Privatizing immigration

 

 

It all began with the rapid rise in the number of temporary foreign workers who have been coming to Canada to fill in labour shortages that cannot be addressed by Canadian workers. There is no quota for this type of workers, no upper limits.

 

There are more temporary foreign workers in Canada over the past decade, more so and rapidly since 2006. Today their ranks outnumber those of economic immigrants.

 

In 2010 alone, there were 283,096 temporary foreign workers in Canada, doing work that employers claimed there was no Canadian available to do. This is the highest on record, but only slightly higher than the number recorded during the worst of the recession in 2009.

 

The highest demand for temporary foreign workers comes from Alberta and Saskatchewan, the fastest-growing economies in Canada. But every Canadian province except Newfoundland and Labrador and Nunavut has at least doubled its number of “guest workers” over the years.

In an effort to modernize Canada's immigration process, the Harper government has
introduced several key proposals. The Agenda looks at what the proposals mean for
those coming to Canada. Click link to view "Realigning Canadian Immigration,"
http://www.youtube.com/watch?v=vrGfit4-z5g&feature=related

Armine Yalnizyan, a senior economist with the Canadian Centre for Policy Alternatives, has observed that this shift to temporary foreign workers or “guest workers” as others call them, is an indication of government’s off-loading of public policy to private sector interests. The public interest which is much broader than employers’ needs is increasingly being taken over by the private sector such as Canada Immigration’s plan to allow employers to define Canadian immigration policy.

 

While the involvement of employers can help reduce skill mismatches between local economic needs and immigration quotas set by Canada Immigration, there is a clear and present danger in allowing employers alone to determine the workers they are willing to admit because they are intuitively looking for average workers, not skilled labour. Employers are now taking advantage of the temporary work permit program to bring workers for hotels, fast food outlets, janitorial services and factories – typical Canadian jobs, albeit low-paying.

 

According to Naomi Alboim, Fellow and Adjunct Professor at the School of Policy Studies at Queen’s University, “while the use of temporary foreign workers to address acute skill or labour shortages is justifiable, some employers are using them to fill ongoing vacancies without exploring more durable long-term solutions. This is an illustration of how federal policies which facilitate temporary entry to Canada sometimes have long-lasting detrimental effects.”

 

Temporary workers come to Canada practically as guests of the employer. Oftentimes, they have very few rights or which they are usually unaware. They have no access to services available to other immigrants, and rarely is there a path for them to permanent residency.

 

Yessy Byl, a lawyer who volunteers with the Edmonton Community Legal Centre describes the temporary foreign worker program as really about contracting out immigration. “In fact the government is setting the stage for a bizarre non-immigration program because those workers can’t immigrate,” Byl adds.

 

Now comes the Expression of Interest (EOI) program that Canada Immigration Minister Jason Kenny proposes to install beginning January 2013. It’s a program borrowed from New Zealand and also adopted by Australia last July 2012, which builds a pool of skilled worker applicants that will allow employers to cherry-pick potential immigrants to fill regional labour shortages. By the end of 2014, Canada Immigration expects this pool of candidates to be made available to employers who can screen and choose the workers they would allow to immigrate.

 

Essentially, this amounts to privatizing immigration. Whether unintentional or not, the present Conservative government seems bent on passing to employers the responsibility for focusing the country’s immigration program towards meeting their labour market needs. To Minister Kenney, allowing employers to determine who they are willing to accept is needed to generate growth for the Canadian economy. In a statement issued last year, Mr. Kenney said “Employers are best positioned to decide who can best fill the open jobs rather than a passive and bureaucratic system.”

 

Based on the New Zealand experience, the Expression of Interest program is nothing but a paper review of an immigrant’s application, minus the required proof or documents needed to assess the application. An applicant can submit electronically or on paper an expression of interest to apply under the skilled migrant category. The questionnaire that accompanies the application is no different from the same standard questions an applicant needs to answer when applying for immigration. It’s still in a long format that asks for personal information, work experience, job qualifications and educational background. But the application appears to be biased in favour of those who have undergone post-secondary schooling or post-graduate studies in New Zealand, and those who have had work experience in New Zealand. If after a review the expression of interest is accepted, one must score at least 100 points to be included in the pool, then the applicant is required to submit all documentary proof of his or her answers to the questionnaire.

The pace and scope of change in Canada's immigration system in recent years leaves
one breathless. Click link http://www.youtube.com/watch?v=pC_OHHc_ri0 to view
Prof. Naomi Alboim's "Shaping the Future: Canada's Rapidly Changing Immigration
 Policies."

