shaping the future: canada’s rapidly changing immigration policies september 2012 by naomi alboim...
TRANSCRIPT
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
2
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
3
4
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
5
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
6
…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)
7
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)
8
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
9
• 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
10
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
11
• 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
12
• 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
13
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?
14
• 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
15
• 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
16
• 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
17
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
18
Cumulative impactThe cumulative impact of all these changes is reshaping the future of the nation.
19
…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
21
…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
22
… 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
23
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
24
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.
25
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
26
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
27