry and the New Democratic Party official opposition questioned at the House of Commons about the program. CBC reported that some employers were said to be abusing the TFWP by bringing in temporary foreign workers to areas where qualified local workers were collecting Employment Insurance (EI) benefits.[29] During Question Period, Harper said that the government had addressed this issue before 2013, and that changes had been made to both the EI and TFW programs in order to address these issues. He stated that the NDP did not cooperate at the time in the introduction of the changes, and that NDP Members of Parliament requested more foreign workers in their own ridings.[30]

In January 2014, Employment Minister Jason Kenney pledged a second round of reforms citing employee frustration.[31] In April, issues with the program came under scrutiny by CBC relating to the procurement of temporary foreign unskilled labour by McDonald's Canada.[32] On 24 April, Kenney announced that the TFWP had been suspended for the food-services industry.[33] It has since been renewed.

Following the COVID-19 pandemic the Canadian government under Prime Minister Justin Trudeau and his 29th Ministry gradually admitted a large number of TFW's, and increase the number of permanent residents Canada welcomes each year to 500,000 in 2025, a decision that drew considerable attention and scrutiny. This was done against the Public Service of Canada wishes, who warned of lack of adequate housing and infrastructure.

As of 2021, there are over 775,000 temporary foreign workers in Canada, with them representing 4% of the workforce. The majority of temporary foreign workers are employed in low-prestige jobs, such as fast food workers.[34] Several economists have said temporary foreign workers and international students increasingly form the backbone of low-wage labour. Mike Moffatt, an economist and professor at the University of Western Ontario, said that “What we’re basically bringing in a lot of is, essentially, temporary foreign workers under student permits to work fast-food jobs and things like that.”[34]

Media investigations

Since 2013, the Canadian Broadcasting Corporation (CBC) began reporting on issues surrounding the hiring of temporary foreign workers by companies who

On 6 April 2013, CBC News reported that Canadian IT workers at the Royal Bank of Canada (RBC) were losing their jobs to replacement foreign workers, who were brought from India by outsourcing firm iGATE. Existing RBC employees trained their replacements before they themselves were laid off, causing their appeal to the media.[35][36] RBC responded to the controversy by issuing a statement denying the charges and offering clarification of the situation.[37] While a reported 45 employees lost their jobs, the bank nevertheless had indicated that they intended to expand this practice in the coming year.[38]

Additionally in 2013, CBC found that, in Saskatchewan, 65% of recent newly created jobs were held by temporary foreign workers,[39] and in Nova Scotia over one thousand employers had requested foreign workers.[40] CBC also reported that a Chinese company that owns a mine in British Columbia was attempting to import workers from China.[41] According to the Huffington Post, one of the requirements of the job was the ability to speak Mandarin Chinese.[42]

In October 2013, The Huffington Post reported that the Alberta Federation of Labour said foreign workers were displacing Canadian workers in Fort McMurray. The report claimed that 270 Canadian workers employed by a Toronto-based firm were to be replaced by foreign workers employed by an Italian firm.[43] On 23 October, Global News reported that Farmers of North America, in Saskatoon, was helping farmers recruit TFWs in order to help them. The Canadian Federation of Agriculture reportedly estimated that Canada was in need of 30,000 seasonal and longer-term farm workers. Employment Canada acknowledged that there was a shortage of agricultural workers.[44]

In December 2014, CBC reported that Microsoft Canada obtained an exemption from the federal government that will allow the company to bring in an unspecified number of TFW to British Columbia. The trainee foreign workers (most of whom would be citizens of India and China) were to be hired without requiring Microsoft to look for Canadian workers who could fill the positions.[45]

Issues with the Live-in Caregiver Program

The exploitation of migrant labour has been a key issue amongst labour and civil society groups. Many have suggested that the structure of Canadian temporary migration programs, particularly the Live-in Caregiver Program (LCP), perpetuate social and economic inequalities in the long-term. There are little provincial employment standards regarding the recruitment and monitoring of the LCP, which leaves migrant workers vulnerable to exploitation. At present, only the province of British Columbia requires that workers be registered by their employers under the Domestic Workers' Registry. Employment agencies, on the other hand, are only regulated in two provinces, British Columbia, and Alberta, and their regulation only amounts to operating licensing requirements.[46]

The lack of systemic regulation makes it difficult for contract violations to be contested. Under the law, contracts should specify total work hours, vacation time, wages, and benefits. However, in a study conducted by a Montreal organization, PINAY, together with the McGill University School of Social Work, it was found that in 25% of the 148 live-in caregivers studied, employers did not sign a contract at all, and 43% claimed that they weren't paid for overtime work.[47]

