tag:theconversation.com,2011:/uk/topics/permanent-residency-34700/articlesPermanent residency – The Conversation2022-10-20T04:46:30Ztag:theconversation.com,2011:article/1925932022-10-20T04:46:30Z2022-10-20T04:46:30ZWhy permanent residents and long-term temporary visa holders should be able to vote in federal elections<p>Who should have the right to vote?</p>
<p>A common answer is adult citizens of a country. Indeed, the national electoral laws of most countries – including <a href="https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/cea1918233/s93.html">Australia</a> – adopt this approach.</p>
<p>But what about the approximately 3.4 million <a href="https://www.homeaffairs.gov.au/foi/files/2021/fa-210200044-document-released.PDF">permanent residents</a> and <a href="https://data.gov.au/dataset/ds-dga-ab245863-4dea-4661-a334-71ee15937130/details">temporary visa holders</a>? Many of them call Australia home, having lived and worked in this country for years, and together they amount to more than 13% of the <a href="https://www.abs.gov.au/statistics/people/population#:%7E:text=The%202021%20Census%20counted%2025%2C422%2C788,age%20of%2039%20years%20old">Australian population</a>.</p>
<p>Should they be denied the right to vote because they don’t have citizenship, despite the strong connections they have to the country? </p>
<p>I argue “no”. Not having citizenship shouldn’t mean automatic disqualification from being able to vote.</p>
<p>Permanent residents and long-term holders of temporary visas should be able to vote in federal elections (as they can in most local government elections) because of their social membership of the Australian community.</p>
<h2>Citizenship as a floor but not a ceiling</h2>
<p>Citizenship is a compelling basis for voting rights. Article 25 of the <a href="https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights">International Covenant on Civil and Political Rights</a> stipulates “every citizen” shall have rights of political participation including the right to vote. </p>
<p>It is, however, a grave mistake to treat non-citizenship as a basis of exclusion from voting rights. Article 25 guarantees particular political rights to citizens, but it does not deny these rights to non-citizens. Citizenship is a floor not a ceiling for voting rights.</p>
<p>As the United Nations Human Rights Committee <a href="https://digitallibrary.un.org/record/221930?ln=en">recognised</a>, permanent residents may be provided political rights compatibly with Article 25. Indeed, Article 21(3) of the <a href="https://www.un.org/en/about-us/universal-declaration-of-human-rights">Universal Declaration of Human Rights</a> states that</p>
<blockquote>
<p>the will of the people shall be the basis of the authority of government.</p>
</blockquote>
<p>The Australian Constitution, which doesn’t expressly mention <a href="http://www5.austlii.edu.au/au/journals/MelbULawRw/2000/24.html">citizenship</a>, similarly requires members of parliament be “<a href="https://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution/chapter1/Part_III_-_The_House_of_Representatives#chapter-01_part-03_24">directly chosen by the people</a>”. Both documents clearly point to an understanding of political community broader than one based on citizenship. </p>
<p>Such a broader understanding is evident in many countries where non-citizens are <a href="https://comparativemigrationstudies.springeropen.com/articles/10.1186/s40878-022-00286-0">entitled to vote in sub-national elections</a>. In Australia, resident non-citizens are entitled to vote at local government elections in <a href="https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/lga2020182/s240.html">Victoria</a>, <a href="https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/sa/consol_act/lga1999275/s16.html">South Australia</a> and <a href="https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/tas/consol_act/lga1993182/s254.html">Tasmania</a>.</p>
<p>In several countries, non-citizens are also entitled to vote in national elections including:</p>
<ul>
<li><p><a href="https://www.nec.go.kr/site/eng/03/10301030000002020070601.jsp">South Korea</a> where “a non-Korean citizen registered in the relevant local constituency and who has had a resident visa for at least three years has the right to vote” in presidential and National Assembly elections</p></li>
<li><p><a href="https://vote.nz/enrolling/get-ready-to-enrol/are-you-eligible-to-enrol-and-vote/">New Zealand</a> where permanent residents who have “lived in New Zealand continuously for 12 months or more at some time” can vote in national elections.</p></li>
</ul>
<h2>‘Social membership’ as a basis for the right to vote</h2>
<p>Alongside citizenship, the deep connections one has to a country through family, friends, work and a sense of belonging are also a basis of membership of a political community. These connections and belonging provide both commitment and consequence: they signify caring for the country of residence and being profoundly affected by its laws.</p>
<p>In his book, <a href="https://global.oup.com/academic/product/the-ethics-of-immigration-9780199933839?cc=au&lang=en&">The Ethics of Immigration</a>, political scientist Joseph Carens captured this insight through his principle of “social membership”. This is where membership arises from “the relationships, interests, and identities that connect people to the place where they live”. As a proxy for these dense connections, Carens proposed length of residence.</p>
<p>This principle of social membership is reflected in countries where non-citizens are entitled to vote (including most Australian local government elections).</p>
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<em>
<strong>
Read more:
<a href="https://theconversation.com/the-new-australian-citizenship-test-can-you-really-test-values-via-multiple-choice-146574">The new Australian citizenship test: can you really test 'values' via multiple choice?</a>
</strong>
</em>
</p>
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<p>This concept is also suggested in various international documents. The <a href="https://www.iom.int/sites/g/files/tmzbdl486/files/migrated_files/What-We-Do/docs/Final-Declaration-2013-En.pdf">Declaration of the High-level Dialogue on International Migration and Development</a>, a resolution unanimously adopted by the United Nations General Assembly, acknowledges “the important role that migrants play as partners in the development of countries of origin, transit and destination”.</p>
<p>The General Assembly’s <a href="https://www.iom.int/global-compact-migration">Global Compact for Safe, Orderly and Regular Migration</a> lays down a commitment to “foster inclusive and cohesive societies by empowering migrants to become active members of society”.</p>
<p>History provides surprising support. At the heart of the original Commonwealth Franchise bills was a highly progressive principle of inclusion – even by today’s standards. In the <a href="https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp0102/02RP17">words</a> of Senator Richard O’Connor, who had their carriage, they recognised</p>
<blockquote>
<p>one ground only, as giving a right to vote, and that is residence in the Commonwealth for six months or over by any person of adult age. That franchise is the broadest possible one. There is no class of the community left out.</p>
</blockquote>
<p>Racist opposition, however, resulted in the eventual Commonwealth Franchise Act of 1902 denying Indigenous Australians, Asians, Africans and Pacific Islanders the right to vote. </p>
<h2>Reflecting the Australian community</h2>
<p>The principle of social membership explains why permanent residents should have the vote in federal elections (perhaps after a brief period of continuous residence, as in New Zealand).</p>
<p>It also provides a strong argument for long-term holders of temporary visas to have the vote in these elections. Long-term can be based on a minimum of three years’ residence, as in South Korea.</p>
<p>Expanding the vote in these ways will make Australia a leader as a democratic and inclusive migrant nation.</p>
<p><em>This article draws upon a longer <a href="https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Electoral_Matters/2022federalelection/Submissions">submission</a> to the inquiry of the Joint Standing Committee on Electoral Matters into the 2022 federal election</em>.</p>
