Safeguarding workers on temporary migration programmes: study

Footnotes

1. These numbers dropped to 6244 in 2020, 8999 in 2021 and 14,796 for quarters 1-3, 2022. See Home Office 2022 Entry clearance visa applications and outcomes. Available at https://www.gov.uk/government/statistical-data-sets/managed-migration-datasets

2. There were 2493 visas issued in 2019, 7211 in 2020, 29,587 in 2021 and 33,019 for quarters 1-3, 2022. Ibid.

3. A Labour Market Impact Assessment (LMIA) is required by employers seeking to hire workers through the TFWP to demonstrate that it is not possible to fill roles with Canadian workers or permanent Canadian residents. A worker must include evidence of an employer’s positive LMIA in their application for a work permit under the TFWP.

4. The objectives are as follows:

1. to provide migrant workers experiencing abuse, or at risk of abuse, in the context of their employment in Canada, with a distinct means to leave their employer (i.e., by opening the possibility of obtaining a work authorization for other employers);

2. to mitigate the risk of migrant workers in Canada leaving their job and working irregularly (i.e. without authorization) as a result of abusive situations; and

3. to facilitate the participation of migrant workers experiencing abuse, or at risk of abuse, in the context of their employment in Canada, in any relevant inspection of their former employer and/or recruiter

4. to help migrant workers in assisting authorities if required (noting that this will not be required for the issuance of the open work permit) by reducing the perceived risk and fear of work permit revocation and removal from Canada. (IRCC 2022a)

5. ESDC oversees the labour market and social programmes at the federal level, it includes the Labour Program and Service Canada.

6. IRCC is responsible for design and delivery of immigration programmes and services.

7. The definition of abuse is as follows:

196.2 (1) For the purpose of this Part abuse consists of any of the following:

(a) physical abuse, including assault and forcible confinement;

(b) sexual abuse, including sexual contact without consent;

(c) psychological abuse, including threats and intimidation;

(d) financial abuse, including fraud and extortion; and

(e) reprisals.

(IRPR, SOR/2002-227, 196.2)