Migrant worker experience with permanent residence (PR) in Canada

1. Migrant worker experience with permanent residence (PR) in Canada Some observations and recommendations Prof. Delphine Nakache, University of Ottawa Kingston, April 2018

2. Why study migrant worker-PR transitions? • An increasing number of migrant workers transition to permanent residence (PR) once in Canada • 718 % increase since 2002 (68 280 in 2017) • Approx. 1 out of 4 becomes PR from within Canada • “Temporary work-immigration” = prevailing pathway • Not only workers in high-skilled occupations • 2013-2014: approx. 20 % performing jobs in low-skilled (NOC C & D) occupations “Although higher-skilled temporary foreign workers had more pathways to become permanent residents, the transition rate was not much higher than that of lower-skilled workers when differences in program types and sociodemographic characteristics were taken into account. Furthermore, temporary foreign workers from less economically developed countries tended to have higher transition rates than their counterparts from developed countries” (Lu and Feng Hou (2017): “Transition from Temporary Foreign Workers to Permanent Residents, 1990 to 2014”)

3. How is the transition happening? • Federal immigration programstraditionally only skilled occupations • Provincial Nominee Programs (PNPs) more varied • Between 2009 and 2013, 53 % of workers nominated by Manitoba in low-skilled occupations (30,5 % for Alberta and 0% for Ontario) • PNPs = federal-provincial agreements • (1) Potential immigrants submit an application to the province or territory where they want to be nominated; • (2) Once nominated, IRCC conducts security, criminal and health checks • The second largest source of economic immigration to Canada

4. Filling the Gap • Migrant worker experience with immigration opportunities within Canada largely understudied • What factors lead migrant workers to seek PR? • What issues/challenges do migrant workers face in their transition to PR and and what support do they use to overcome these challenges? • What are the implications for settlement?

5. Methodology • Primary field research conducted in 2014-2015 • 99 participants from 3 provinces (Ontario, Alberta, Manitoba) • 48 current migrant workers, 22 former migrant workers • 4 civil servants (municipal/provincial) • 2 labour union representatives • 11 non-governmental (service provider organizations) representatives • 12 employers

6. Migrant Worker Participant Profile

7. 23 Countries of Origin

8. Regional responses to permanent residency for migrant workers at time of field research • Manitoba • All skill levels can apply • Alberta • Opportunities for workers in low-skilled occupations exist, but more limited than for skilled • Ontario • Opportunities for skilled only

9. In progress: • Work-Life Family Balance (with L. Codillo) • Occupational Health and Safety at work and during the transition process (with L. Codillo and K. Lippel)

10. THE CRUCIAL IMPORTANCE OF FAMILY

11. Family: a key motive for immigration

12. Negative impacts of prolonged family separation • Especially affecting workers in low-skilled occupations • No regulatory bar to having family members accompany a worker BUT in reality, very difficult- usually impossible- for a worker in low-skilled job to do so • Misleading information during the recruitment phase • Despite the importance of work-family balance (WFB) acknowledged in the literature, WFB inexistent among these workers • And yet, the most important reason for their efforts to attain PR (and endure abusive situations)

13. “It’s hard. Because for like how many years you are living with your wife and with your kids and you left your kids abroad” (Jorge, former worker (now PR), Alberta) “When I left, my kid was 1 year and 3 months. And now he’s turning 8 years old this coming September. And then I went home 2 times and every time I go home he always ask me, mommy when I can go with you? I want to see the Canada. I just say, soon, soon, soon, I just keep praying. It’s hard (,..) Especially Christmas time is coming, birthdays, oh my god, this is the hard thing. Because the occasions that we are not with them, especially when they are sick, we cannot do anything about it, right? We just keep sending money for them” (Tina, current worker, low-skilled Alberta) “I have two daughters. When I come to Saudi Arabia, my eldest is 1 month. And when I go back to the Philippines, my contract is 4 years, so I go back and I saw my daughter, she is already 4 years old. She doesn't know me (…) It’s hard. It’s very hard. When I go back home, I have two months vacation there and my wife gets pregnant again and then I need to go back to Saudi Arabia. And when I left the Philippines I didn’t see my youngest until now. Since birth (…) It’s very challenging” (Gustavo, current worker, low-skilled, Alberta ) “I have two daughters. When I come to Saudi Arabia, my eldest is 1 month. And when I go back to the Philippines, my contract is 4 years, so I go back to the Philippines and I saw my daughter, she is already 4 years old. She doen’t know me (…) It’s hard. It’s very hard. When I go back home, I have two months vacation there and my wife gets pregnant again and then I need to go back to Saudi Arabia. And when I left the Philippines I didn’t see my youngest until now. Since birth (…) It’s very challenging (…)

 “I have two daughters. When I come to Saudi Arabia, my eldest is 1 month. And when I go back to the Philippines, my contract is 4 years, so I go back to the Philippines and I saw my daughter, she is already 4 years old. She doen’t know me (…) It’s hard. It’s very hard. When I go back home, I have two months vacation there and my wife gets pregnant again and then I need to go back to Saudi Arabia. And when I left the Philippines I didn’t see my youngest until now. Since birth (…) It’s very challenging (…)



14. “I came here to strive to fight for my family and when I got married I thought it was forever. But I think the distance separated us (…) A lot of the friends that I know here had the same problem, maybe 50% of the ones I know, were separated from their wives (…) I would tell [someone in my position] to do everything possible not to leave his wife, not to be separated. Because in the end because of the kids of you have together, that is what you feel most. I’d like to be with my daughters. A person would never like to be separated (…) “ “I used to think that if they allow people to come work here why don’t they let their spouses come. That would have been great, imagine if it had been like that I would’ve still been with my wife and then it would just be a matter of going and getting our kids and life would have been easier here. That’s what I think” (Carl, current worker, low-skilled, Manitoba)

15. Time factor/ importance of communication

16. Ensuring family unity in the state of employment • In international law, no obligation of the state of employment to authorize/facilitate family accompaniment • But a shared interest for both migrants and the state of employment • Ex: Canada • Migrant workers in low-skilled jobs contribute as much as workers in skilled jobs to Canada’s workforce and social composition • In Canada, BOTH skilled and low-skilled workers transition to PR • Preserving family unity benefits Canada • Happier, healthier, more productive workers etc.