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<p><em>Correction: this article previously stated that resident non-citizens can vote in NSW council elections. This is incorrect and has been removed.</em></p><img src="https://counter.theconversation.com/content/192593/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Joo-Cheong Tham has received funding from the Australian Research Council, the Australian Council of Trade Unions, European Trade Union Institute, International IDEA and the New South Wales Independent Commission Against Corruption. He is a Director of the Centre for Public Integrity; the Victorian Division Assistant Secretary (Academic Staff) of the National Tertiary Education Union; and was formerly the Deputy Chair of the Migrant Workers Centre.</span></em></p>Permanent residents can vote in New Zealand. So why not here?Joo-Cheong Tham, Professor, Melbourne Law School, The University of MelbourneLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1874152022-08-02T17:24:37Z2022-08-02T17:24:37ZCanada must grant permanent immigration status to undocumented residents<figure><img src="https://images.theconversation.com/files/477181/original/file-20220802-13-5zg4yx.jpg?ixlib=rb-1.1.0&rect=0%2C0%2C3000%2C1976&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">A woman takes part in a protest in Montréal in January 2021 to demand status for all workers. </span> <span class="attribution"><span class="source">THE CANADIAN PRESS/Graham Hughes</span></span></figcaption></figure><p>In the December 2021 <a href="https://pm.gc.ca/en/mandate-letters/2021/12/16/minister-immigration-refugees-and-citizenship-mandate-letter">mandate letter</a> to the newly appointed Minister of Immigration, Refugees and Citizenship, the Liberal government tasked him with exploring “ways of regularizing status for undocumented workers who are contributing to Canadian communities.” </p>
<p>Sean Fraser <a href="https://www.cicnews.com/2022/07/canadas-immigration-minister-wants-to-make-good-on-mandate-letter-commitments-for-refugees-and-undocumented-workers-0727639.html#gs.70cv21">has since said</a> he’s working on designing a regularization program that can help address this issue. </p>
<p>In May, MPs passed <a href="https://www.ourcommons.ca/members/en/89339/motions/11528727">motion M-44</a> urging the government to design a plan to provide permanent residency to temporary foreign workers. If planned and executed correctly, these programs could be a historic opportunity to improve the lives of up to 1.7 million people who live in Canada without a secure status. </p>
<h2>Demanded action</h2>
<p>In July 2021, <a href="https://www.cbc.ca/news/canada/montreal/solidarity-across-borders-downtown-montreal-protest-1.6107740">migrants and advocates in Montréal</a>, Toronto, Edmonton and St. Catharines held rallies demanding that the programs be inclusive, comprehensive and permanent.</p>
<p>Now the question is whether the government will create a program that can provide status to all undocumented and temporary residents through permanent residency permits, or whether it will create a small symbolic program that will fail to properly tackle the issue. </p>
<p>There’s a lot at stake.</p>
<p><a href="https://www.migrationdataportal.org/themes/irregular-migration">Most industrialized countries</a> host a substantial number of undocumented residents. It’s an institutionally produced phenomenon that occurs when migrants travelling in search of safety, work, love or community encounter immigration and refugee policies that provide only limited protection to asylum-seekers and precarious and temporary permits to immigrants. Canada is no exception.</p>
<p>Our immigration system is geared towards temporary and conditional permits, many of them lacking a clear pathway to permanent residency and citizenship. Every year, <a href="https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/annual-reports-parliament-immigration.html">more migrants enter Canada with temporary permits</a> than permanent ones. This leaves them undocumented when their permits expire.</p>
<p>Strategies that make it possible to circumvent our international obligations towards asylum-seekers, in particular the <a href="https://bmrc-irmu.info.yorku.ca/files/2020/03/Asylum-Seekers-Safe-Third-Country-Resilience-Final-March-2020.pdf?x82641">Safe Third Country Agreement</a> as well as an <a href="https://www.hrw.org/news/2020/01/28/it-time-change-definition-refugee">outdated definition of “refugee,”</a> also leave many people without protection and official status to remain in the country.</p>
<p>Without addressing these root causes, regularization programs are only a temporary fix to a problem that was institutionally produced. However, these programs have tremendous positive outcomes for both migrants and society. </p>
<figure class="align-center ">
<img alt="A Black woman in tears holds a sign that says The USA is Not Safe." src="https://images.theconversation.com/files/476378/original/file-20220727-17-qf5tp2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/476378/original/file-20220727-17-qf5tp2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=417&fit=crop&dpr=1 600w, https://images.theconversation.com/files/476378/original/file-20220727-17-qf5tp2.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=417&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/476378/original/file-20220727-17-qf5tp2.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=417&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/476378/original/file-20220727-17-qf5tp2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=524&fit=crop&dpr=1 754w, https://images.theconversation.com/files/476378/original/file-20220727-17-qf5tp2.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=524&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/476378/original/file-20220727-17-qf5tp2.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=524&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">A woman cries as she participates in a protest outside the Federal Court of Canada building for a hearing regarding the designation of the United States as a safe third country for refugees in Toronto in November 2019.</span>
<span class="attribution"><span class="source">THE CANADIAN PRESS/Nathan Denette</span></span>
</figcaption>
</figure>
<h2>Common in the EU</h2>
<p>Regularization is <a href="https://ec.europa.eu/migrant-integration/sites/default/files/2009-04/docl_8193_345982803.pdf">a common policy tool in the European Union</a>. France, Italy, Spain, Ireland, the United Kingdom, Poland and many other countries all routinely implement regularization programs. </p>
<p><a href="https://www.ubcpress.ca/governing-irregular-migration">Spain</a>, for example, implemented ad hoc programs under both conservative and progressive governments <a href="https://doi.org/10.1080/15562948.2018.1522561">that regularized more than a million people</a> between 2000 and 2006. It then launched a permanent ongoing mechanism to provide status to undocumented residents.</p>
<p>While <a href="https://www.jstor.org/stable/45407663">less common in Canada</a>, regularization programs have been implemented in the past. Under Pierre Trudeau’s government in 1973, some 39,000 people were regularized as part of the <a href="https://www.kairoscanada.org/wp-content/uploads/2020/08/The-Regularization-of-NonStatus-Immigrants-in-Canada-1960-2004.pdf">Adjustment of Status Program</a>. </p>
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<a href="https://images.theconversation.com/files/476379/original/file-20220727-1345-oswk7b.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="A man comforts a woman, who has her hand on her face as she cries." src="https://images.theconversation.com/files/476379/original/file-20220727-1345-oswk7b.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/476379/original/file-20220727-1345-oswk7b.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=457&fit=crop&dpr=1 600w, https://images.theconversation.com/files/476379/original/file-20220727-1345-oswk7b.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=457&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/476379/original/file-20220727-1345-oswk7b.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=457&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/476379/original/file-20220727-1345-oswk7b.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=574&fit=crop&dpr=1 754w, https://images.theconversation.com/files/476379/original/file-20220727-1345-oswk7b.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=574&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/476379/original/file-20220727-1345-oswk7b.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=574&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">An Algerian man comforts his wife as she covers her face during a 2002 news conference in Montréal. The couple was ordered deported by Immigration Canada after finding refuge in a city church, but eventually acquired permanent residence.</span>
<span class="attribution"><span class="source">(THE CANADIAN PRESS/Paul Chiasson)</span></span>
</figcaption>
</figure>
<p>But so far, the Canadian approach has been extremely restrictive, limiting access to relief programs to specific nationalities or people with specific family or work situations. <a href="https://doi.org/10.25071/1920-7336.32079">A 2002 program</a> that provided status to only 900 Algerians is a good example of the Canadian government’s lack of ambition. </p>
<p>The mention of “undocumented workers” in Fraser’s mandate letter makes us fear this restrictive trend may continue.</p>
<h2>Benefits, potential policy pitfalls</h2>
<p>Regularization programs <a href="https://fra.europa.eu/en/publication/2012/regularisations-instrument-reduce-vulnerability-social-exclusion-and-exploitation">have many benefits</a>. </p>
<p>For migrants and those concerned about their well-being and rights, such programs can provide safety, stability and access to rights and family reunification. </p>