Another issue with temporary migrants is the limited mobility afforded to them within the confines of their stipulated contracts. What sets the LCP apart from the TFWP is that applicants are required to have a minimum secondary school education as well as domestic service training. Research has even found that a large number of those applying through the LCP program are overqualified and have post-secondary education, and training as registered practitioners and nurses from their origin countries.[47] However, due to the live-in requirement and the length of the LCP contract, deskilling occurs, wherein educational qualifications and training once held by immigrants prior to entering the program are not utilized or developed. This leads to downward occupational mobility as re-entry into the labour market with a skilled position becomes difficult upon the end of the contract, and once permanent residency is achieved.[46]

Abuse of workers and accusations of modern slavery in Canada

In 2017, the Toronto Star conducted an investigation that revealed a large number of cases of incorrect accommodation, lack of access to medical care, violence and abuse.[48][49][50]

In July 2024, a report for the United Nations Human Rights Council by the Special Rapporteur on contemporary forms of slavery Tomoya Obokata described the program as a "breeding ground for contemporary slavery".[51] Obokata's report found many instances of debt bondage, wage theft, lack of personal protective equipment, abuse, and sexual misconduct.[51][52] Immigration minister Marc Miller gave a statement to Reuters saying that the program was "in need of reform" and that the low-wage stream needed to be examined.[53]

