Canada's Immigration Reform Draws Renewed Criticism
In Light of a Sexual Harassment Case, Citizenship and Immigration Canada Has Come under Fire for “Exploitative” Temporary Foreign Worker Program
A recent human rights and sexual harassment case may have served to further highlight the potential flaws in Citizenship and Immigration Canada’s Temporary Foreign Worker Program, or TFWP. In April of 2011, Government of Canada immigration officials instituted the new TFWP, which included the controversial “four in, four out” policy. This meant that employees hired from outside of Canada through the program were tied to their job, and that after working for four years, they would be barred from re-entry for four additional years. The program was instituted on the pretext of putting Canadian citizens first in the job market, but it has drawn criticisms for creating a “revolving door,” allowing employers to exploit foreign workers while simultaneously denying jobs to residents.
Now that two women have had their work permits revoked after refusing the sexual advances of their employer, Citizenship and Immigration Canada has drawn renewed criticism for the program, which many see as creating a dangerous number of opportunities for abuse of authority and exploitation of workers. Because temporary foreign workers hired through the program are dependent entirely on their employer, and because cases of harassment and abuse aren’t always easy to prove, this has created the potential for extreme power imbalances between workers and their employers.
In the case of the two women, who have remained unidentified (as has their employer), they were allowed to re-enter Canada as permanent residents and awarded settlements after a tribunal had determined that their basic rights had been violated. In his judgment, adjudicator Mark Hart wrote that, "As a result of the nature of the temporary foreign worker programs in Canada, MPT worked under the ever-present threat of being sent back to Mexico if she did not do what she was told, which was made explicit to her by the [employer] and which ultimately was acted on by him in a discriminatory manner… migrant workers [...] live under the ever-present threat of having their designated employer decide to end the employment relations for which they require no reason and for which there is no appeal or review."
Despite these criticisms of Canada’s immigration reforms, the Canadian government stands by them, claiming that they ensure that Canadians come first when jobs are available. As a counterpoint, the union that led the human rights case involving the unidentified women claim that this method of immigration into Canada is failing to protect the rights of foreign workers that it allows in Canada.
Changes to the Citizenship Act Stirs Controversy
Recent Changes Threaten to Weaken and Jeopardize Canadian Citizenship Status
On June 11th, 2015, the controversial changes to the Citizenship Act came into effect. These changes now make it more difficult for permanent residents to obtain citizenship by placing more stringent requirements on citizenship eligibility and expanding grounds on which citizenship can be denied.
But more stringent requirements for obtaining citizenship are not the only changes that came into effect. Perhaps most controversially, the newly revised version of the Citizenship Act has expanded the grounds on which revocation of citizenship can take place. Premised on the objective of enhancing the safety of Canadians and fighting terrorism, the amendments to the Act now allow the Canadian government to strip dual citizens of their Canadian citizenship on the grounds of having been convicted of fraud, treason, terrorism offenses, or engaging in armed conflict against Canada. This is why it’s essential to consult a Canadian Immigration Lawyer on citizenship matters immediately.
While the Canadian government’s position is that these changes are meant to strengthen the value of Canadian citizenship, critics of the amendments see these changes as effectively weakening the security and permanence associated with citizenship. The Canadian Association of Refugee Lawyers (CARL) argues that the new changes in fact create a discriminatory, two-tier citizenship system in Canada. Many Canadian immigration lawyers also have concerns with these recent changes.
Under the revised version of the Act, dual citizens and naturalized citizens face the risk of having their citizenship revoked upon conviction for certain offenses. Canadian-born citizens who do not have and are not eligible for another citizenship, however, do not face the same risks. What this means is that the Canadian government can in effect discriminate between its citizens in regard to the punishment it can afford them for commission of certain offenses. A naturalized citizen or a dual citizen who has committed the same offense as a Canadian-born citizen is likely to receive a more severe punishment under this new system because they, unlike the Canadian-born citizen, face the risk of having their citizenship taken away.
Canadian Immigration Lawyers believe these recent legislative changes will be challenged in Court. The discriminatory effects of these new changes go against the fundamental values of Canadian society. Section 15 of the Canadian Charter of Rights and Freedoms guarantees equal treatment to all Canadian citizens, regardless of their person characteristics, origins or background. Punishing certain groups of Canadian citizens more severely than others for committing the same offenses precisely on the ground of their origin or background goes against this very notion of equality. Essentially, the new changes go against the constitutionally protected rights of Canadian citizens and it is only a matter of time before the constitutionality new Citizenship Act is challenged. In fact, the constitutionality of Bill C-24 which brought these amendments into effect has already been challenged and the decision of the challenge is currently being appealed.
In Canada, Immigration Lawyers Welcome New Pre-Arrival Programs
How Canadian Immigration Lawyers Believe They’ll Improve Unemployment Rates
Regulatory changes to the application process are only one of several difficulties those seeking Canadian immigration incur. One of the larger issues at hand is the economic transition they face upon arrival. In 2015, the unemployment rate for Canadians with a university degree was 3.2 percent, but for very recent immigrants (five years or less) with a university degree that number rises to 11.5 percent. In Canada, many immigration lawyers attribute this to inadequate economic integration. Although immigrants are accepted and awarded immigration for their skills and experience, once they arrive in Canada they find their education is still not sufficient to acquire a relevant position.
In response to this issue, the Canadian government has begun piloting and funding new pre-arrival training services. The first of such kind, the Canadian Immigrant Integration Program (CIIP), was piloted by the government in 2007 and fully approved by 2010. In Canada, immigration lawyers welcome the CIIP, which provides free pre-arrival orientation to economic class immigrants and their spouses while they await arrival.