<p>For the government, a well-designed program can “reset” the growing population of people without status or at risk of losing it, thereby remediating a problem produced by years of policies favouring temporary and conditional permits. </p>
<p>Regularization can also provide a boon to the economy and the labour market by allowing workers to move from precarious jobs to more stable and better work in sectors where their skills are most needed.</p>
<figure class="align-center ">
<img alt="A man works in a farmer's field among rows of seedlings. A tractor is in the background." src="https://images.theconversation.com/files/476385/original/file-20220727-7627-okxowq.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/476385/original/file-20220727-7627-okxowq.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=415&fit=crop&dpr=1 600w, https://images.theconversation.com/files/476385/original/file-20220727-7627-okxowq.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=415&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/476385/original/file-20220727-7627-okxowq.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=415&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/476385/original/file-20220727-7627-okxowq.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=522&fit=crop&dpr=1 754w, https://images.theconversation.com/files/476385/original/file-20220727-7627-okxowq.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=522&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/476385/original/file-20220727-7627-okxowq.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=522&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">A worker from Mexico plants strawberries on a farm in Mirabel, Que., in May 2020.</span>
<span class="attribution"><span class="source">THE CANADIAN PRESS/Graham Hughes</span></span>
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</figure>
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Read more:
<a href="https://theconversation.com/how-we-treat-migrant-workers-who-put-food-on-our-tables-dont-call-me-resilient-ep-4-153275">How we treat migrant workers who put food on our tables: Don't Call Me Resilient EP 4</a>
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<p>For regularization programs to be effective policy tools, they need to be inclusive and comprehensive. Here are some potential pitfalls: </p>
<p>1) Imposing a low arbitrary cap on the number of permits available, while useful for budgeting and staffing purposes, would make the program inaccessible to most. </p>
<p>2) Limiting the program to undocumented workers in specific sectors would have the sole purpose of addressing labour market needs while failing to recognize undocumented residents’ contributions in all sectors of the economy and society. <a href="https://www.cbc.ca/news/canada/montreal/guardian-angels-quebec-residency-1.5962835">The “guardian angels” initiative</a> — a program that provided a pathway to permanent residency to a few asylum-seekers who worked in very specific health-care jobs during the COVID-19 pandemic — has taught us that such an approach risks imposing restrictive professional criteria that would disqualify many workers. </p>
<p>3) Providing only temporary and conditional permits would be counter-productive because those permits are largely responsible for the growing number of undocumented residents in Canada. </p>
<p>This is a historic opportunity to tackle a long-standing problem and start rethinking our immigration and refugee model. </p>
<p>In the next few months, we’ll see whether the government intends to use this policy tool to its full potential or settle for a small symbolic program that will fail to bring about long-term structural change.</p><img src="https://counter.theconversation.com/content/187415/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Regularization programs that help refugees and migrants become permanent residents have tremendous positive outcomes for both migrants and society.Peter Nyers, Professor of Political Science, McMaster UniversityDavid Moffette, Associate Professor of Criminology, L’Université d’Ottawa/University of OttawaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1844202022-07-03T13:24:33Z2022-07-03T13:24:33ZCanada needs to build more affordable housing for newcomers<figure><img src="https://images.theconversation.com/files/470660/original/file-20220623-51687-zqrr9z.jpg?ixlib=rb-1.1.0&rect=0%2C0%2C5559%2C3242&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Minister of Immigration, Refugees and Citizenship Marco Mendicino holds a press conference in Ottawa in November 2020.</span> <span class="attribution"><span class="source">THE CANADIAN PRESS/Sean Kilpatrick</span></span></figcaption></figure><p>The relationship between newcomers and the Canadian economy involves three key pillars: job availability, a sufficient population of working age and affordable housing. All three pillars must be supported by the government — if one is missing, the entire system collapses.</p>
<p>While Canada has always <a href="https://www.macleans.ca/news/canada/low-fertility-rates-mean-canadian-growth-relies-on-immigration/">relied on newcomers for population growth because of its low birth rate</a>, both housing affordability and job availability tend to fluctuate much more drastically. </p>
<p>In the past, Canadian newcomers have struggled to <a href="https://www.canada.ca/en/employment-social-development/programs/foreign-credential-recognition/consultations/emp-challenges.html">find quality employment</a> because of tight job markets and credential recognition barriers. As such, many newcomers have <a href="https://newcanadianmedia.ca/gig-economy-continues-to-push-immigrants-into-unstable-jobs">found themselves underemployed</a> in gig jobs and part-time minimum wage positions.</p>
<p>However, the recent <a href="https://www150.statcan.gc.ca/n1/daily-quotidien/220427/dq220427a-eng.htm">labour shortage, precipitated by the retirement</a> of the baby boomers and <a href="https://theconversation.com/its-not-just-that-canadian-restaurant-workers-have-left-many-have-yet-to-arrive-178593">compounded by the pandemic</a>, has resulted in a <a href="https://www.ctvnews.ca/canada/canadian-job-vacancies-hit-quarterly-record-high-in-q1-led-by-demand-in-health-sector-1.5956443">boon of available jobs</a> for newcomers.</p>
<p>With a <a href="https://www150.statcan.gc.ca/n1/daily-quotidien/210928/dq210928d-eng.htm">low national birth rate</a> and a <a href="https://vancouverisland.ctvnews.ca/immigration-key-to-make-up-for-impact-of-low-birth-rates-on-vancouver-island-1.5892391">high labour demand</a>, immigration is more important than ever to <a href="https://www.canada.ca/en/immigration-refugees-citizenship/news/2022/02/infographic-immigration-and-canadas-economic-recovery.html">sustain and grow the Canadian economy</a>. </p>
<p>To accomplish such a goal, <a href="https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/committees/cimm-nov-25-2020/cimm-2021-2023-multi-year-levels-plan-nov-25-2020.html">Canada’s department of immigration has set a target</a> to admit between 950,000 and 1,260,000 new permanent residents over the next few years. Canada needs to ensure these new residents have safe, secure and affordable places to call home when they arrive.</p>
<h2>Housing pillar still unsupported</h2>
<p>While <a href="https://www.cpacanada.ca/en/news/pivot-magazine/2022-02-16-housing-market">Canada now has jobs available</a> for newcomers, and the immigration policies needed to fill those job vacancies, immigrants and migrants are still struggling with finding places to live. Rapidly escalating housing costs and low housing availability are <a href="https://www.tvo.org/article/a-very-long-journey-another-challenge-for-newcomers-finding-affordable-housing">a lethal combination for newcomers</a>.</p>
<figure class="align-center ">
<img alt="A woman walking past a row of real estate listing signs on a lawn" src="https://images.theconversation.com/files/470663/original/file-20220623-51187-nql5ls.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/470663/original/file-20220623-51187-nql5ls.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=443&fit=crop&dpr=1 600w, https://images.theconversation.com/files/470663/original/file-20220623-51187-nql5ls.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=443&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/470663/original/file-20220623-51187-nql5ls.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=443&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/470663/original/file-20220623-51187-nql5ls.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=556&fit=crop&dpr=1 754w, https://images.theconversation.com/files/470663/original/file-20220623-51187-nql5ls.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=556&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/470663/original/file-20220623-51187-nql5ls.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=556&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">The deadly combination of housing being used as an investment tool, coupled with increased housing demand, has led to sky-rocketing real estate prices.</span>
