Shaping the Future:Canada’s rapidly changing immigration policies

September 2012 By Naomi Alboim

The Maytree Foundation

Presentation by Naomi Alboim Policy WorkshopLabour Migration and IntegrationCarleton UniversityOctober 26, 2012

Overview of presentation1. Pace and scope of change

2. Changing powers and roles

3. Policy and program changes

4. Cumulative impact

5. What Canada needs

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Pace and scope of change• Period of unprecedented change in federal immigration

policies from 2008 to mid-2012 with no signs of stopping• Changes affect:

– Every aspect of immigration policy and programs– Process for immigration reform– Powers and roles of players– Discourse on immigration

• Potential individual and cumulative impact is shaping the future of Canada

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Overall federal directions• Tighter requirements for permanent entry of all classes• Facilitation of temporary entry as foreign worker or

international student• More opportunities to transition to permanent residence for

some temporary entrants• Tougher rules for citizenship• Changing powers and roles

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Changing powers and rolesIncreased Ministerial Power ( via budget and omnibus

bills)

• Power to make significant changes through Ministerial Instructions to:– limit applications processed; – accelerate or return applications; – impose conditions on applicants and employers; – create programs;– retroactively apply instructions; – establish classes for sponsorship, permanent and temporary applicants, work permits, study permits

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…Changing powers and rolesUnilateral decisions that strain federal-provincial relations• Provincial nominee programs; occupation lists; international

students; settlement;

Increased role for third parties• Two step immigration: selection role for employers and

educational institutions but no requirements for settlement, or to consider best interests of nation

• Third party assessors (language, education credentials, trades certification)

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Mix of policy/program changes• Some seem positive (eg. new selection criteria for FSW,

new trades program)• Others problematic (eg. increase in low-skilled temporary

workers, pay less than prevailing wage)• Most too early to tell, policy and implementation details

unknown, will need close monitoring and evaluation• Some evidence based (eg. language requirement for PNPs)• No evidence for others (eg.4 year limit on low skilled TFW)• Others seem counter to evidence (eg. occupation list for

skilled workers, no transition to permanent residence for low skilled TFW)

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Economic class• Proposed changes will make it harder to qualify but

possibly better short term results– Federal Skilled Worker Program– Provincial Nominee Program– Immigrant Investor Program– Immigrant Entrepreneur Program

• Caps or moratoria on new applications while re-design underway

• Federal Skilled Trades Program to be introduced

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• Emphasis on language, education and age are supported by evaluation – but nuances important:– Language standards will change source countries without

consideration of second-generation success and other objectives– Those at height of career may be penalized; youth over-valued– Third-party educational assessments may be more objective but

could cause problems for those in regulated professions• Return of applications and fees creates uncertainty• Proposed trade program good but problematic certification

issues

Federal skilled workers

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Changes Implemented• Imposition of caps• Language requirement for low and semi skilled

Changes Proposed• Focus on economic objectives

Common standards for PNP good given mobility rights No occupation list and FSTP may reduce demand, but

target should be negotiated

Provincial nominee programs

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• Investors– Doubled requirements - $1.6 million net worth and $800

thousand investment– Temporary closure of program– Proposed switch to “high value global investors” with

active involvement, risks transferred to individuals• Entrepreneurs

– Moratorium pending redesign– Potential 5 year pilot for limited numbers (2,750) over

limited period on “start-up visa” following consultation– Conditionality?

Business immigration

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• New Zealand model: two step application process adapted by Australia• Initially for FSW, potentially beyond (all economic class? PNP? TFW?)• Pre-screened pool available for review by FPT governments and

employers• If of interest, invited to apply; if not within time period, application

returned• Intake management tool: no backlogs• Consultation ongoing• Many operational questions

Expression of interest model

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Temporary foreign workers• Very heterogeneous group• Demand driven: no targets, caps • Significant increase in entries and stays overall: domestic

worker and resource implications• Accelerated LMOs for higher skilled, 15% less than

prevailing wage will result in more TFWs, depress wages• Significant increase in Low Skilled Pilot despite evidence.

