+ Nuclear Energy + Science and Technology + Social Issues/Migration/Health + Taxation + Trade -- Education [ ] Employment [ ] Energy [ ] Environment [ ] Finance and Investment [ ] Governance [ ] Industry and Services [ ] Nuclear Energy [ ] Science and Technology [ ] Social Issues/Migration/Health [ ] Taxation [ ] Trade [ ] Transport [ ] Urban, Rural and Regional Development -- work permit labour migration foreign workers employers international students -- This chapter describes and analyses the two streams via which temporary labour migrants come to Canada: the Temporary Foreign Worker (TFW) Program and the International Mobility Program (IMP). It also looks at a specific sub-group of temporary immigrants — international students — -- with the permanent migration system, initiating a two-step – temporary to permanent – migration. As mentioned in Chapter 1, following concerns of abuse of the previous temporary foreign worker programme, changes to the temporary migration system took place in 2014, establishing two distinct programmes (ESDC, 2014[1]). The first is the Temporary Foreign Worker (TFW) Program, through which employers can hire foreign workers to fill labour and skill shortages where qualified Canadians or permanent residents are not available. A labour market test – a so-called Labour Market Impact Assessment (LMIA) by Employment and Social Development Canada (ESDC) – verifies the genuine need for a temporary foreign worker by checking that the employer has first tried to recruit among Canadians and permanent residents. The employer applies for the authorisation to hire under the TFW Program to ESDC. Once the employer has received a positive LMIA, the foreign worker can apply with the positive LMIA for a work permit to IRCC, under the TFW Program. -- (CAQ) for temporary work in Quebec. ESDC and MIDI jointly analyse the LMIA according to respective regulatory criteria. MIDI assesses wages, working conditions and whether the employment of the foreign worker is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute. ESDC -- academic break both on and off campus based on their valid study permit if the permit states this condition, business visitors and short-term highly skilled workers and researchers, foreign representatives, foreign military members as well as some specific professions.2 ESDC is responsible for the TFW Program while Immigration, Refugees and Citizenship Canada (IRCC) administers the IMP. -- submit an offer of employment via the Employer Portal, nor pay the full employer compliance fee (see next section). Individuals who receive an open work permit come from a diverse group of foreign nationals who require such permits for many different reasons. As they do not need an LMIA, open work permit holders are part of the IMP, although not all -- While open work permits state solely the duration of the permit, an employer-specific permit additionally states the name of the employer and, where applicable, the location. A temporary foreign worker who holds such a permit can only work for the employer, length of time and, where applicable, the place specified on the permit. Individuals -- an exception to the rule. Although these workers are part of the TFW Program, they do not need a new work permit to change employers, as long as the new employer has a valid LMIA to hire the foreign worker under the SAWP.4 Figure 3.2 provides an overview of temporary labour migration. -- programme (TFW Program/IMP) though, importantly, for a fifth of IMP work permits issued, the intended location (province/territory) of work is not recorded. Relative to the population however, foreign work permit holders are often found in Prince Edward Island, British Columbia and Yukon, where they account for more than 1% of the -- discussed in more detail. Temporary Foreign Worker (TFW) Program Recent reforms to the labour-market-tested programme reduced the number of -- programme, thereby rendering it a last and limited resort to fill acute labour shortages and to address integrity issues, as well as concerns about the treatment of some temporary foreign workers (Nakache and Kinoshita, 2010[2]; HUMA, 2016[3]; CIC, 2012[4]). -- job offer, such as job responsibilities, location, working hours, pay and benefits. As part of the LMIA, labour market impacts of the employment of the foreign temporary worker are also assessed. For “low-wage” positions, a cap applies to limit the number of low-wage TFWs hired by the same employer at a particular location to a maximum of 10% of the total staff or 20% for employers who employed temporary foreign workers in the six weeks prior to June 20, 2014, though there are some exemptions.10 In addition, employers cannot hire TFWs in certain low wage occupations11 requiring little or no education, in the -- 2017 to further ensure that Canadian citizens and permanent residents are considered first and foremost for available jobs. Employers