<span class="attribution"><span class="source">THE CANADIAN PRESS/Nathan Denette</span></span>
</figcaption>
</figure>
<p>In spite of more <a href="https://www.userwalls.news/n/canada-construction-market-industry-report-2022-annual-growth-real-terms-2021-expected-3259171/?page=2">new units being built</a> than ever before, as household size continues to shrink, more units are needed to house the same population size. Ontario needs to build <a href="https://www.cbc.ca/news/canada/toronto/ontario-one-million-homes-1.6204829">one million homes</a>, and <a href="https://vancouversun.com/business/real-estate/many-new-homes-are-needed-in-metro-vancouver">Vancouver 156,000,</a> over the next decade to address the housing gap and accommodate families who are struggling with housing stability.</p>
<p>The combination of modest population growth, <a href="https://theconversation.com/ontario-must-commit-to-affordable-housing-for-all-not-attainable-housing-184103">housing financialization</a> and increased housing demand is <a href="https://www.crea.ca/housing-market-stats/national-price-map/">rapidly driving prices up</a>. These factors have led to housing becoming deeply <a href="https://seekingalpha.com/article/4497208-canadas-unaffordable-housing-comes-with-long-term-financial-drag">unaffordable</a> for many. Without affordable housing, newcomers will go elsewhere, our labour shortage will continue and Canada will struggle to sustain economic growth.</p>
<h2>The myth of the Canadian dream</h2>
<p>Over the past five years, we have conducted research on the long-term housing outcomes of Syrian government-assisted refugees <a href="https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/welcome-syrian-refugees/key-figures.html">who settled in Canada from 2015-16</a>. We have met with these families regularly to assess their housing quality and progress towards achieving <a href="https://doi.org/10.26522/ssj.v16i1.2669">housing stability</a>.</p>
<p>Throughout the course of our research, we have witnessed how frustrated many refugees are with being unable to achieve housing stability. Initially under-housed in small apartments, most refugee families aim to gain employment so they can eventually purchase <a href="https://www.cbc.ca/news/canada/nova-scotia/syrian-refugees-halifax-housing-families-1.3413716">larger homes to suit their families</a>. </p>
<p>But no matter how quickly they improve their economic condition, housing quickly moves out of reach with the <a href="https://www.cbc.ca/news/business/gas-prices-explained-2022-1.6460817">rising costs</a> of fuel and <a href="https://www.cbc.ca/news/canada/saskatchewan/food-affordability-saskatchewan-coupon-farm-1.6465299">on food</a>.</p>
<figure class="align-center ">
<img alt="A congregation of people reciting an oath and holding their right hands up" src="https://images.theconversation.com/files/470662/original/file-20220623-50671-d5y9nh.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/470662/original/file-20220623-50671-d5y9nh.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/470662/original/file-20220623-50671-d5y9nh.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/470662/original/file-20220623-50671-d5y9nh.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/470662/original/file-20220623-50671-d5y9nh.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/470662/original/file-20220623-50671-d5y9nh.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/470662/original/file-20220623-50671-d5y9nh.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">New Canadians swear allegiance at an Oath of Citizenship ceremony at The Canadian Museum of Immigration at Pier 21 in Halifax in January 2020.</span>
<span class="attribution"><span class="source">THE CANADIAN PRESS/Riley Smith</span></span>
</figcaption>
</figure>
<p>With home prices surging and the rental market escalating, newcomer families find themselves locked into their current rental units, unable to buy a home or even rent a larger place. The only option left for them is to remain under-housed and disappointed at having been oversold on what Canada offers. </p>
<h2>Better policies needed</h2>
<p>Ultimately, ensuring Canada’s economic growth will require policies that both increase housing supply and ensure affordability of this supply. If housing affordability stalls population growth, the labour shortage will become <a href="https://www.cbc.ca/news/business/job-skills-shortage-1.6409237">even more of a crisis than it already is</a>.</p>
<p>All levels of government must take immediate action to improve housing supply and affordability, including by increasing the supply of affordable housing. Government intervention has to be better co-ordinated and should reduce the amount of administrative red tape faced by community-based organizations trying to lead affordable housing projects. </p>
<p>This includes, but should not be limited to, implementing the recent recommendations proposed by <a href="https://files.ontario.ca/mmah-housing-affordability-task-force-report-en-2022-02-07-v2.pdf">Ontario Housing Affordability Task Force</a> that focuses on increasing housing density, for example.</p>
<p>To make the housing market responsive to newcomers’ needs, this should include the development of larger housing units to accommodate families. This is especially relevant because the children of newcomers will eventually participate in the Canadian labour market. </p>
<p>Housing, immigration and the economy must work together. Currently, it seems like housing is not working for anyone except investors. Addressing the housing issue by adopting <a href="https://www.ohchr.org/en/press-releases/2019/06/canada-new-rights-focused-housing-policy-shows-way-other-countries-says-un">a human rights framework</a> put us on an accelerated path to meet newcomer families’ housing needs.</p><img src="https://counter.theconversation.com/content/184420/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Fawziah Rabiah-Mohammed receives funding from SSHRC. </span></em></p><p class="fine-print"><em><span>Abe Oudshoorn receives funding from the Social Sciences and Humanities Research Council in Canada. </span></em></p><p class="fine-print"><em><span>Cindy Brown receives funding from SSHRC. </span></em></p><p class="fine-print"><em><span>Luc Theriault receives funding from SSHRC. He is affiliated with CCPA-NS.</span></em></p>Addressing the housing issue by adopting a human right framework put Canada on an accelerated path to meet newcomer families’ housing needs.Fawziah Rabiah-Mohammed, PhD Candidate, Arthur Labatt Family School of Nursing, Western UniversityAbe Oudshoorn, Associate Professor, The Arthur Labatt Family School of Nursing, Western UniversityCindy Brown, Research Associate, Department of History, University of New BrunswickLuc Theriault, Professor of Sociology, University of New BrunswickLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1820012022-05-25T14:38:09Z2022-05-25T14:38:09ZPunishment vs. deportation: What we can learn from the case of the truck driver in the Humboldt Broncos bus crash<figure><img src="https://images.theconversation.com/files/463061/original/file-20220513-23-aldhpj.jpg?ixlib=rb-1.1.0&rect=8%2C0%2C2986%2C1994&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Jaskirat Singh Sidhu arrives for his sentencing hearing in Melfort, Sask., in March 2019.</span> <span class="attribution"><span class="source">THE CANADIAN PRESS/Kayle Neis</span></span></figcaption></figure><p>Jaskirat Singh Sidhu <a href="https://www.ctvnews.ca/w5/wife-of-the-humboldt-driver-pleads-for-mercy-1.5816139">landed in Canada as a permanent resident in 2014, joining his now wife, Tanvir</a>. After marrying in 2018, Tanvir made the decision to return to school and become a dental hygienist. Sidhu, who has a degree in commerce, earned his license to operate a tractor trailer so he could support his family while his wife finished school.</p>
<p>The licensing process required only a week of instruction and two weeks of solo driving. Sidhu was then legally allowed to operate a tractor trailer. </p>
<p>Sidhu was still a trucking novice when on April 6, 2018, he crashed into the Humboldt Broncos bus. He was <a href="https://nationalpost.com/opinion/opinion-deporting-humboldt-truck-driver-would-be-vengeance-not-justice">convicted of dangerous driving causing death and bodily harm, and sentenced to eight years imprisonment</a>. </p>
<p>Not yet a citizen, he now faces removal from the country, being potentially <a href="https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-6.html#docCont">inadmissible for serious criminality under the Immigration and Refugee Protection Act (IRPA)</a>.</p>
<p>What will Canada achieve by deporting Sidhu? </p>
<p>By <a href="https://www.cbc.ca/news/canada/saskatchewan/driver-who-caused-deadly-humboldt-broncos-bus-crash-denied-first-bid-to-stay-in-canada-1.6378794">the time he’s deported</a>, Sidhu will have served the longest term of imprisonment ever imposed in Canada for the <a href="https://nationalpost.com/opinion/opinion-deporting-humboldt-truck-driver-would-be-vengeance-not-justice?">offence committed where the convicted person had not consumed drugs or alcohol and was not otherwise distracted</a>. </p>
