Canada’s New Immigration

Policies:

Fixing the Problems

or Creating New Ones?

The Big Picture: Permanent Residents

6A Frontenac A

Canadian Bar Association

April 2009

Naomi Alboim

2

Overview of presentation

Recent policy changes

Context

Options for intervention

Challenges of new directions

Recommendations

3

Recent policy changes Increased focus on short term labour market needs

Facilitated entry of temporary workers to respond to labour shortages

Introduction of Canadian Experience Class to allow international students and temporary workers to transition to permanent status

Greater role of provinces, employers and educational institutions

Increased Ministerial discretion to expedite processing of immigration applications

All potentially positive implications if balanced approach

4

However… Increased focus on short term labour market needs at expense of

longer term demographic and economic needs– Increased numbers of temporary workers, many vulnerable at

low end, at expense of permanent residents (100% increase in stock since 2004)

– Ministerial Instructions limits skilled worker selection to 38 “current” demand occupations

Introduction of Canadian Experience Class (two step immigration) within existing target numbers at expense of overseas applicants in inventory and only for high end

Greater role of provinces, employers and educational institutions in selection and settlement without a national framework

Increased Ministerial discretion with no constraints, removing transparency and predictability

All potentially serious negative implications

5

The cumulative impact of the changes is a fundamental shift in Canadian immigration policy in the absence of evaluation or public debate.

6

Canadian context

Immigration as means to end: one tool in kit

Economic objectives paramount: short term/long term

Population realities: net growth dependent on immigration

Labour market realities: labour and skill shortages

International competition for skilled workers

Immigration to build nation, community and labour force

Selecting citizens, not just workers

Need to think beyond economic downturn

7

Who’s coming? Number of permanent residents in 2008 below 2005 despite huge

inventory and labour/demographic needs

All categories (family, humanitarian) except economic declined

Skilled workers used to represent 50% of all immigrants to Canada; in 2008 down to 42%

Within economic class, Provincial Nominees and Live-in Caregivers had biggest increases

Only 17.5% of immigrants assessed on skilled worker points system (Skilled Worker Principal Applicants)

Ministerial discretion to determine priorities within and between economic and family classes

8

…Who’s coming?

Almost 71% from Asia/Pacific and Africa/Middle East

More educated than Canadian born (92% of SWPA have some Post Secondary Education)

Largest group 25-44 years of age, but fewer 0-14, and increased numbers of 45-64 and 65+

67% have some official language capacity (SWPA 89%)

9

How are recent immigrants (all

classes) doing? Worse than previous cohorts, longer to catch

up

More unemployed than Canadian born, but most working

More underemployed than Canadian born

More in part time/part year employment than Canadian born

More in low paying jobs than Canadian born

More in low income than previous cohorts

More than twice the incidence of low income relative to Canadian born

10

Possible causes

Changing characteristics of immigrants (language, culture, education, country)

Discounting of credentials and experience

Increased competition with educated Canadian born and other “new entrants”

Discrimination

Business cycle “scarring”, economic restructuring

Lack of alignment between selection criteria and labour market needs

Different possible policy interventions for each

11

Preliminary research findings

Some classes do better than others

– Skilled Worker Principal Applicants do better than other classes. Human capital matters *

– After SWPAs, refugees do better than other economic categories. Services matter *

– Family class members do better than other economic categories, particularly in their first year. Social capital matters *

Language and communications matter most

12

…Preliminary Research Findings

Refugees and Family Class members stay in Canada more than Economic Class

If low income avoided in first year, likelihood only 10% or less in subsequent years

34-41% exited low income after one year; approx one third still in low income after 3 years (two thirds not in low income)

Services can shape economic integration: early interventions, language, social networks, Canadian top-ups (education and work experience) reverse discounting

13

Options for Intervention

Focus on the immigrant– Levels/mix/source countries

– Selection criteria (language, age, education, credentials, occupation)

Focus on programs and services– Bridge gap faced by immigrant before and after

arrival

– Information, qualification assessment, language and bridge training, mentorships, work experience programs, loans

14

Focus on systems and attitudes of host society and institutions– Regulatory bodies, employers, schools,

universities, community colleges, community agencies

– Bridge gap faced by the institutions: awareness/recognition of skills, cross-cultural/anti-racism training, supports, incentives, legislation, funding formulas

– Multi-stakeholder collaboration

– Inter and intra-governmental collaboration

15

Federal Government Response

Invested in programs and some system changes

Have not evaluated impact of programs

Have just begun to evaluate skilled worker program under IRPA

Have not reviewed SWPA selection criteria

Introduced recent policy changes

– Focus almost exclusively on short term labour market needs (Ministerial instructions and temporary workers)

– Reduce skilled worker permanent admissions in favour of provincial nominees and temporary entrants

– Move towards two step immigration process (Canadian Experience Class)

– Devolve responsibilities to provinces, educational institutions, and employers

Challenges of New Directions

17

Ministerial Instructions

38 occupations identified, all others returned

Puts onus on provinces to select others

Some occupations already outdated: pre IRPA problems relived

Some will not meet points system

Some occupations will still face licensing barriers

Raising immigrant expectations if on list, turning off future applicants if not

Effectively shutting down new skilled worker selection

18

Temporary Foreign Workers

(employers) Numbers increasing

– 193,061 entries in 2008 (increase of 71.2% since 2004)