seeking to hire temporary foreign workers in “low-wage” occupations (with some exceptions) must now demonstrate that they have made efforts to recruit from two or more underrepresented groups that face barriers to -- recruit from a single underrepresented group. Temporary foreign workers under the TFW Program today can be grouped into the “high-wage” positions Stream, the “low-wage” positions Stream, the Global Talent Stream and the Primary Agriculture Stream -- sub-streams are not to be confused with the “high-” and “low-wage” under the broader TFW Program. The seasonal SAWP, where the temporary foreign worker is a national of Mexico or participating Caribbean countries, is by far the largest programme accounting for about three-quarters of permits issued over the last decade. However, in -- of one year. This makes – where applicable – an annual renewal necessary. For “high-wage” workers, the duration is a maximum of two years. At the same time, since December 2016, temporary foreign workers can remain and work in Canada as long as they have a valid visa/work permit.13 -- Note: Numbers show individual work permit holders by programme with a permit signed in the given year. The Live-in Caregiver Program (LCP) ended in 2014 and foreign caregivers under the 2014 caregiver pilots take part in the regular LMIA tested programmes. Data excludes a small number of other TFW Program holders. -- As mentioned, for “high-wage” job offers, employers must provide a “transition plan” in which they specify how they intend on reducing their dependence on temporary foreign workers and to transition to a Canadian workforce in the future. This plan comes in addition to fulfilling many of the same requirements for “low-wage” occupations. Regarding the transition plan, employers have two options – either to help the temporary foreign worker to become a permanent resident or to reduce the need for temporary foreign workers altogether. Regarding the latter, employers need to provide proof of four distinct activities to recruit, train or retain Canadians/permanent residents. Such activities -- to Canada by providing work permit exemptions for high-skilled short term work, and a dedicated service channel for employers. The goal is to provide faster and assured access to highly-skilled foreign workers to fill job vacancies while ensuring that Canadians and permanent residents have the first opportunity to apply for available jobs. Under -- two-year pilot in June 2017, as part of the GSS, and made permanent in Budget 2019. It facilitates two-week LMIA processing for companies seeking unique talent, or seeking to hire foreign nationals in occupations for which there is a shortage of domestic labour. The stream is available for two types of Canadian employers: -- requires unique and specialised talent in order for the firm to scale-up and grow (Category A); and * Companies seeking to hire highly-skilled foreign workers for occupations found on ESDC’s GT Occupations List because they have been determined to be in demand and for which there is insufficient -- requested to amend or expand existing commitments to make the benefits commensurate with their usage of the Stream. The GTS requires employers to pay and at least annually adjust the wage to temporary foreign workers ensuring equivalent wages to Canadian/permanent resident employees hired for the same job and work location, and with similar -- employer-specific. The TFW Program by design is employer-specific. It is built around a labour market test that requires employers – among other things – to demonstrate a labour shortage. If a temporary foreign worker wants to change jobs or employers, they must apply to change the conditions of their work permit, which in the cases of most TFW Program -- LMIA. The fact that foreign workers are bound to their employers appears to be motivated at least in part by relatively high costs of recruitment faced by the latter. At the same time, the employer-specific work permit limits bargaining power of the temporary foreign worker, making them dependent on the compliance of their employer. If an employer is found non-compliant and banned, an employee risks losing their -- Other OECD countries have introduced provisions to limit the risks for temporary labour migrants in the case of non-compliant employers. In New Zealand, for instance, temporary foreign workers can continue to work for a non-compliant employer for as long as their visa remains valid but cannot renew their visa. In Korea, temporary workers (under -- concerned, Canada announced in May 2019 a new policy for vulnerable migrant workers who are at risk of abuse in the workplace. These temporary foreign workers can apply for a specific “open work permit for vulnerable workers” which is LMIA-exempt and entails the possibility to obtain authorisation to work for another employer.19 -- fee… An employer can apply for several temporary