<p><a href="https://www.ctvnews.ca/w5/wife-of-the-humboldt-driver-pleads-for-mercy-1.5816139">To remove him will force his wife, who is now a citizen, to also relocate</a>. Any steps they have taken to improve their lives and contribute to Canada will be lost. So, what does Canada actually gain through deportation? And how do Canadians benefit by deporting Sidhu? </p>
<h2>Deciding to remove</h2>
<p>The response to Sidhu’s <a href="https://www.cbsa-asfc.gc.ca/security-securite/rem-ren-eng.html">potential removal</a> has been mixed — including among the victims’ family members. Supporters of Sidhu <a href="https://nationalpost.com/opinion/opinion-deporting-humboldt-truck-driver-would-be-vengeance-not-justice?">have described his removal as an act of vengeance with no clear purpose</a>. And <a href="https://www.macleans.ca/longforms/forgiving-jaskirat-sidhu/">family members who object to his deportation have</a> highlighted his significant repentance. They similarly question the utility of deportation, <a href="https://nationalpost.com/opinion/opinion-deporting-humboldt-truck-driver-would-be-vengeance-not-justice">acknowledging that Sidhu will have already been punished by the criminal justice system before removal</a>.</p>
<p>Families of victims that support deportation <a href="https://globalnews.ca/news/8670884/humboldt-broncos-jaskirat-sidhu-deportation-cbsa/">have comparatively characterized Sidhu’s removal as a necessary step towards the achievement of “justice.”</a> They have argued that laws like the inadmissibility provisions in the IRPA are in place because they protect Canadians. </p>
<p>According to these families, it is because of laws like these that Canada is such a great place to live, and why many migrants want to call Canada home. They argue that to not remove Sidhu would then offend legislative requirements.</p>
<figure class="align-center ">
<img alt="A man wearing a suit walks with his head down in a snow-covered parking lot with two people flanking him" src="https://images.theconversation.com/files/463741/original/file-20220517-20-dyzxh9.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/463741/original/file-20220517-20-dyzxh9.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=429&fit=crop&dpr=1 600w, https://images.theconversation.com/files/463741/original/file-20220517-20-dyzxh9.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=429&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/463741/original/file-20220517-20-dyzxh9.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=429&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/463741/original/file-20220517-20-dyzxh9.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=539&fit=crop&dpr=1 754w, https://images.theconversation.com/files/463741/original/file-20220517-20-dyzxh9.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=539&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/463741/original/file-20220517-20-dyzxh9.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=539&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Sidhu leaves with his lawyers after the third day of sentencing hearings in Melfort, Sask., in January 2019.</span>
<span class="attribution"><span class="source">THE CANADIAN PRESS/Ryan Remiorz</span></span>
</figcaption>
</figure>
<h2>Deportation vs. punishment</h2>
<p>Sidhu’s deportation is often <a href="https://www.cbc.ca/news/canada/saskatoon/broncos-crash-semi-driver-deportation-lawyer-1.5781607">positioned as a “punishment</a>.” Regularly described <a href="https://nationalpost.com/opinion/opinion-deporting-humboldt-truck-driver-would-be-vengeance-not-justice">as an act of “vengeance,”</a> a step <a href="https://www.cbc.ca/news/canada/saskatchewan/driver-who-caused-deadly-humboldt-broncos-bus-crash-denied-first-bid-to-stay-in-canada-1.6378794">in the pursuit of “justice”</a> and that it is being imposed based on the commission of the offence.</p>
<p>Yet by deporting Sidhu, Canada is not punishing him for the offence committed. </p>
<p>Deportation is instead imposed based on conviction and sentence. As set out in <a href="https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-6.html#docCont">section 36(1)(a) of the IRPA</a>, a migrant may be inadmissible for serious criminality where they are convicted of an offence carrying a maximum term of imprisonment of 10 years or more, or where they have been sentenced to incarceration for more than six months. </p>
<p>An order for deportation is only rendered following the conclusion of criminal proceedings. </p>
<p>This distinction between punishment and removal was confirmed by the Supreme Court of Canada in <a href="https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/12904/index.do"><em>R. v. Pham</em></a> where it was determined that deportation is not a true penal consequence. </p>
<p>Deportation is instead a “collateral consequence” of conviction; it is a <a href="https://www.jstor.org/stable/4508379">civil sanction</a> imposed because of conviction, not as punishment for the actual offence committed.</p>
<h2>Rationalizing deportation</h2>
<p>If not to punish, then why deport Sidhu?</p>
<p>Arguments for legislation targeting removal have primarily (although not exclusively) <a href="https://www.parl.ca/LegisInfo/en/bill/41-1/C-43">characterized migrants as “foreigners” who threaten the safety and security of citizens</a>. </p>
<p>The primary reference to “foreignness” supports expulsion by positioning migrants convicted of offences as outside of <a href="https://us.macmillan.com/books/9780312422660/societymustbedefended">the population</a> — migrants are contrasted to citizens as victims. So it is in the interest of Canadians to support deportation of these “threatening outsiders.” </p>
<p>What is crucial here, and in distinction to punishment in the criminal courts, is that the positioning of foreigners as outside of the population further justifies their lack of access to legal rights. </p>
<p>A common saying in support of exclusion is that being in Canada is a privilege, not a right. And when migrants fail to abide by Canadian legislation, <a href="https://www.sup.org/books/title/?id=2003">they lose this privilege</a>. </p>
<p>By equating removal with punishment, these distinctions between the criminal court and immigration are lost. But recognizing the limits on access to rights in the immigration system is critical. </p>
<p>Following the 2013 passage of <a href="https://www.parl.ca/LegisInfo/en/bill/41-1/C-43">Bill C-43, the Faster Removal of Foreign Criminals Act</a>, migrant access to appeal a removal order issued for serious criminality has been significantly restricted. Permanent residents now only retain the right to appeal if sentenced to less than six months imprisonment. </p>
<p>For migrants who have lived in Canada their entire lives and who now face deportation, these limits on access to the right of appeal mean that they can be sent to a country they don’t know, where they have no network of support, all because they have been positioned as “foreign.” </p>
<figure class="align-center ">
<img alt="A courtroom sketch of a man standing with a judge behind a desk" src="https://images.theconversation.com/files/463743/original/file-20220517-16-7mjuub.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/463743/original/file-20220517-16-7mjuub.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=422&fit=crop&dpr=1 600w, https://images.theconversation.com/files/463743/original/file-20220517-16-7mjuub.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=422&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/463743/original/file-20220517-16-7mjuub.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=422&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/463743/original/file-20220517-16-7mjuub.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=530&fit=crop&dpr=1 754w, https://images.theconversation.com/files/463743/original/file-20220517-16-7mjuub.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=530&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/463743/original/file-20220517-16-7mjuub.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=530&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Crown prosecutor Thomas Healey during Sidhu’s sentencing hearing in a courtroom sketch, in January 2019.</span>
<span class="attribution"><span class="source">THE CANADIAN PRESS/Cloudesley Rook-Hobbs</span></span>
</figcaption>
</figure>
<p>Sidhu is not being deported as punishment. He is being removed because he has been positioned as a foreigner in Canada who has lost the privilege to remain. Removal is used here not as a punishment for what was done, but because of who Sidhu is. </p>
<p>Recognition of the distinction in rationales for punishment and deportation is acute to broader discussions of citizenship. We must be attentive to whose rights are delimited <a href="https://utorontopress.com/9781442691520/exalted-subjects/">based on the binary between citizens and foreigners that supports deportation</a>. Who is actually captured by these categories? Who is a citizen, who is protected and who is excluded?