No legal transition to permanent residence• Little enforcement of new protections: complaint based• No employers on “ineligible” list• Future of LCP? SAWP? LMO exemptions?

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• Temporary worker must leave after 4 years - may go underground (April 1, 2015)

• Instead of LMO extensions and new LMOs, better to hire people already here and to invest in training, wages, benefits and working conditions

• Loss of status if work for “ineligible” employer is punitive

…Temporary foreign workers

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• Strategy to attract more students: work permits

• May apply for permanent residence (PNP or CEC)

• Open work permit for three years post graduation

• BC pilot to extend open work permits to graduates of private career training programs

• International PhDs may apply to Federal Skilled Worker program earlier than under CEC

• Proposal: eligible institutions, pursue studies, work permits for valid student permit holders

International students

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• Efforts to attract and retain international students have had limited success

• Biggest increase is in “other PSE institutions”.

• Questionable institutions could be offering poor quality programs to non-genuine students

• Change regarding PhDs students is promising

…International students

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Canadian Experience Class

• Easier transition for high skilled temporary foreign workers (reduced work experience requirement from two years to 1 year) and for international students is welcome

• But two-step immigration should not become the norm– need support to be successful – are ineligible for federally funded settlement services– no requirements on employers or educational institutions to

provide common supports• Better to enter with full rights, access to services, and on

track for citizenship

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Cumulative impactThe cumulative impact of all these changes is reshaping the future of the nation.

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…Cumulative impactFocus on short term labour market gains

– Economic class growing at expense of others– PNP receive priority processing over FSW– Occupational screen for FSW– TFW increases, no caps

Despite:– Relationship among classes– Second generation success– Evidence re FSW: human capital vs occupation– Over-reliance on TFW - long term domestic implications– Evidence: stayers and leavers

Impedes long-term nation building20

…Cumulative impactLack of Policy Coherence, Consistency, Predictability• Relationship within and between permanent and temporary

groups• Use of low skilled pilot for agricultural workers• Time limits for temporary workers, but not for employers• Costs for work permits for workers, but not for LMOs for

employers• Uneven enforcement• Caps, moratoria, returned applications, changed criteria,

retroactivity

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…Cumulative impactWeakening the Democratic process• Budget bills and omnibus legislation• Ministerial powers diminish role of parliament• Limited or piecemeal consultation by invitation or online• Growing numbers who cannot vote or fully participate

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… Cumulative ImpactLess Welcoming Environment• Tightened criteria for permanent residence, increased

upfront costs on spec, unpredictability, less family reunification

• Law and Order agenda and enforcement focus• Mixed messages: ‘we need immigration’ but ‘queue

jumpers’, ‘taking advantage of Canada’s generosity• Harsh treatment of most vulnerable

Makes Canada a less attractive destination

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SHAPING THE FUTURE

IMPACT OF RECENT CHANGES VS. WHAT CANADA NEEDS

1. Focus on short-term labour market gains

Long-term vision to meet future needs of the nation through permanent entrants who will stay and contribute

2. Policy incoherence and unpredictability

Evidence-based policies that work together under a national vision

3. Weakening the democratic process

Public engagement, parliamentary processes, and meaningful provincial involvement

4. Less welcoming environment Ensuring that Canada remains a desirable immigration destination

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It's time for a national conversation on what kind of country we want to be, how immigration policy can help us get there, and implications for current and future immigration policies.

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Principles for immigration policy• Focused on long-term social and economic objectives and

a commitment to citizenship• Evidence-based, comprehensive, fair and respectful of

human rights• Developed through public and stakeholder engagement,

meaningful federal-provincial-territorial consultation, and democratic processes

• Able to enhance Canada’s reputation around the world

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Conclusion• Immigration policy is central to achieve economic,

demographic and regional objectives

• Decisions today will shape the future of Canada for generations to come

• Too important to be done quickly, piecemeal, without adequate evidence, impact analysis and public debate

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