How different is the Expression of Interest system from the current assessment of an application for any of the categories under Canada’s Immigration system? If New Zealand or Australia can accomplish its EOI assessment in 6 months or less, there is no excuse for Canada not to do the same. Except for one thing, there could be more Canadian applications than those submitted for New Zealand and Australia. But it’s not a good excuse if Canada Immigration is really sincere in its objective of reducing or eliminating the backlog of applications, which appears to be addressed by more efficient processing rather than by legislation or by a single ministerial decision.

 

Remember that all applications for immigration to Canada that were received prior to 2008 have all been wiped out from the backlog. More than 280,000 applications were affected, simply by a sweeping decision of an Immigration Minister, without comprehensive consultation, discussion and parliamentary debate. This also shows unpredictability in Canada’s immigration policy. The fact that changes in criteria can now be made unilaterally by a single minister and imposed retroactively indicates that the rules of the game are constantly changing.

 

Since the affected applicants had been waiting for seven years for their applications to be considered, they have refused to accept Minister Kenney’s decision to annul their applications. Lawyers for the applicants have asked the court for permission to bring a class action against the government. Lorne Waldman, a lawyer representing the applicants, has said that Mr Kenney's decision is unconstitutional and inconsistent with the Canadian Charter of Rights and Freedoms and Canada’s Bill of Rights.

 

The Expression of Interest system that is being proposed by Canada Immigration will not fully solve the issue of qualification and employment, especially if the determination is going to be left primarily to employers. While it is the federal government that regulates immigration, provincial and professional bodies play key roles in facilitating the employment of immigrants once they have settled in the country. Today, there is less coordination between professional bodies and industry and the government. Attracting qualified new immigrants with promises of good jobs would be misleading them, more so if they find out that it’s the provincial and professional bodies that really control access to jobs. The sad consequence is that these immigrants become deprofessionalized and are forced to accept jobs in the labour market that either underemploy or deskill them.

 

More to the point, Canada Immigration is increasingly becoming a slave to the labour market. The reliance on temporary foreign workers who are selected by employers based on their own short-term interests is headed towards a very troubling path. It is a policy that augurs well for the normalization of migrant labour in Canada, but doesn’t bode well for diversity, appalling for the workplace, and could potentially turn immigration into a source of social tension.

 

Privatizing immigration adds to the growing list of public services that the present Conservative government insists are better delivered and more cost-effective if transferred to the hands of the private sector. Health care, education, social services, utilities, even the prison system, are just a few of those targeted for privatization. The overhaul of Canada’s Immigration system is a clear sign that employers and the labour market are being given the primary responsibility to determine public policy to the detriment of national interest.

 

Throughout its history, Canada has been a welcoming nation to immigrants, unifying their families and providing citizenship and accepting their full participation in Canadian society. Canada’s radical shift in immigration policy from one that is based on the huge potential of human capital is reversing this trend and pushing Canada downwards to a troubling new direction.

Canada’s dream daycare program

 

 

One of the recurring program changes that Canada Immigration considered between 2008 and July 1, 2012 was the proposal to impose a four-year limit on temporary foreign work in Canada and a four-year waiting period to return to Canada. This was supposed to include all temporary foreign workers, without exception.

 

On April 1, 2011, Canada Immigration implemented this program but Canada’s Immigration Minister Jason Kenney had a change of heart and exempted the Live-in Caregiver Program (LCP) from the four-year limit on temporary work visas, thus continuing the right of foreign domestic workers to apply for permanent residence after completing two-years of live-in service. Maybe the thousands of Filipino caregivers under the LCP have worked their magic charm on Mr. Kenney after they have hailed him as their hero and the “king of Canada’s multiculturalism.”

Filipino nanny takes care of employer's child. Photo courtesy of Kia, Marin & Liam.
Click http://www.youtube.com/watch?v=TDsbr_X2uV8 to view  "Nanny Documentary 1."

But the exemption covers only those caregivers who have already completed their work contracts and have submitted their applications for permanent residence when the new rules took effect in 2011. We just have to wait and see if the final Rules and Regulations in January 2013 will still contain this important exemption for workers under the LCP.

 

There is reason to worry because this has been done before by the Canadian government. Before the Foreign Domestic Movement in 1981 and the LCP in 1992 were adopted, foreign domestic workers, particularly those from Europe and those of English ancestry, were given the right to enter and stay. Prior to the 1970s, domestics from Britain were granted permanent residence after providing live-in services for six months. These domestics were given this right with the eye toward their future roles as wives and mothers. But this right was not given to Caribbean women who were allowed to enter Canada under short-term work permits. 