While rhetorical, these questions are meant to signal that limits on access to appeal deportation are a cause for concern for everyone in Canada.</p>
<p><em>This is a corrected version of a story originally published on May 25, 2022. The earlier story said “limits on deportation are a cause for concern” when it should have said “limits on access to appeal deportation are a cause for concern.”</em></p><img src="https://counter.theconversation.com/content/182001/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Jessica Templeman is affiliated with the Bellissimo Law Group, a citizenship and immigration law firm. </span></em></p>Sidhu is not being deported as punishment. He is being removed because he has been positioned as a foreigner in Canada who has lost the privilege to remain.Jessica Templeman, Doctoral Student, Socio-Legal Studies, York University, CanadaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1578552021-04-15T15:45:43Z2021-04-15T15:45:43ZStatus for all: Pathways to permanent residency in Canada need to include every migrant<figure><img src="https://images.theconversation.com/files/394343/original/file-20210409-13-1ubihnj.jpg?ixlib=rb-1.1.0&rect=8%2C0%2C2986%2C2079&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">With the pandemic, pathways to permanent residence have been disrupted.</span> <span class="attribution"><span class="source">THE CANADIAN PRESS/Graham Hughes</span></span></figcaption></figure><p>Migrant rights networks, advocates and allies in Canada are calling for <a href="https://migrantrights.ca/status-for-all/">status for all</a>. And this call is <a href="https://ccrweb.ca/en/res/proposal-regularization-individuals-and-families-without-status">not new</a>. It is time to ask why status for all is essential for mitigating social inequalities laid bare by the pandemic.</p>
<p>Status for all means permanent residency for all temporary migrant workers and their families who live in Canada with <a href="https://on-irpp.org/3qRuSUJ">precarious legal status</a>. Temporary migrant workers include <a href="https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada.html">international students</a>, <a href="https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/eligibility.html">refugee claimants</a>, <a href="https://www.canada.ca/en/employment-social-development/services/foreign-workers.html">temporary foreign workers</a> in low-wage occupations and migrants classified as high-skilled in the <a href="https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/hire-temporary-foreign/international-mobility-program.html">International Mobility Program</a>. It also includes <a href="https://www.thestar.com/news/insight/2013/08/17/are_they_illegal_or_illegalized.html">non-status</a> migrants. </p>
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Read more:
<a href="https://theconversation.com/coronavirus-canada-stigmatizes-jeopardizes-essential-migrant-workers-138879">Coronavirus: Canada stigmatizes, jeopardizes essential migrant workers</a>
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<p>In December 2020, there were over a million <a href="https://www.thestar.com/opinion/contributors/2021/03/06/our-temporary-residents-provide-a-resource-we-cant-ignore.html">temporary migrants</a> in Canada, including international students and low- and high-wage temporary migrant workers. There were also 81,000 or more <a href="https://www.irb-cisr.gc.ca/en/statistics/Pages/volume-reports.aspx">refugee claimants</a>. But there is no reliable data on how many people <a href="https://doi.org/10.1080/13645579.2020.1866339">live and work in Canada without authorization</a>.</p>
<p>They all have <a href="https://on-irpp.org/3qRuSUJ">precarious legal status</a>, which makes their vulnerability distinct. All temporary migrants are deportable. </p>
<p>There are legal limits set on their access to work, <a href="https://doi.org/10.1093/socpro/spaa046">health care</a> and <a href="https://doi.org/https://doi.org/10.7202/1060676ar">education</a>. And they must constantly meet formal and unspoken conditions to remain in Canada and access work. </p>
<p>Most have limited access to government supports, including COVID-19 <a href="https://lawofwork.ca/will-migrant-workers-be-covered-by-the-canada-emergency-response-benefit/">income supports</a>: international students were entitled to CERB but <a href="https://www.macleans.ca/education/how-the-pandemic-has-disrupted-the-lives-of-international-students-in-canada/">didn’t always qualify</a>.</p>
<p>With the pandemic, pathways to permanent residence (PR) have been disrupted, put on hold, restarted and modified — leaving many migrants in indefinite temporariness. </p>
<h2>How did we get here?</h2>
<p><a href="https://www.policyalternatives.ca/publications/monitor/two-step-immigration">Two decades</a> ago, the government of Canada moved towards a <a href="https://on-irpp.org/3qRuSUJ">two-track</a>, <a href="https://maytree.com/wp-content/uploads/shaping-the-future.pdf">two-step</a> <a href="https://rsc-src.ca/sites/default/files/Immigration%20PB_EN.pdf">immigration system</a> that prioritizes the <a href="http://www.justlabour.yorku.ca/index.php?volume=19&page=foster_ab">temporary migration</a> of people with precarious legal status. </p>
<p>Three features of the new system ensure <a href="https://metcalffoundation.com/publication/canadas-choice/">migrant vulnerability</a> in the labour market, which <a href="https://doi.org/10.1080/13621020902850643">continually</a> <a href="http://dx.doi.org/10.1080/13621025.2015.1110280">reproduces</a> conditions that guarantee an ongoing pool of people who live and work in Canada without status.</p>
<p>First, <a href="https://www.researchgate.net/publication/303420373_The_shifting_landscape_of_contemporary_Canadian_immigration_policy_The_rise_of_temporary_migration_and_employer-driven_immigration">employer-driven</a> selection and probation are central to the new immigration system. The two-step model allows some foreign worker categories and international students to apply for PR after meeting work-centred requirements and gives employers and <a href="https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/provincial-nominees/works.html">provinces</a> a larger role in selecting and retaining migrant workers and immigrants. As a result, employers are in control of many migrant workers’ access to work and PR.</p>
<p>The financial and political gutting of refugee determination is a second component of the system. Concerns over <a href="https://www.thestar.com/opinion/contributors/2020/08/13/we-failed-the-people-who-fled-conflict-on-the-mv-sun-sea.html">dangerous</a> and “<a href="https://doi.org/10.25071/1920-7336.38604">bogus</a>” refugees claimants led <a href="https://ccrweb.ca/en/refugee-facts">to changes</a> in the system that restrict access, create backlogs, provide <a href="https://ccrweb.ca/en/refugees-social-assistance">insufficient social assistance</a> and force people to choose survival jobs over education and training. </p>
<p>Third, the immigration <a href="https://doi.org/10.1080/13621020902850643">system reproduces</a> the non-status population. Temporary migrants can fall out of status when they navigate complex and changing policies and requirements. These can include being unable to afford the fees for tests and permit renewals, relationship breakdowns, and if they leave a job for any reason such as unpaid wages, sexual harassment, or unsafe working conditions. They are subject <a href="https://doi.org/https://doi.org/10.1111/j.1467-6478.2015.00706.x">to surveillance</a> and fear of deportation in their encounters with almost everyone.</p>
<p>This can make international students, refugee claimants, temporary migrant workers and non-status people feel like they are navigating a game of <a href="https://utorontopress.com/ca/producing-and-negotiating-non-citizenship-4">chutes and ladders</a>.</p>
<p>These situations breed anxiety and uncertainty. Spending time with temporary status or without status has lasting impacts. It affects physical and <a href="https://doi.org/10.1007/BF03405421">mental health</a>, family dynamics and long-range <a href="https://doi.org/10.1080/13621025.2014.905269">planning</a>. </p>
<p>Pre-pandemic life was already uncertain for many, and it has made things worse financially and emotionally. A way to resolve this is by ensuring that the barrier of precarious status is removed for all.</p>
<h2>Renewing the call: Status for all</h2>
<p>A year into the pandemic, migrants and <a href="https://www.kairoscanada.org/kairos-joins-statusforall-and-landed-status-now-campaign">advocates</a> are calling for status for all. Regularization strategies have been reviewed and <a href="http://accessalliance.ca/index.php?option=com_content&task=view&id=48&Itemid=31.">proposed</a>, and there are other proposals and programs in the works.</p>
<p>One approach hinges on the motto “good enough to work, good enough to stay.” It extends employer control because it links the granting of PR to employment criteria. It includes proposals to expedite the transition to PR for <a href="https://www.thestar.com/opinion/contributors/2021/03/06/our-temporary-residents-provide-a-resource-we-cant-ignore.html">temporary workers and international students</a> and government pilot status adjustment programs. </p>