– Newfoundland, Alberta, BC, and Territories received more TFWs than immigrants in 2007 and 2008

Employer driven

– No caps or targets tabled in Parliament

– Priority processing, new offices, reduced employer requirements to get approval, 2 year work permits

– Employers using TFWs to fill permanent vacancies more quickly than with Skilled Workers

– Increasing use of TFWs to fill low-skilled and unskilled jobs

Many concerns re vulnerability, impact on domestic workers and skilled worker applicants, longer term implications

19

Provincial Nominee Programs

(provinces) Federal-Provincial Agreements in absence of

national framework

Patchwork of criteria, costs, processes, devolving costs to provinces

Complexity reduces transparency, adds confusion to immigrants and visa officers

No FSW point system requirement

Respond to regional needs but mobility rights guaranteed

Provide priority processing (10 priorities) but no caps and growing significantly (22,411 in 2008)

Testing ground for new approaches but no evaluation

Designed as complement to FSW but CIC projects more PNP than FSW in future

20

Canadian Experience Class

Provides opportunity for transition to permanent residence for some international students and temporary workers

CEC numbers included in total target for economic permanent residents tabled annually, reducing number admitted under skilled worker program

May ease out one-step permanent residency over time

Devolves selection of immigrants and future citizens to employers and post secondary institutions

Initial settlement support devolved to employers and PSE institutions: no common standards

Delays access to services, permanent residency and citizenship if come to Canada as temporary entrant first

May have unintended consequences for post secondary institutions and domestic students

Ineligibility for CEC may lead to increase of undocumented underclass

21

New Directions and Possible Policy

Implications More blurring of numbers (perm and

temp=newcomers) will make planning and evaluation difficult

Processing priorities ( Que, 10 PNPs, TFW, IS, Spouses and dependents, Ministerial instructions, CEC within existing levels) will disadvantage permanent skilled workers

The occupational list proposed for ministerial instructions for Skilled worker processing will result in a narrower range of skilled workers and will not respond to longer term needs of our economy

22

… Implications

In the absence of fixing the processing and criteria for skilled workers, employers will rely more on the PNP and FTW programs with their concomitant difficulties

Increased proportion of landings will come from CEC, requiring more people to follow a two step process to permanent status without access to federal services in first step, potential delays to citizenship, potential delayed family unification, potential removal of competitive advantage

Increased selection and settlement responsibilities will be expected for Provinces, employers and PSE institutions, and will result in a patchwork of policies and services across the country

23

Potential Scenario in Economic

Downturn Employers will lay off temporary workers hired in past few years Some will return to their home countries; others at low end who are

ineligible for CEC, will go underground if conditions at home are worse than in Canada

Recently hired immigrants may be laid off or face even more difficulties in finding work, becoming more de-skilled and frustrated

Previous arrivals with few language or computer skills will be hardest hit, particularly if already here three years

Economic immigrants with visas may delay their arrival in Canada or come to be “landed” and then return to their countries of origin

Those in 38 occupations may come forward to find changes in the economy no longer needing their skill sets for which they were specifically selected

Members of the family class and refugees will continue to arrive PSE institutions will be oversubscribed and unable to accept large numbers

of international students Employers will not recruit more temporary workers Provinces may reduce their PNP programs We will be unprepared for the end of the downturn and be worse off

demographically and in terms of labour and skill shortages

24

Recommendations

Levels and mix

1. Sustain balanced mix and levels for permanent immigrants (Economic, Family and Refugee).

Skilled worker program

2. Evaluate and strengthen the skilled worker program by changing selection criteria (language test, age, credentials,

occupation, family)

3. Create a searchable skilled worker applicant inventory and expedite applicants with job offers or in demand occupations.

4. Remove restricted occupation list and increase resources for processing

25

…Recommendations

Provincial nominee program

5. Evaluate the provincial nominee programs and work with the provinces to create a common framework.

Canadian experience class

6. Increase tabled target levels and resources to accommodate the CEC. Define roles and responsibilities of employers and post-secondary institutions. Monitor implementation for unintended consequences. Expand eligibility for those already in Canada.

26

..Recommendations

Family and Refugee Classes

7. Expand the family and refugee classes to not only fulfill our social and humanitarian obligations but to address some of our labour and population shortages across the country

Integration

8. Evaluate settlement and labour market programs and make successful interventions available across Canada

Broaden eligibility for overseas orientation and domestic federal settlement programs

Expand early interventions in bridging programs, internships, mentorships, higher language/communication training, loans

Enhance interventions during the downturn (income support, language, computer and skills training) so well prepared for upturn

27

Conclusion

Patterns of immigration and immigration policies are constantly evolving

The cumulative impact of changes is potentially enormous

In the absence of evaluation, good policy development and consultation, we may be creating worse problems, rather than fixing the ones we currently face

Need for public debate and overall vision

The decisions we make today in haste will have a long term impact and will determine who we become tomorrow