The LCP and the previous Foreign Domestic Movement program were seen by Third World domestic workers as the necessary purgatory to obtain permanent residence. But this may change if the path to permanent residence will be removed from the program by Canada Immigration in 2013.

 

Right now, nanny placement agencies in Canada are looking for various alternatives in case the LCP becomes a four-year temporary contract without giving workers hired under the LCP to apply for permanent residence after two years. The only reason why the LCP has become so popular, especially among Filipino women, is because these workers look at their mandatory two-year live-in requirement as a transition to a better future. These workers are unlikely to complain no matter how exploitative their work and living situations are. Even if their work amounts to being underemployed and de-skilled, it is still better than remaining in the Philippines with no prospect of a better future. Judging from the success of their predecessors, they all know they can also do well in the open job market after becoming permanent residents.

 

An alternative being considered by nanny placement agencies is the hiring of au pairs from Europe for 12 months under the existing working holiday visas. These visas are faster to process and since holiday visa workers do not stay permanently after one year, this option for Canadian families is of low cost to the government.

 

Daycare has always been a critical problem for Canada’s young families, where many Canadian women are torn between the choice of keeping their professional careers and putting them on hold to look after their young children. The cost of daycare has also increased sharply in the last 20 years, driving spouses to consider alternative working hours so that one parent is left to provide care to the children while the other works. This is especially true for parents who prefer home-based child care rather than the child care centre. It is estimated that the national average for child care in Canada is more than $4,500 a year, and 7.8 percent of a family’s budget is directed to child care.

Click link http://www.youtube.com/watch?v=cYtPycoW9ng to view "The
Canadian National Child Care Policy."

There has been a move toward regulated child care in all provinces, away from informal family arrangements. In Quebec, which subsidizes daycare heavily, 72 percent of children attend regulated centres. In the rest of Canada, the rate is 40 percent. It is also estimated that more than 165,000 regulated spots are needed to meet the demand for space.

 

In Quebec, its newly-elected premier Pauline Marois has promised low-cost day care for all families, a project which she launched 15 years ago when she was education minister in 1997. The heavily government subsidized $7-a-day daycare system has been plagued by a shortage of available spaces and many families have been on the waiting list for so long. Marois promises to create 28,000 new spaces, a project which will take four years and cost the province $261 million more per year. But this project, according to Marois, will eventually leave the province with a spot for every child.

 

A recent study showed that the Quebec daycare system works and it provides economic benefits to families and has helped single parents to enter the workforce. The study also concluded that the province’s daycare program added 1.7 per cent to Quebec’s GDP in 2008 and brought back $1.50 in tax revenue for the federal and provincial governments, combined, for every $1 spent by Quebec. In Ottawa, the last time the federal government toyed with the idea of creating a national daycare system based on the Quebec plan was during the Liberal government under Paul Martin.

 

At present, Canada provides cash transfers and tax exemptions for child care services that benefit disproportionately the wealthiest Canadians, but offer very little support to middle-class families. Outside Quebec, parents are paying between $1,000 to $2,000 a month for each child care space, an enormous fraction of a middle class family’s income.

 

The concept of a national childcare program has been proposed by the Royal Commission on the Status of Women in 1970. Finding that reliable child care is fundamental to women’s equality in employment, the Commission recommended that “the federal government immediately take steps to enter into agreements with provinces leading to adoption of a national Daycare Act.” The Vanier Institute of the Family also noted that “most women and men expect to have jobs and careers. With the high cost of living, most families require two earners to achieve an average standard of living.”

 

Nothing has been accomplished at the federal level and the provinces—with the exception of Quebec—in successfully implementing an effective and low-cost daycare program.

By virtue of default by the federal and provincial levels of government, the Live-in Caregiver Program has become Canada’s substitute daycare program: home-based daycare plus the added benefit of a caregiver who looks after housekeeping, cooking and other menial chores that Canadian mothers would prefer not to do by themselves. It’s a dream daycare program: low-cost to the government, and an affordable and comfortable luxury to families who can afford to hire a live-in caregiver.

 

However, the mandatory live-in residence requirement for LCP workers undermines the LCP workers’ personal freedoms and increases their vulnerability to every form of abuse and exploitation. Domestic workers have to endure two years of indentured service just to have a shot at the prize of landed or permanent resident status.

 

Whether live-in caregivers keep their chances of gaining permanent residence after two years of work, the obvious winner in this type of arrangement is the Canadian government. Foreign domestic workers bear the heaviest of burden among all new immigrants—that of modern-day slavery only to get a crack at that much-vaunted Canadian life in the future, while others get instant landed status and the opportunity to pursue the careers they’ve prepared for.