<p>A government program rewards “deserving” <a href="https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/healthcare-workers-permanent-residence.html">workers in long-term care</a> homes with pending or denied refugee claims with a path to PR. Another program offers a path for <a href="https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/agri-food-pilot/about.html">agri-food workers</a> with 12 months of non-seasonal temporary work permit experience who meet language requirements and have an offer for non-seasonal employment. A third will give PR to up to 500 previously authorized, but currently non-status <a href="https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/permanent-residence-construction-workers-gta.html">construction workers</a> in the GTA and their families. And a <a href="https://www.canada.ca/en/immigration-refugees-citizenship/news/2021/04/new-pathway-to-permanent-residency-for-over-90000-essential-temporary-workers-and-international-graduates.html">recently announced new program</a> will give PR to over 90,000 essential temporary workers and international graduates.</p>
<p>While these are paths forward, they aren’t perfect. Employment-based regularization is short-term, strategic and pragmatic. It focuses on migrant workers with higher human capital, but largely leaves out refugee claimants, those without status, youth and non-working family members. The government’s pilot programs are a drop in the bucket. Most migrant workers, asylum claimants, international students and people without status will be left out. </p>
<p>Status for all centres human rights, mobility rights and decent work — for all temporary migrants with precarious legal status and their families, not just workers in some sectors or occupations. </p>
<p>Status for all can contribute to decent work by eliminating <a href="https://doi.org/10.1177/0306396810371766">temporariness and illegalization</a> as grounds for exploitation and harassment and can better migrants’ health and well-being. PR will not remove racism and other systemic barriers, but it is crucial. With greater security and less fear, immigrants with secure status can focus time and resources on their families and communities.</p>
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<img alt="" src="https://images.theconversation.com/files/381818/original/file-20210201-13-1g0n3ld.png?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/381818/original/file-20210201-13-1g0n3ld.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=600&fit=crop&dpr=1 600w, https://images.theconversation.com/files/381818/original/file-20210201-13-1g0n3ld.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=600&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/381818/original/file-20210201-13-1g0n3ld.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=600&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/381818/original/file-20210201-13-1g0n3ld.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=754&fit=crop&dpr=1 754w, https://images.theconversation.com/files/381818/original/file-20210201-13-1g0n3ld.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=754&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/381818/original/file-20210201-13-1g0n3ld.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=754&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="attribution"><a class="source" href="https://theconversation.com/ca/podcasts">Click here to listen to Don’t Call Me Resilient</a></span>
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<p>Post-pandemic immigration policy is a longer conversation that must consider the global dimensions of migration. We can work toward an equitable recovery by acknowledging the systemic failures of the Canadian immigration system. It begins with reversing the rise of two-track and two-step immigration and prioritizing permanent immigration.</p>
<iframe height="200px" width="100%" frameborder="no" scrolling="no" seamless="" src="https://player.simplecast.com/fb677b1e-ec8e-492f-8975-a16d9e0ac730?dark=true"></iframe>
<p><a href="https://podcasts.apple.com/ca/podcast/dont-call-me-resilient/id1549798876"><img src="https://images.theconversation.com/files/321534/original/file-20200319-22606-q84y3k.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=182&fit=crop&dpr=1" alt="Listen on Apple Podcasts" width="268" height="68"></a>
<a href="https://open.spotify.com/show/37tK4zmjWvq2Sh6jLIpzp7"><img src="https://images.theconversation.com/files/321535/original/file-20200319-22606-1l4copl.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=183&fit=crop&dpr=1" width="268" height="70"></a></p>
<p><em>Francisco Rico-Martinez, co-director of the FCJ Refugee Centre, contributed to this piece.</em></p><img src="https://counter.theconversation.com/content/157855/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Luin Goldring receives funding from the Social Sciences and Humanities Research Council of Canada. </span></em></p><p class="fine-print"><em><span>Patricia Landolt receives funding from the Social Sciences and Humanities Research Council of Canada.</span></em></p>The system turns employers into immigration enforcement officers and generates a population of people without status who live and work in Canada without a clear path to security of presence or livelihood.Luin Goldring, Professor of Sociology, York University, CanadaPatricia Landolt, Professor of Sociology, University of TorontoLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1576482021-04-12T15:54:11Z2021-04-12T15:54:11ZCOVID-19 might encourage more people with working holiday visas to apply for Canadian permanent residency<p>Overseas <a href="https://www.blogto.com/city/2021/03/canadians-cancel-holiday-travel-plans-long-weekend/">holidays</a> and <a href="https://www.washingtonpost.com/business/the-latest-virus-cases-rise-in-southwestern-chinese-city/2021/04/04/0afb1f40-95b3-11eb-8f0a-3384cf4fb399_story.html">stable employment</a> have become a thing of the past for many people since the pandemic began. Borders shut, planes languished on runways and hotels emptied. Major economies shuddered under strict lockdowns. </p>
<p>But some young people holding <a href="https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/iec.html">Canadian working holiday visas</a> were undeterred. They were still allowed to enter — or remain if they were already here. The program allows those under 35 to spend a year or two travelling around Canada, while being able to work as much as they need to get by.</p>
<p>Due to the pandemic, the number of valid working holiday work permits as of late 2020 was <a href="https://open.canada.ca/data/en/dataset/360024f2-17e9-4558-bfc1-3616485d65b9">down by two-thirds</a> compared to the year before. But a portion of these visitors may be thinking of staying permanently — a boon to Canada at a time when immigration numbers have plummeted. </p>
<h2>A once in a lifetime opportunity</h2>
<p>Gabriella De Candia is an Australian who was scheduled to fly from Sydney to Vancouver days after the <a href="https://www.who.int/director-general/speeches/detail/who-director-general-s-opening-remarks-at-the-media-briefing-on-covid-19---11-march-2020">World Health Organization (WHO) declared COVID-19 a global pandemic</a> in March 2020. She tried to change her plans but it was impossible to change or get a refund for her ticket. </p>
<p>The easiest solution, she thought, was to just get on the plane, even though it seemed crazy. “What am I doing? Like, I’m moving overseas in the middle of a pandemic,” De Candia recalls thinking. “Am I going to die?”</p>
<p>The logic and benefits of the Canadian working holiday visa program unravelled as the pandemic took hold. Holidaying in a country paralyzed by COVID-19? Finding a job when <a href="https://www.ctvnews.ca/business/canada-s-jobless-rate-hits-record-high-13-7-per-cent-1.4970589">Canadian unemployment rates</a> had more than doubled? It all seemed impossible.</p>
<p>But the fact remained: a working holiday visa is a once in a lifetime opportunity. And that’s what pushed De Candia to come. </p>
<figure class="align-center ">
<img alt="Mount Steven reflects into pond in Field, British Columbia" src="https://images.theconversation.com/files/393865/original/file-20210407-21-19oz14j.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/393865/original/file-20210407-21-19oz14j.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=290&fit=crop&dpr=1 600w, https://images.theconversation.com/files/393865/original/file-20210407-21-19oz14j.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=290&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/393865/original/file-20210407-21-19oz14j.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=290&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/393865/original/file-20210407-21-19oz14j.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=364&fit=crop&dpr=1 754w, https://images.theconversation.com/files/393865/original/file-20210407-21-19oz14j.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=364&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/393865/original/file-20210407-21-19oz14j.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=364&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">British Columbia is a popular spot for many on Canadian working holiday visas because of the stunning scenery, like Mount Steven in Field, B.C.</span>
<span class="attribution"><span class="source">(Shutterstock)</span></span>
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<h2>When going home isn’t an option</h2>
<p>For the first couple months after arriving, De Candia was unsure whether to stick it out. During the first lockdown, she crashed in a hostel surrounded by others struggling to get a flight out. It wasn’t how she’d imagined her time in Canada.</p>
<p>“I was spending my own money instead of earning money,” she says. </p>
<p>By the summer, she was feeling better about her decision. She headed to Squamish, B.C., with friends to hike and soak up the outdoors. In the fall, De Candia finally found work in the film industry as she’d hoped.</p>
