Changes to the temporary foreign workers

Changes to the temporary foreign workers come into effect on April 1, 2011

Employers seeking to hire temporary foreign workers, including live-in caregivers, will now be assessed against past compliance with program requirements before authorization can be granted. Employers found to have violated worker rights may be refused authorization to hire a foreign worker.

Canada’s Temporary Foreign Worker Program helps address temporary labour shortages by allowing employers to hire foreign workers when sufficient numbers of Canadian workers are not readily available. Without access to temporary foreign labour, many small businesses would not be able to function and would be forced into insolvency.

The Live-in Caregiver Program is a unique program within the Temporary Foreign Worker Program. It enables the entry of qualified caregivers into Canada when Canadians or permanent residents can’t fill job vacancies. After having completed the program’s requirements, Live-in Caregiver Program participants can then apply for permanent residence by virtue of their participation in the program. (Please see link to the backgrounder below.)

Highlights of the changes, which come into effect on April 1, 2011, include:

• a more rigorous assessment of the genuineness of the job offer;
• a two-year prohibition from hiring temporary foreign workers for employers who fail to meet their commitments to workers with respect to wages, working conditions and occupation; and
• a limit on the length of time a temporary foreign worker may work in Canada before returning home.

For more details, please contact info@globalmindimmigration.ca

News

Proposed Changes to the Federal Skilled Workers Program
Based on the recommendations from the evaluation, academic research and best practices in other immigrant-receiving countries, Citizenship and Immigration Canada is proposing changes to the program’s selection system

Proposed changes to Language
A 2005 Statistics Canada study found that employment rates of immigrants increased with their ability to speak an official language. It also found that language proficiency had the biggest impact on the immigrant’s ability to work in either a high-skilled profession or their intended field.

• However, the current selection system only awards a maximum of 16 points for high proficiency in the first official language
• Applicants can meet the pass mark with only basic, or even no proficiency, in an official language

Therefore, CIC is proposing to:

• Increase maximum points for the first official language from 16 to 20 points
• Introduce minimum language requirements based on occupation

Proposed changes to Age
Research has shown that age at immigration is a significant factor in immigrant outcomes. Immigrants who arrive between the age of 20 and 30 have been found to have the greatest economic impact on the receiving country. Younger immigrants have higher rates of employment and earnings than older immigrants. By contrast, immigrants aged 45 years and older experience unemployment rates almost double those aged 25-34 years.

• Younger immigrants are more likely to acquire Canadian work and study experience, adapt more quickly to their new environments and make a greater contribution to the economy

Therefore, CIC is proposing to:

• Award maximum points until age 35, with a sequential levelling off to 49 – no age points awarded after age 50
• Encourages younger immigrants to apply early to get maximum points – older applicants can still qualify, but will need high points in other factors
• Increase weight of age on the grid from 10 to 12 points

Proposed changes to Education
Education points are currently awarded based on the credential (such as a post-secondary diploma) and the number of associated years of education. The years of education requirements is intended to help ensure the quality of the credential. However, the years of education required reflect Canadian educational systems and do not take into account country-to-country variants in school system.

• Skilled tradespersons and technicians who have a credential in their selected trade, but not the required years of education are disadvantaged and lose points

Therefore, CIC is proposing to:

• Reduce the number of years of education required to claim points for a trade or non-university post-secondary credential

This change would improve access for skilled tradespersons, technicians and apprentices who have valid post-secondary qualifications, but not the required number of years of study

Proposed changes to Work Experience
The Federal Skilled Worker program places more weight on work experience than other countries. The overall value of work experience points in the selection grid represents too large a share. Currently, with as little as four years of foreign work experience, an applicant has already earned 21 of the points required to meet the pass mark of 67.

• However, foreign work experience is a weak predictor of success in the Canadian labour market

Therefore, CIC is proposing to:

• Decrease the points allotted to work experience from 21 to 15 points
• Allows points to be redirected to language proficiency and age
• Increase the range within which points are allotted
• Ensures that applicants have more experience in order to earn maximum points

Proposed changes to the Arranged Employment Offer
Arranged employment has several advantages for immigration purposes. It allows applicants to earn an immediate 15 points on the grid, and waives the requirement to have a certain amount of money set aside to prove that they are able to be self-sufficient in Canada.

• However, these advantages have made this part of the program susceptible to exploitation by people attempting to immigrate with a fraudulent job offer

Therefore, CIC is proposing to:

• Strengthen regulatory provisions and definitions to support a more rigorous up-front assessment of the employer and job offer
• Enhance the authority for visa officers to assess the validity of the job offer and the applicant’s ability and likelihood to perform that employment