foreign worker positions using one LMIA application form but has to pay the CAD 1 000 fee for each worker.20 The LMIA is valid for six months and within this period the temporary foreign worker has to apply for their work permit to IRCC. Renewals of work permits under the TFW Program involve a repetition of the LMIA-process, including the mandatory payment of the CAD 1 000 fee for each applied position for a temporary foreign worker. This fee is non-refundable in cases of a negative LMIA or a subsequent negative work permit decision. The fact that for both “high-” and -- As part of the overhaul of the TFW Program in 2014, the number of inspections was increased, aiming to inspect one in four employers using temporary foreign workers annually. Inspections may occur after a positive LMIA has been issued and the foreign worker has received a work permit and begun working. Inspections may be conducted during a period of six years and throughout this period employers are required -- regulations. Over the last four years, only 55% of employers under the “high-” and “low-wage” stream were found compliant, whereas over 40% needed to take action to comply with the requirements (Table 3.5). Employer correction was also required for about 32% of the primary agriculture stream and for almost half of the inspected employers in -- programmes. Source: Employment and Social Development Canada (ESDC)’s Foreign Worker System (FWS) and/or the National Integrity Investigation System (NIIS) and/or the Integrity Case Management System (ICMS). -- occupations and has established explicit links with its permanent migration stream for immigrant workers in this sector. As a result, about one in three long-time care workers in Canada is foreign-born, a larger share than in most OECD countries (Figure 3.7). Figure 3.7. Over a third of long-time care workers in Canada are foreign-born Percentage share of foreign-born among the LTC workforce in 2015 (or nearest year) Figure 3.7. Over a third of long-time care workers in Canada are foreign-born Note: OECD and EU are the unweighted averages of the 19 and -- for 24 months in an eligible occupation. The assessment of skills and selection was then done upon application for permanent residence. Hence, foreign national caregivers first entered Canada as any other temporary foreign worker coming under the TFW Program. Depending on the wage offered, they were part of either the “high-” or the “low-wage” stream and a positive LMIA was required to obtain their -- ability to economically establish as permanent residents (e.g. official language, education) at the temporary stage. Interested temporary foreign worker caregivers could only apply for permanent residence after they obtained the relevant work experience and met all applicable permanent residence requirements. Compared with the former LCP, the -- occupations at a lower-skill level (NOC 4411 and 4412, excluding housekeepers). The educational requirement of one-year of Canadian post-secondary education (or the foreign equivalent) introduced in the 2014 pilots is maintained, and the language requirement has been set at CLB 5 for both occupations. The 24 months of full time work experience -- occupations by providing them with permanent residence. Temporary foreign workers who meet the criteria will be able to apply under the new pilot starting in 2020. Applicants require 12 months of full-time, non-seasonal Canadian work experience in the TFW Program, in -- The IMP, as the second umbrella programme for temporary work purposes, aims to advance Canada’s broad economic, social and cultural national interests. Hence, individuals under the IMP do not need to pass a labour market test and are allowed to work either based on agreements -- to IRCC relating to their offers of employment via an online platform called Employer Portal and to pay an employer compliance fee of CAD 230 per work permit. In addition, the foreign worker has to pay a CAD 155 work permit fee. In the case of open work permits under the IMP, for example the working holiday programme of the IEC, which are -- Youth participating in temporary working programmes Like many OECD countries, Canada runs federal programmes for foreign national young adults to work and travel temporarily in the country. The International Experience Canada (IEC) programme admits foreign nationals of selected countries on the basis of bilateral agreements, – for up to 24 months27. To be eligible, applicants need to -- The second category within IEC is the International Co-Op programme, which enables foreign youth enrolled at a post-secondary institution to gain work experience in Canada related to their field of study, usually in the form of an internship. The third category is the Young -- distinction is that in both countries, the programmes are a key feeder for transition to permanent residency. This is less the case in Canada were administrative data