In order to be eligible for the CIIP, the immigrants must meet one of the economic classes, i.e. Federal Skilled Workers, Provincial Nominees, Self-Employed Persons, Investors, etc. In Canada, an immigration lawyer can consult with potential immigrants to ensure they meet the requirements of the program.
Since its conception in 2007, the CIIP has helped almost 30,000 clients by providing them with comprehensive information, planning and support to help ease their economic transition and integration into Canada. While this is certainly a step in the right direction, almost every Canada immigration lawyer can agree more help is needed. According to Citizenship and Immigration Canada, between 2009 and 2014 almost 940,000 economic or skilled immigrants came to Canada, only 3.2 percent of which accessed pre-arrival programs.
Some of Canada’s immigration lawyers believe the answer to this shortfall is more approved pre-arrival services. Fortunately, the success of the CIIP has begun to inspire new pre-arrival programs. MOSAIC, a Vancouver-based immigrant settlement service, has just completed its second pilot online pre-arrival program. In addition, the Connector Program, a networking organization, will soon begin working with a pre-arrival program run by Immigrant Services Association of Nova Scotia (ISANS) to help connect newcomers to job opportunities. As for government funding, Canada immigration lawyers see the $35 million earmarked in the 2015 federal budget to make a Foreign Credential Recognition Loans pilot project permanent another step in the right direction.
In Canada, an immigration lawyer can consult with those seeking immigration and help eligible applicants obtain pre-arrival training. For more information, contact a Canadian immigration lawyer today.
Canada Immigration: The Need for Express Family Reunification
Refugee Law Office Weighs in on the Long Wait Periods and the Need to Reunite Families of Refugees
In Canada, immigration is a complex process and the applicable law differs based on the exact nature of every case. In January, the CIC rolled out its express entry for economic immigration, which is particularly advantageous for applicants who can obtain LMIA approved job offers. Under this new system, if selected for an Invitation to Apply, applicants in the economic class could gain entry to Canada in fewer than six months.
The first applicant accepted was Emma Hughes, a chemist from Ireland, who applied in January and gained permanent resident status on March 26. There’s no denying that this new system can work efficiently for some applicants, and it proves that the government can fast-track immigration in certain categories, when it really wants to. So the question many are asking to refugee law offices is, why does it still take so long to reunite families separated by conflict?
In fact, when refugees to Canada try to apply to have their family members allowed to Canada with them, the wait time for application processing is 31 months, or just over two and a half years. During this long wait, many people are left waiting in dangerous conditions. Their safety and security are endangered by this long wait, as many face the same conditions and persecution that caused their family member to flee to Canada in the first place. This has prompted the Canadian Council for Refugees (CCR) to urge Canada’s immigration officials to institute an express entry system for refugee reunification.
The CCR has also published a document including the stories of several families separated by delayed reunification. The names have been changed to protect the people in these stories, but they paint a very grim picture of the situations that are being exacerbated by long wait times, and it’s noted by refugee law offices that many situations involve children being separated from their parents. Children and other family members that are situated in the Middle East or Africa are facing particularly long wait times.
In 1989, the Convention on the Rights of the Child was adopted by the United Nations General Assembly. Today, Canada is one of 194 countries that have signed the Convention and are bound by international law to guarantee the rights and freedoms set out in the Convention. This includes reuniting children with their parents or guardians in a timely manner. It is the belief of some that by subjecting families in general, and children in particular, to such extreme wait times, Canada’s immigration system violates the Convention, and this is cited as further cause to implement an express entry system for family reunification.
With such a system in place, theoretically many more families could find safe accommodations in our country together, and not be separated by extreme distances that put some family members in danger. And with the help of a refugee law office, those who have already landed in Canada and been accepted could have an easier time sponsoring their still at-risk family members.
Canada’s Immigration Lawyers Assist Clients with PNPs across Canada
Investor Program Aims to Stimulate Canada’s Economy
The potential of immigrant entrepreneurs has been enormously important in the creation of new ideas and new jobs. Canada has a lot to gain from inviting entrepreneurs, and provinces are taking the lead in recruiting them, which is where the Provincial Nominee Program (PNP) comes in. Canada’s Immigration lawyers play a critical role in enhancing the success of that process for their clients.
Entrepreneurs interested in exploring the Canadian market have a variety of opportunities to contribute to Canada, start a business or take over a business and resettle their families. While the specific requirements vary by province, most provinces will require the entrepreneur/investor to make an exploratory trip, prepare a business plan and submit it for provincial approval. Once that is obtained, the investor can proceed to implement his plan and put it into action. The assistance of a Canadian immigration lawyer with experience in this area is critical to ensure a detailed plan and the fulfillment of the relevant criteria.
Furthermore, most provinces will require 2 to 3 years of previous experience running a business within the last 5 years. The entrepreneurs’ involvement in daily management of the business is a requirement for most programs as well. Again, consulting with a Canada Immigration Lawyer will be critical to illustrate that the details of the client’s experience is effectively presented.
Ontario, Saskatchewan and BC also require that the new business will create several full time positions for Canadian citizens or permanent residents. Provinces with higher demand require a higher investment, for instance, Ontario’s minimum required investment is 3 million dollars, where at least 1 million has to come from the investor who wishes to settle in Canada.
Other provinces with smaller investment requirements, sometimes allot very few spots for investors and programs fill up quickly. For instance the Quebec entrepreneur program in 2015 had only 150 spots which filled up within a few weeks of the opening of the program.
Below you can find a chart of some of the main requirements for investor provincial nominee programs. Please note that this is only meant to serve as a general guideline and each program has further requirements. You may consult with your Canadian immigration lawyer for more detailed information regarding your specific situation.
You can right click this table and open in a new tab for a clearer image.
