Filipiniana News –
October 2014
RHYME & REASON
Express Entry System and Caregivers
There are barely two months left before the
end of 2014 and the expected implementation date of the much-touted Express
Entry system by Citizenship and Immigration Canada (CIC). However, CIC
has yet to release the implementing details of this system that is
scheduled to begin on 1 January 2015.
Earlier this year, CIC Minister Chris
Alexander announced that the previously termed "Expression of
Interest" (EOI) system will be officially known as "Express
Entry". As had been previously
introduced in the EOI system, the Express Entry is supposedly a proactive
approach meant to better address Canada's labour market needs.
It has been clarified that this is not a
separate immigration program but simply a framework and an entry door to the
existing immigration programs (Federal Skilled Worker, Federal Skilled Trades,
Canadian Experience and Provincial Nominee classes). The Express Entry system is meant to create
a pool of prospective immigration applicants from which Canadian employers can
choose potential employees who will then be invited to apply for permanent
residence in Canada under one of the existing categories. CIC will then process their permanent
residence applications on an expedited basis, within a period of six months or
less. Thus, Canadian employers are
expected to work with the government in selecting the best candidates to match
their needs and who will be deemed deserving of being granted permanent residence
in Canada.
Meanwhile, in
the past few months, closed-door consultations were conducted by CIC among a
select group of participants where the proposed changes to the Live-in
Caregiver Program (LCP) were discussed.
Most recently, those who attended these consultations have spoken with
the media which led to various speculations, particularly on the proposal to
incorporate caregivers into the Express Entry system.
Understandably,
this alleged government proposal is causing
a lot of confusion among caregivers and advocates. First of all, it is still unclear how caregivers will
fit in the Express Entry framework.
While it is alleged that caregivers will be encouraged to apply under
the Canadian Experience Class, it is not very clear under what terms. Does this mean that the CEC will be amended to allow caregivers and other
"low-skilled" (NOC C and D) or
low-wage workers (earning below the median wage of $21/hr in Ontario) to
qualify for permanent residence after one or two years of full time work in
Canada?
Overall, the
lack of adequate information on the Express Entry system raises many questions
not only about how this system will look like, but also how it would affect the
scope and implementation of the current immigration programs. Will the current eligible occupations lists
under the Federal Skilled Worker and Federal Skilled Trades programs be revised
or scrapped altogether? If the eligible
occupations lists will remain, how will the processing of applications without
specific job offers be affected? Don't
the majority of the existing permanent residence applications under the
economic streams already have valid job offers or provincial/territorial
nominations? Is the government moving
towards eliminating the permanent residence applications without a valid job
offer or provincial/territorial nomination?
Some of the
these immigration changes, though touted as "fair and flexible", also
have the potential of treating immigration applicants less fairly and
flexibly. We can cite as clear examples
from the recent past, CIC's return of pending applications under the Federal
Skilled Worker class, as well as the closure of the Investor and Entrepreneur
categories which also led to the return of
thousands of applications after being placed in the back burner for so
long. It is hoped that this time,
bureaucratic convenience and economic objectives will not simply run roughshod
over the basic principles of equal treatment and fair play.
Another aspect
of equal treatment and fair play deals with the introduction of reasonable
paths for permanent residency not just for high-skilled occupations (classified
as NOC O, A or B) but also for the many more thousands of workers under the
occupations requiring lower levels of education (NOC C and D).
Many temporary
foreign workers who come to Canada to work under the NOC C and D occupations
(primarily entry-level and manual jobs that most Canadians would rather avoid)
are initially unaware that not only are they limited to a maximum of four years
(even expected to be reduced in the near future) of authorized temporary work
here, but also that there is no clear path for them to become permanent
residents of Canada. Many of them learn about these limitations only
after their renewal applications are refused and they are instructed by CIC to
leave Canada.
Now that
caregivers are being threatened with a similar fate, even more so-called
low-skilled workers and their families will be seriously prejudiced.
For the handful
who end up marrying or entering into common-law partnerships with Canadians and
permanent residents, there is the option of applying for permanent residence as
sponsored spouses. In exceptional
circumstances, there is also the possibility of applying for permanent residence
on humanitarian and compassionate grounds if the applicant can convince an
immigration officer that there will be undue, undeserved and disproportionate
hardship if the permanent residence application is not granted.
For the rest of
the temporary foreign workers under lower-skilled occupations, the options are
not very promising. As a result, they
become extremely vulnerable to abuse and exploitation from employers,
recruiters and other unscrupulous individuals who will often take advantage of the
workers' desperate need to remain in Canada.
If it is true that caregivers will be given a chance to qualify under
the Express Entry system, will the same opportunity be granted to all other
so-called low-skilled foreign
workers? We hope that our policymakers
and legislators will also take these issues into consideration in their efforts
to craft a truly fair and flexible immigration system for Canada.
As we have seen in the past several
years, Canada's immigration landscape has become very volatile and complicated
due to the many changes that have been made and which continue to be made. Thus, if you are, or will be affected by
these changes, it is best to exercise due diligence by consulting a trusted legal
advisor to discuss your
particular circumstances and obtain well-informed and competent legal
assistance before it is too late.
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