See also

References

  1. ^ McKinsley, Sean. "What is an LMIA/LMO and why do I need one?". Canada Immigration & Visa Services. Retrieved May 17, 2019.
  2. ^ Misina, Nikola (July 15, 2019). "Hiring Foreign Workers in Canada: How to Hire a Foreign Worker in Canada". Canada Immigration & Visa Services. Retrieved July 15, 2019.
  3. ^ "Fact Sheet: Temporary Foreign Worker Program". Employment and Social Development Canada. Government of Canada. August 9, 2018. Retrieved November 16, 2020.
  4. ^ "Temporary Work Permit Canada". FWCanada. Retrieved August 2, 2021.
  5. ^ "Express Entry System and Temporary Foreign Worker Program". Retrieved August 2, 2021.
  6. ^ a b c d "Rise in foreign temp workers questioned by labour groups". CBC News.
  7. ^ "Jason Kenney suspends food services sector from foreign worker program: Tim Harper". The Star. April 24, 2014.
  8. ^ Wingrove, Josh (January 27, 2014). "Ottawa to revise foreign-worker rules as employers complain of delays". The Globe and Mail.
  9. ^ "Reforming the Temporary Foreign Worker Program". Employment and Social Development Canada. Government of Canada. July 21, 2014. Archived from the original on December 25, 2014. Retrieved November 27, 2014.
  10. ^ "Foreign worker program gets new rules, higher fees". CBC News.
  11. ^ a b c "Roundtable on Temporary Migration and the Canadian Labour Market" (PDF). Ottawa, Ontario: Institute for Research on Public Policy. April 30, 2012. Archived from the original (PDF) on May 14, 2013. Retrieved February 12, 2013.
  12. ^ Nakache, D. & Kinoshita, P. J. (2010). "The Canadian temporary foreign worker program: do short-term economic needs prevail over human rights concerns?". IRPP. Retrieved February 7, 2013. [permanent dead link‍]
  13. ^ Tannock, Stuart (2011). "Points of Prejudice: Education-Based Discrimination in Canada's Immigration System". Antipode. 43 (4): 1330–1356. Bibcode:2011Antip..43.1330T. doi:10.1111/j.1467-8330.2010.00864.x.
  14. ^ "The good, the bad and the ugly of Quebec's labour shortage". montrealgazette. Retrieved August 5, 2021.
  15. ^ "Canada begins consultations to improve living conditions for temporary foreign workers". The Cattle Site. Retrieved August 10, 2021.
  16. ^ "COVID-19's heavy toll pushed Ottawa to propose these changes to how migrant farm workers are housed". thestar.com. November 5, 2020. Retrieved August 10, 2021.
  17. ^ a b Reed, Austina J. (2008). "Canada's experience with managed migration". International Journal. 63 (2): 469–484. doi:10.1177/002070200806300216. S2CID 150466672. ProQuest 220855076.
  18. ^ "Live-in Caregiver Program". March 31, 2007.
  19. ^ Khan, Sabaa A. (2009). "From Labour of Love to Decent Work: Protecting the Human Rights of Migrant Caregivers in Canada". Canadian Journal of Law and Society. 24 (1): 23–45. doi:10.1017/s0829320100009753. S2CID 143172593. Retrieved November 19, 2012.
  20. ^ Canada, Immigration, Refugees and Citizenship (November 2, 2015). "Become a candidate – International Experience Canada - Canada.ca". www.canada.ca. Retrieved February 5, 2018.{{cite web}}: CS1 maint: multiple names: authors list (link)
  21. ^ "International Experience Canada (IEC) - Eligibility and Application Guide | Just For Canada". Just For Canada. Retrieved February 5, 2018.
  22. ^ "инвестиционная программа гражданства Вануату". Retrieved September 11, 2023.
  23. ^ "International Experience Canada: Who can apply". December 12, 2014.
  24. ^ "Work and travel in Canada using a Recognized Organization". August 5, 2021.
  25. ^ "Protection of Temporary Foreign Workers | ESDC". Archived from the original on December 25, 2014. Retrieved November 27, 2014.
  26. ^ "McDonald's foreign workers call it 'slavery'". The National. CBC News. Archived from the original on December 24, 2014. Retrieved November 27, 2014.
  27. ^ Singer, Colin (July 30, 2021). "Canada's Temporary Foreign Workers Get More Protection After Abuse Reports". Canada Immigration News. Retrieved August 5, 2021.
  28. ^ Presser, Jonah (August 29, 2024). "Federal Voting Intentions: August 2024". Leger. Retrieved November 19, 2024.
  29. ^ "Temporary foreign workers hired in areas with EI claimants." CBC News. 7 May 2013. Retrieved on 2013-07-26.
  30. ^ "Harper says foreign worker program is being fixed." CBC News. 7 April 2013. Retrieved on 2013-07-26.
  31. ^ Wingrove, Josh (January 27, 2014). "Ottawa to revise foreign-worker rules as employers complain of delays". The Globe and Mail.
  32. ^ "McDonald's foreign worker practices face growing investigation." CBC News. 14 April 2014. Retrieved on 2014-04-14.
  33. ^ "Businesses 'will be hurt' by temporary foreign worker restaurant ban: Industry | CTV News". April 25, 2014.
  34. ^ a b "How Canada became a hotbed for low-wage foreign labour". The Globe and Mail. November 8, 2022. Retrieved May 27, 2024.
  35. ^ "RBC replaces Canadian staff with foreign workers". CBC News. British Columbia. April 6, 2013. Retrieved April 9, 2013.
  36. ^ "RBC temporary workers: Ottawa concerned about move". Financial Post. April 7, 2013. Retrieved April 9, 2013.
  37. ^ "rbc.com - RBC - Media Newsroom". RBC. October 17, 2011. Retrieved April 9, 2013.
  38. ^ Sophie Cousineau (April 8, 2013). "Ottawa to probe RBC job outsourcing". The Globe and Mail. Toronto. Retrieved April 9, 2013.
  39. ^ "Labour congress warns of foreign worker 'exploitation'." CBC News. 11 April 2013. Retrieved on 2013-07-26.
  40. ^ "1,029 Nova Scotia employers request foreign workers." CBC News. 10 April 2013. Retrieved on 2013-07-26.
  41. ^ "B.C. mine's temporary foreign workers case in Federal Court - Business." CBC News. 9 April 2013. Retrieved on 2013-07-26.
  42. ^ Temporary Foreign Worker Program May Be Distorting Labour Market Needs: Study. Huffingtonpost.ca. Retrieved on 2013-07-26.
  43. ^ "Temporary Foreign Workers in Fort McMurray Shutting Out Canadian Labour: Alberta Federation of Labour". Huffington Post. October 10, 2013.
  44. ^ "Saskatoon company helping farmers hire temporary foreign workers". Global News. October 23, 2013.
  45. ^ "Federal government allows Microsoft to bring foreign worker trainees". CBC News.
  46. ^ a b Pratt, Geraldine (2003). "From Migrant to Immigrant: Domestic Workers Settle in Vancouver, Canada" (PDF). RIIM. 3 (18). Vancouver Centre of Excellence/The Philippine Women Centre: 1–32. Retrieved February 7, 2013.
  47. ^ a b Brickner, Rachel K. & Straehle C. (2010). "The missing link: Gender, immigration policy and the Live-in Caregiver Program in Canada". Policy and Society. 29 (4): 309–320. doi:10.1016/j.polsoc.2010.09.004.
  48. ^ "Canada's Temporary Foreign Worker Programs | The Canadian Encyclopedia". thecanadianencyclopedia.ca. Retrieved August 19, 2021.
  49. ^ "Unscrupulous recruiters keep migrant workers in 'debt bondage'". thestar.com. October 8, 2017. Retrieved August 19, 2021.
  50. ^ "He's worked legally in Canada for 37 years but the government considers him 'temporary'". thestar.com. October 5, 2017. Retrieved August 19, 2021.
  51. ^ a b Caruso-Moro, Luca (August 13, 2024). "Canada's foreign worker program a 'breeding ground for contemporary slavery,' says UN report". CTV News. Retrieved August 14, 2024.
  52. ^ Obokata, Tomoya (July 22, 2024). Visit to Canada: Report of the Special Rapporteur on contemporary forms of slavery, including its causes and consequences, Tomoya Obokata (PDF) (Report). United Nations Human Rights Council. Retrieved August 14, 2024.
  53. ^ Paperny, Anna Mehler (August 13, 2024). "Canadian immigration minister says temporary worker program needs reform". Reuters. Retrieved August 14, 2024.
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