17. “I don’t know how you can manage this. Because it’s really hard, and of course if you have your family, you have motivation, you are an happy employee, you work harder, that’s it. But without family, there’s no motivation” (Mario, current worker, low-skilled, Manitoba) “That’s what family needs to be, to be together, kids. And that is going to transform the work and the environment better for you. That’s the way, no doubt about it, you have to bring your family” (Wen, current worker, low-skilled, Manitoba) “I would like them to have the ability to bring the spouses because if they have to leave their family that’s very hard for someone to do and I wish that there was a better means to bring their spouses over early and help them because I think that would also help settle them” (Manitoba Employer)

18. IRPA, s. 3(1)(d): “to see that families are reunited in Canada” • Should not only apply to permanent residents and citizens • A key priority of the current government • Atlantic Immigration Pilot Project (March 2017) • spouses or common-law partners of the pilot program participants receive an open work permit valid for one year • An encouraging initiative!

19. REDUCING THE RISKS AND CHALLENGES ASSOCIATED WITH THE TRANSITION TO PERMANENT RESIDENCE The employer-driven process

20. Two main types of challenges/difficulties during transition • In accessing PR (PR requirements) • The employer-driven stream* • Language proficiency requirements • In applying for PR • Confusion and complication in applying for permanent residence status • An incertain environnent for migrant workers • Immigration officers’ intransigent decisions

21. Issues surrounding the employer-driven process • PR relies on luck- having a “good” or a “bad” employer • Ex: Maple Leaf in Brandon (MB)- “working hard”, but “having something in return”; “no surprise” • Ex: not a supportive employer “So they kind of made me nervous right, I am thinking like maybe they are not telling me because they are expecting to lay me off or something (...) their attitude made me very nervous (...) I felt like maybe if I could have kept it a secret from [them] I would have (...) been safe in Canada” (Marcus, high-skilled, Alberta)

22. “Woo-hoo! A release. Because of that feeling, I’m attached to this company (...) And you feel like a slave at some point. I mean this work, you are not a slave really, but (t)hey can do extra things, like abusive things, and you hate that (...)” (Luis, former migrant worker, Alberta) “Actually, this employer moved to the States. And he sold that franchise company to another guy. So the new boss, he was bad, he was really bad. But I say, you know what, if you want to have PR and want to be Canadian, you better hold on. Everybody left but me! But after 5 years, I got my PR” Ex: “Bad” Employer Experience “So I’m not stupid. I knew they were not gonna deport me, because I was here legally and I had a two-year work permit...but she knew I would accept… She said, “We’re gonna do it like this...so we have no problem with Immigration or anything like that. What we’re gonna do, you work [as if] you get paid $30 an hour and you’re gonna get $300 [on the payroll] but you’re gonna get paid $240 in reality (…) So they have everything playing in their favour, basically. The rules of the government basically favours the employer 100 percent and the employee is, basically, at the employer’s mercy whatever they wanna do, if it’s a bad employer, and get screwed. If they don’t give me the papers, they’re — basically, it’s a paper they supply to say you are experienced, that you are a good worker, the company has to give you that. If they don’t decide to give me that, what am I supposed to do? (…) It’s very hard...So is it worth it for me to take that risk? Because I have a family” (Marco, high-skilled, Alberta)

23. PNP Requirements: “Valid” Work Permit • Added complexity in AB and ON nominee programs • Provincial officer must verify if worker is actually doing job indicated on the work permit • Punitive on PNP applicant when employer breaks the law • Denied PNP application at no fault of migrant worker applicant, rather due to employer negligence, e.g. violation of employment standards

24. It is essential that: • The design of employer-driven immigration processes be re-examined: • Employers are NOT best positioned to nominate migrant workers • It is unfair for prospective PR to rely heavily on their relationship with their employers • Alternatives be offered: • Self-nomination – with proof of work experience

25. PROVIDING immigration information TO migrant workers

26. Until recently, federally-funded services not available to migrant workers • Some provinces stepped in and filled this gap • Budget 2018 • Pilot network of support organizations for migrant workers dealing with potential abuse by their employers • Great initiative but more needs to be done for those who transition to PR • SPOs = a “safe space” • PR-related questions – top reason for migrant worker visits to service provider organizations • Reliable and trustworthy source of information (in comparison to immigration consultants and recruiters…and sometimes lawyers) • Service Gaps for those who transition to PR • Lack of free legal services • Language training

27. Free in-person immigration information is needed for migrant workers • Essential to guarantee a smooth and safe transition • In-person information sessions regarding PR opportunities by IRCC and provincial governments • More federal government funding to NGOs that offer legal assistance to migrant workers, to expand their legal services to workers who transition to PR

28. Conclusion • Policies need to be in place to facilitate transitions to PR, rather than complicate them • No easy fix but some key steps are necessary • Thankyou! • Questions? Comments? dnakache@uottawa.ca