FOREIGN WORKERS AND THE IMMIGRATION SYSTEM The System is Broken

The Hierarchy of Status CITIZENS Permanent Residents WORKERS, STUDENTS, VISITORS (Temporary residents) Our people! NO STATUS

Temporary Immigration System Temporary Status Visitor Refugee Claimant Temporary Foreign Workers Program Live - In Caregivers Seasonal Agricultural Workers Temporary Foreign Workers Temporary Foreign Workers - Low Waged Temporary Foreign Workers - High Waged Foreign Students International Mobility Program International Agreements Canadian Interests Other

Today, we will be focusing on Temporary Status Visitor Refugee Claimant Temporary Foreign Workers Program Live - In Caregivers Seasonal Agricultural Workers Temporary Foreign Workers Temporary Foreign Workers - Low Waged Temporary Foreign Workers - High Waged Foreign Students International Mobility Program International Agreements Canadian Interests Other

Temporary Foreign Workers Program Key immigration aspects Employers must apply for a Labour Market Impact Assessment (LMIA). Workers apply for a work-permit – which lists their employer. Workers can ONLY work for employer listed on their permit after that employer has an LMIA. Do not have permanent residency on arrival in Canada. Is this fair?

Live-In Caregiver or Caregiver Program Caregivers that complete 3,900 hours of work are eligible to apply for Permanent Residency. In November 2014, Federal Government created the Caregiver Program. Program has two streams: Childcare Stream and High-Needs Stream. Eligibility requirements for Permanent Residency have increased. Caregivers who are changing employers now who received an LMIA prior to November 2014 can choose to be in the Live-In Caregiver Program or Caregiver Program Handout in your package

Temporary Foreign Workers Program Time-limit restriction – 4 & 4 Rule After 4 years of work in Canada, a temporary resident must spend 4 years outside Canada before applying for a new work permit (Citizenship and Immigration Canada [CIC] Operational Bulletin 523 May 22nd, 2013) Applies to Live-In Caregivers and Temporary Foreign Workers NOT Seasonal Agricultural Workers.

4in4 – What Does Not Count in the Four Years? Time outside Canada Medical leave if not covered by Employment Insurance Maternity or Parental Leave

EXCEPTIONS TO 4 In 4 No work permit is required for the job Student Coop Jobs Skilled work, work under the National Occupation Classification Code 0 (Management) and A (Professional) Work permits under international agreements (i.e. North American Free Trade Agreement, etc.) Work that assists Canadian Interests (social or economic benefits for Canadians/PRs) Work for self support (i.e. Students) or for humanitarian reasons, I.e. refugees, people who have won their Humanitarian Application Seasonal Agricultural Worker Program People who have been approved for their Permanent Residency Provincial Nominees I would take this slide out.

LABOUR MARKET IMPACT ASSESSMENT

WHAT IS AN LMIA? It is where Employment and Skills Development Canada assesses whether a job offer can not be filled by a Canadian or Permanent Resident The employer is supposed to do the application including the fee They are supposed to advertise the position for four weeks on the job bank of Canada (jobbank.gc.ca) and on two other ways to recruit that are usually used in that trade/ for that occupation There is a fee of $1000 and many forms The employer must offer the prevailing wage for their location (it can be found on the job bank website) and meet the provincial labour standards Employers of in home caregivers cannot charge for rent or for board It is generally easier to get an LMIA for a non live caregiver than a live in (in home) caregiver

Caregivers Exercise Louise, who has a caregiver work permit, arrives in Canada from Hong Kong after finding her job through an agency and finds out her employer does not exist, what can she do? Brainstorm in small groups for ten minutes

Answers Louise can stay in the country until the expiry date on her work permit which may be four years. To work in Canada, Louise must find a new job with an employer who can apply for a Labour Market Impact Assessment (LMIA) on her behalf. Once the new employer gets an LMIA, Louise must apply for a work permit. Louise is only legally allowed to work for her new employer once she has a new work permit. Same rules apply to other temporary foreign workers Other things to remember Check to see if the agency that Louise used charged her money. If she did, under Ontario laws, she can apply to get her money back. Contact MWAC about that. It is illegal to fraudulently create a job that never existed. However, if the employer changes their mind after arrival about hiring, that is not illegal When the caregiver applies for PR she/he/they will be asked to provide a lot of evidence of their time of employment and may be in trouble if they cannot do so or if the employment is discovered to be fraudulent.

Staying in Canada Exercise Angelo Angelo is a seasonal agricultural worker. While riding his bike one day he is hit by a car and seriously injured. He wants to collect his workers compensation, how can he stay? Brainstorm in small groups for ten minutes

Jeanie Jeanie is a live in caregiver, her employer abuses her – she is fired after going to the police. How can she stay: To pursue the charges? To become a Permanent Resident?

Shericia Shericia just arrived here as a caregiver, what does she have to do to become a Permanent Resident in the next four years? She gets let go by her employer 1.5 years through, what can she do? She makes the two years of employment but only at the end of the four years, what can she do? She has family back home, what about them?

Alvaro Alvaro is here working as a chef in a kitchen. His employer houses him in the basement, employs him 16 hours a day and refuses medical treatment when Alvaro is burned on the job. As a chef how can Alvaro apply for PR? The employer refuses to provide records of employment and other documents to prove his period of employment What can Alvaro do?

Alvaro Alvaro has a boyfriend who is Canadian How does this affect his case? Alvaro’s employer has people back in Alvaro’s country and has threatened that they will kill Alvaro for making a complaint. Alvaro has family here, and faces discrimination back home for being gay

WHAT is the LESSON?

And Consult competent counsel

My Client has No Money, How Can they Afford Counsel? This one is hard Worker’s Action Centre and the Migrant Workers Alliance for Change have Counsel they work with for low fees/Free Local Legal Clinics may or may not have immigration counsel (free!) check out http://www.legalaid.on.ca/en/contact (click on “Community Legal Clinics”) The FCJ Refugee Centre offers free consultations for people at risk in their home country fcjrefugeecentre.org

What Else Can We Do? Advocate for your client as you always do: Get them (if they are comfortable doing so) to sign a Release of Information form for you or an Use of Representative Form (you cannot be being paid by them if they use this form) both available at http://www.cic.gc.ca/english/information/applications/index.asp and intervene with Canada Immigration or Immigration Enforcement on their behalf Think about whether your agency or employer reports immigration status of clients to immigration, or allows immigration enforcement into your office or space. Contact No One Is Illegal Toronto to find out how to create a policy to stop this -- it’s hurting your clients (nooneisillegal@riseup.net or toronto.nooneisillegal.org)

FIGHT! Join the growing movement to create just immigration policies not based on race, class, disability, gender, gender identity, sexuality and privilege, again check out toronto.nooneisillegal.org or migrantworkersalliance.org.