indicates that 7% of IEC foreign youth who came to Canada under the IEC Programme (combining the outlined three sub-programmes of which the working holiday is one) between 2013-17 -- Source: Data compiled from ECIU Master Tracker provided from ESDC. Programme inspections aim to protect temporary foreign workers and ensure that employers use the IMP properly. On behalf of IRCC, Service Canada inspects employers against the conditions listed on the work -- online list. This list states the reason for their non-compliance, the amount of monetary penalty – if applicable – and if they remain eligible for hiring temporary foreign workers under the programme in the future. -- country especially for housing. Figure 3.14. Annual average tuition fees charged by public tertiary educational institutions to foreign students in USD, 2015/16 Figure 3.14. Annual average tuition fees charged by public tertiary educational institutions to foreign students in USD, 2015/16 Note: For New Zealand, estimates include universities only and exclude -- diplomas. Year of reference for Korea 2016; United States 2011/12; Australia, Austria, Switzerland 2014/15; Israel 2013/14. Tuition fees for foreign students in Denmark and Sweden refer to students from outside the European Economic Area or the European Union. -- associated with lower intakes, and vice versa (Figure 3.16). Across Canada, the number of labour market-tested temporary foreign worker permits issued outside of agricultural and live-in Caregiver programmes corresponds to just 0.14% of the labour force on average -- observed at the national level and the conclusions that can be drawn from this correlation are limited. The overall share of LMIA-tested permits outside of agriculture and foreign caregivers is small in relation to the labour force, and also in relation to the non-labour market tested permits under the IMP. The relatively recent introduction -- In Canada, transition has become gradually wider-spread since the early 1980s. The Foreign Domestic Movement Program (the predecessor of the Live-in Caregiver Program) in 1981 established, for the first time, a built-in pathway to permanent residence for temporary workers. Onshore -- Experience (40%) was the main pathway, followed by FSW (26%). Interestingly, provincial nominations were much less common among the temporary foreign worker transitions – they accounted for less than 16% of the total. -- Conclusion The changes to the temporary foreign worker programmes over the past five years have established two broad pathways for temporary labour migration. While one is labour-market-tested and rather tightly -- [4] CIC (2012), Evaluation of the Labour Market Opinion Streams of the Temporary Foreign Worker Program, http://publications.gc.ca/collections/collection_2013/rhdcc-hrsdc/HS28- 207-2012-eng.pdf (accessed on 22 February 2019). [5] ESDC (2019), What we heard: Primary agriculture review, http://www.canada.ca/en/employment-social-development/services/foreign- workers/reports/primary-agriculture.html. [1] ESDC (2014), Overhauling the temporary foreign worker program, https://www.canada.ca/content/dam/canada/employment-social-development/ migration/documents/assets/portfolio/docs/en/foreign_workers/employers/ overhauling_TFW.pdf (accessed on 25 September 2018). -- [19] Hou, F. and A. Bonikowska (2016), “Selections Before the Selection: Earnings Advantages of Immigrants Who Were Former Skilled Temporary Foreign Workers in Canada”, International Migration Review, p. imre.12310, http://dx.doi.org/10.1111/imre.12310. [3] HUMA (2016), Report of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities: TEMPORARY FOREIGN WORKER PROGRAM, http://www.parl.gc.ca. [17] Infometrics (2016), The Economic Impact of International Education -- (TIEDI) 18. [2] Nakache, D. and P. Kinoshita (2010), The Canadian Temporary Foreign Worker Program: Do Short-Term Economic Needs Prevail over Human Rights Concerns?, l’Institut de recherche en politiques publiques, http://irpp.org/fr/research-studies/the-canadian-temporary-foreign-work er-program/. -- [15] Tuccio, M. (2019), “Measuring and assessing talent attractiveness in OECD countries”, OECD Social, Employment and Migration Working Papers, No. 229, OECD Publishing, Paris, https://dx.doi.org/10.1787/b4e677ca-en. -- Notes ← 1. Employment and Social Development Canada (ESDC) and Quebec’s Ministère de l'Immigration, de la Diversité et de l'Inclusion (MIDI) are implementing simplified processing requirements for select -- seeking to hire TFWs in these occupations do not have to demonstrate proof of recruitment efforts in advance of applying to the TFW Program for foreign workers in the province. ← 2. Reference to these work opportunities are listed under R186 of the -- organisers; crew members; emergency service providers; examiners and evaluators; expert witnesses or investigators; family members of foreign representatives; foreign government