By Emmy Buccat
Starting today, the rule that placed a limit of four years on temporary foreign workers to remain in Canada officially takes effect.
An estimated first batch of 3,670 Filipino temporary foreign workers (TFWs) who entered Canada in 2011 under the low-skilled job category may have to go home unless they secure a one year bridge permit as informally proposed for those in Alberta or avail of other immigration streams that will allow them to legally stay, the Philippine Consulate in Vancouver revealed.
Under the amendment to the temporary foreign worker (TFW) program, workers contracts can only last four years. They must be repatriated to their home countries and stay there for four years before they become eligible to re-apply under the same category.
Government data shows that Ontario, Alberta and British Columbia account for 80 percent of temporary foreign workers coming to Canada.
According to Canada’s budget watchdog, there isn’t enough information about temporary foreign workers, noting the dearth of data makes it difficult to assess the impact these workers have on the economy although they represent only 1.8 percent of Canada’s work force.
Economist Jean-Denis Fréchette’s, Canada’s Parliamentary Budget Officer, echoed concerns raised by Opposition critic Jinny Sims in the case of temporary foreign software engineers hired at Facebook’s Vancouver office. They have all left.
Fréchette earlier released a report showing the number of temporary foreign workers in Canada jumped by more than 200,000 in a decade — rising from 101,098 to 338,221 between 2002 and 2012.
He noted, however, that the government did not list the skills of nearly half or about 154,000 — of those foreign workers in Canada in 2012. As a result, he could not determine what job positions they held, the report said.
In the case of Alberta, however, Jason Kenny, former immigration minister who was recently appointed to the defense portfolio, assured temporary foreign workers there they will be given a one-year bridging permits to allow them to apply for permanent residency or apply in other categories or streams that will allow them to stay.
“About 65 percent of the estimated number of affected TFWs comes from the province of Alberta, where a number are expected to avail themselves of the one-year reprieve in the form of bridging work permits granted for Alberta-based TFWs by the federal government,” Philippine Consul General Neil Ferrer said.
No such bridging permit applies to Ontario or British Columbia.
Migrante B.C. community worker Leo Alejandria said that there are a substantial number of Filipinos whose contracts will expire. They do not want to go home as there are no comparable economic opportunity to provide for their family once they are back home.
“My fear is that people will go underground. Some may seek sanctuary in churches. It has happened before. It could happen again. People will be moving out of the province to another where they are not known. They will be forced to work underground,” Alejandria said.
Reynold Castillo came to British Columbia as chicken catcher under the TFW program in 2011. Catching the dream of staying in Canada, however, along with an estimated 154,000 other TFW is turning into a real nightmare as the new rule take effect.
Castillo is currently waiting for his labour market impact assessment (LMIA) under his new role as a dairy farm supervisor. Hoping for a positive result, he plans to apply as permanent resident under the Provincial Nominee Program through Express Entry. If he gets a negative result, Castillo said he will return home to Cagayan Valley where his wife and two kids live.
Labour lawyer Rene-John Nicolas said that foreign workers have other avenues they can avail to stay in Canada. They can either apply through the provincial nominee program or the Canadian Class Experience program.
“If they are qualified to get a permanent residency, they should access it on an expedited basis. If they don’t obtain a permanent residency or maintain their status, it would be really difficult for them.” Nicolas said.
Rubber processing supervisor Rey Gonzales is currently on an implied status. He has been in Alberta for a total of 7 years. His last four years was affected by the “4-in 4-out” rule. He has applied for a restoration of status before his work permit expired.
Restoration, however, will not allow him to work while waiting for a new work permit to be released.
Gonzales hopes that a restoration of status is granted. He already has a positive LMIA. If refused, however, Gonzales have no choice but to go back to the Philippines.
“If there is an application pending, for the most part, they have an implied status; it will allow them to maintain their ability to stay here. However, if they don’t have a pending application, there is a possibility that they will overstay. If you’re expected to leave the country on a certain date and don’t abide by that order, there will be a repercussion.” Nicolas added.
According to Alejandria, Migrante B.C. is compiling a list of institution and legal service providers that can give legal assistance to Filipino temporary workers.
“We don’t want them to be left hanging in the dark and not knowing what to do. It is difficult to become a burden. The temporary foreign workers can help build a better economy.” Alejandria said.
A report done by Canadian Federation of Independent Business (CFIB) shows how essential the foreign workers are to Canada’s economy. CFIB appealed for a stronger solution to chronic labour shortages of entry-level workers by replacing TFW program with the proposed Introduction to Canada Visa. The proposal hopes to address the shortages experienced by small businesses. It also provides a clear path to permanent residency for foreign workers.
“It looks like Canada’s Conservative government don’t seem to see it that way as they refuse to open a pathway for permanent residency. There will be a lot of Filipinos who will be repatriated. Others will probably overstay,” Alejandria said.
Consul General Ferrer confirmed that his office is working closely with the Philippine Embassy in Ottawa in making representations with federal and provincial authorities on TFWs concerns.
The Consulate has programmed a total of 19 consular outreach services in Alberta and British Columbia for this year and stands ready to extend appropriate assistance to affected Filipino TFWs, including guidance on how to avail themselves of reintegration programs and other forms of assistance available to returning OFWs in the Philippines.