officials or representatives; health care trainees; judges, referees or similar officials; military personnel; news reporters and film and media crew; -- by location/province. ← 4. In addition, the foreign worker, the transferring and receiving employers, as well as an agent of the foreign worker’s government must all agree to the change of employment. -- less in duration (e.g. carnival or fair operators) are exempted from the cap. Likewise, positions on a Labour Market Impact Assessment to be submitted to support a temporary foreign worker’s permanent residence application under Express Entry are exempted from the cap. -- labourers. ← 12. As of June 2019, foreign caregivers seeking work permits are subject to new rules. Ministerial Instructions were issued on June 18, 2019 to stop processing certain caregiver Labour Market Impact Assessment (LMIA)-required work permit applications for outside-of-Canada applicants intending to work in caregiving occupations under the Temporary Foreign Worker (TFW) Program. ← 13. On 13 December 2016, the four-year cumulative duration rule -- of the employer’s LMIA application if they are NOC 0 and A. ← 18. In such a case, the foreign national is sent a notification letter stating their permit will be revoked in 90 days and their temporary resident status and work authorisation continues until the -- requirements. ← 23. The LCP replaced the Foreign Domestic Movement Program, initiated in 1981. This programme had essentially the same terms as the LCP, by providing migrant domestic workers with access to Canadian permanent -- processing. All paper applications are processed under the regular study permit application stream and are subject to the associated processing times. Foreign nationals eligible for SDS processing are still subject to all other eligibility and admissibility requirements. -- impact was found regardless of whether the year of immigration or the year of first arrival were taken as starting point. References[1] ESDC (2014), Overhauling the temporary foreign worker program, https://www.canada.ca/content/dam/canada/employment-social-development/ migration/documents/assets/portfolio/docs/en/foreign_workers/employers/ overhauling_TFW.pdf (accessed on 25 September 2018). Open URLReferences[2] Nakache, D. and P. Kinoshita (2010), The Canadian Temporary Foreign Worker Program: Do Short-Term Economic Needs Prevail over Human Rights Concerns?, l’Institut de recherche en politiques publiques, http://irpp.org/fr/research-studies/the-canadian-temporary-foreign-work er-program/. Open URLReferences[3] HUMA (2016), Report of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities: TEMPORARY FOREIGN WORKER PROGRAM, http://www.parl.gc.ca. Open URLReferences[4] CIC (2012), Evaluation of the Labour Market Opinion Streams of the Temporary Foreign Worker Program, http://publications.gc.ca/collections/collection_2013/rhdcc-hrsdc/HS28- 207-2012-eng.pdf (accessed on 22 February 2019). Open URLReferences[5] ESDC (2019), What we heard: Primary agriculture review, http://www.canada.ca/en/employment-social-development/services/foreign- workers/reports/primary-agriculture.html. Open URLReferences[2] Nakache, D. and P. Kinoshita (2010), The Canadian Temporary Foreign Worker Program: Do Short-Term Economic Needs Prevail over Human Rights Concerns?, l’Institut de recherche en politiques publiques, http://irpp.org/fr/research-studies/the-canadian-temporary-foreign-work er-program/. Open URLReferences[6] Caruso, B. (2018), The Canadian Bar Association: -- . Open URLReferences[15] Tuccio, M. (2019), “Measuring and assessing talent attractiveness in OECD countries”, OECD Social, Employment and Migration Working Papers, No. 229, OECD Publishing, Paris, https://dx.doi.org/10.1787/b4e677ca-en. -- https://dx.doi.org/10.1787/eag-2018-en. Open DOIReferences[15] Tuccio, M. (2019), “Measuring and assessing talent attractiveness in OECD countries”, OECD Social, Employment and Migration Working Papers, No. 229, OECD Publishing, Paris, https://dx.doi.org/10.1787/b4e677ca-en. -- Open URLReferences[19] Hou, F. and A. Bonikowska (2016), “Selections Before the Selection: Earnings Advantages of Immigrants Who Were Former Skilled Temporary Foreign Workers in Canada”, International Migration Review, p. imre.12310, http://dx.doi.org/10.1111/imre.12310. Open DOIReferences[20] Hawthorne, L. (2010), “How Valuable is -- Open URLReferences[19] Hou, F. and A. Bonikowska (2016), “Selections Before the Selection: Earnings Advantages of Immigrants Who Were Former Skilled Temporary Foreign Workers in Canada”, International Migration Review, p. imre.12310, http://dx.doi.org/10.1111/imre.12310. Open DOIReferences[19] Hou, F. and A. Bonikowska (2016), “Selections Before the Selection: Earnings Advantages of Immigrants Who Were Former Skilled Temporary Foreign Workers in Canada”, International Migration Review, p. imre.12310, http://dx.doi.org/10.1111/imre.12310. Open DOI