<p>Flash forward a year, she’s happy with her choice, even though it’s hard not to be jealous of friends and family in Sydney. Their lives are nearly back to normal thanks to Australia’s aggressive tactics to curb the spread of COVID-19, which includes strictly limiting the number of international arrivals to a few thousand per week. </p>
<p>That means De Candia can’t readily go back even if she wanted to. But some Australians don’t want to go home. </p>
<h2>From being stuck, to making home</h2>
<p>In October 2020, Vishal Teckchandani moved to Brownlee, Sask., a small village (<a href="https://www12.statcan.gc.ca/census-recensement/2016/dp-pd/prof/details/page.cfm?Lang=E&Geo1=CSD&Code1=4707048&Geo2=PR&Code2=47&SearchText=Brownlee&SearchType=Begins&SearchPR=01&B1=All&GeoLevel=PR&GeoCode=4707048&TABID=1&type=0">population 55</a>) one hour northwest of Regina. He’d received a visa almost a year before but put off coming. The pandemic tipped the scales. </p>
<p>“I made a conscious decision that life is finite,” Teckchandani says. </p>
<p>By mid-2020, Canada had <a href="https://workingholidayincanada.com/iec-participants-can-come-to-canada/">changed the rules</a> for working holidays and he could only enter if he already had a job lined up. That’s how he ended up in Brownlee; a friend found him a marketing job at a distillery.</p>
<p>Small-town life for Teckchandani has been a revelation. He watches the train rumble through every day. He met his girlfriend. He made friends, and the commute to work is one minute. “In blizzards, I drive 30 seconds and I’m there,” he explains. “Unless I get stuck and I have to shovel the snow.”</p>
<p>Teckchandani loves Canada so much that he’s already decided to stay. He recently began the process of applying for permanent residency. </p>
<h2>From working holiday to permanent residency</h2>
<p>It used to be unusual that someone on a working holiday visa would apply for permanent residency. A <a href="https://www.canada.ca/en/immigration-refugees-citizenship/corporate/reports-statistics/evaluations/international-experience-canada-2019.html">recent evaluation of the program</a> found that only seven per cent of participants from 2013 to 2017 became permanent residents. </p>
<p>Historically, working holidays were reciprocal exchange programs: foreign youth would come to Canada and Canadian youth would go abroad. It was not intended as a path to immigration, notes Naomi Alboim, an expert on Canadian immigration.</p>
<p>Teckchandani is competitive under Canada’s <a href="https://www.loc.gov/law/help/points-based-immigration/canada.php">points-based immigration system</a>, which rewards youth, advanced degrees, fluency in English or French and work experience. The stereotypical image of a working holiday visa holder — an Australian or New Zealander working a couple seasons at Whistler or Big White — is less so, says Alboim.</p>
<p>But after immigration numbers last year fell to their lowest level since 1998, the government announced that it is aiming for <a href="https://www.canada.ca/en/immigration-refugees-citizenship/news/notices/supplementary-immigration-levels-2021-2023.html">401,000 new immigrants</a> in 2021. Given border restrictions, the government is hoping temporary residents, including those on working holidays, will apply. </p>
<p>Not everyone is interested. De Candia is itching to move on and thinks it’s hard for people who freelance in the film industry like her to qualify. “I’m here for two years, and maybe that’s enough,” she says.</p>
<h2>Changes to the program makes choosing Canada easier</h2>
<p>Gemma Taylor, administrator of a <a href="https://www.facebook.com/groups/ocanada.iec.discussion.support/">Facebook group</a> that helps crowdsource solutions to working holiday issues for its 21,000 members, notes that young people who were already inclined to stay may think about permanent residency earlier than they might have otherwise.</p>
<p>It’s a long process, as Jordan Vannier knows. He first came to Canada from France in 2014 and stayed for a year in Calgary, Alta. He found work at The Roasterie, a coffee shop in Kensington, in downtown Calgary. He made friends, learned English and was just starting to feel comfortable when his visa ran out. </p>
<p>Luckily, due to changes to the program, he became eligible for another working holiday and came back in 2017. “It was not for the adventure anymore,” he says. “It was the feeling of there is something for me over there.”</p>
<p>He settled back into Calgary quickly and by summer 2018 he started the paperwork for permanent residency. “Living with a visa that has an end is a weird thing because on a day-to-day basis you feel extremely free,” he explains. “But the thing is that end date is coming closer and closer day by day.”</p>
<p>Knowing he could stay made it easier to do things he wanted. In 2019, Vannier started his own coffee shop with two friends. His application was still pending when the borders closed last year, but he never thought seriously about going back to France.</p>
<p>In February, his permanent residency came through. “Thanks for choosing Canada,” the letter read.</p><img src="https://counter.theconversation.com/content/157648/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Bryony Lau does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The pandemic has led some people on working holiday visas to apply for permanent residency, while others are going to stick out their two years and head home.Bryony Lau, Dalla Lana Fellow, University of TorontoLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/913042018-02-13T11:40:15Z2018-02-13T11:40:15ZWhat ‘merit-based’ immigration means in different parts of the world<figure><img src="https://images.theconversation.com/files/206063/original/file-20180212-58331-1rt9zq3.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">A naturalization ceremony in Los Angeles.</span> <span class="attribution"><span class="source">AP Photo/Damian Dovarganes</span></span></figcaption></figure><p><em>Editor’s note: The White House is seeking to create a “merit-based” immigration system rather than one based on family reunification. We turned to The Conversation’s global network of scholars to get their insight on how merit-based systems work in other parts of the world.</em></p>
<hr>
<p><strong>Kevin Johnson, dean and professor of public interest law and Chicana/o studies, University of California, Davis, United States</strong></p>
<p>President Donald Trump has called for overhauling the current U.S. immigration laws. Currently, the laws give priority to providing visas for family members of people already in the U.S. Trump and his Republican colleagues want to replace this with a primarily “merit-based” system. </p>
<p>To this end, Trump endorsed <a href="https://theconversation.com/raise-act-global-panel-of-scholars-explains-merit-based-immigration-82062">the RAISE Act</a> in February 2017. Republicans, including President Trump, <a href="https://www.whitehouse.gov/briefings-statements/white-house-framework-immigration-reform-border-security/">continue to push</a> certain elements of it like reducing the ability of immigrants already in the country to bring in their relatives.</p>
<p>The RAISE Act sought to cut annual legal immigration in half, from 1 million to 500,000. It would do so by reducing the total number of family-sponsored green cards from 226,000 to 88,000. Cuts to family-based immigration would primarily affect prospective immigrants from Mexico, China and India, the three nations that today <a href="https://www.dhs.gov/immigration-statistics/special-reports/legal-immigration">send the most</a> immigrants to the United States.</p>
<p>Under the RAISE Act, immigrants admitted based on a new points system based on “merit” would make up a majority of those who receive green cards. Visa applicants would earn points for higher paid job offers, English-language proficiency, advanced degrees, and the ability to make investments of more than US$1 million in the United States.</p>
<p>Reducing legal immigration will likely increase the pressures for undocumented immigration. Right now, there are already <a href="https://theconversation.com/counting-11-million-undocumented-immigrants-is-easier-than-you-think-67921">roughly 11 million</a> undocumented immigrants in the U.S. A merit-based system will mean fewer families are able to be reunited with loved ones through legal immigration. It also will not address <a href="http://www.pewhispanic.org/2015/03/26/chapter-1-occupations-of-unauthorized-immigrant-workers/">the high demand</a> in the United States for <a href="https://theconversation.com/trumps-wall-ignores-the-economic-logic-of-undocumented-immigrant-labor-67371">low- and medium-skilled workers</a> in the agricultural, construction and service industries, which currently employs many undocumented immigrants.</p>
<p><strong>Alex Reilly, director of the public law and policy research unit, Adelaide Law School, University of Adelaide, Australia</strong></p>
<p>In 2015-16, Australia accepted 189,770 permanent migrants through its skilled and family immigration streams. In addition, Australia <a href="https://www.border.gov.au/ReportsandPublications/Documents/statistics/2015-16-migration-programme-report.pdf">permanently resettled</a> just under 18,000 refugees and other humanitarian migrants. This has been the level of migration to Australia for more than 10 years, adding nearly 1 percent to the Australian population of 24 million every year. This is a considerably larger proportion than the U.S. admits through its migration programs.</p>
<p>Twenty years ago, more migrants came through the family stream than the employer stream. By 2015-16, however, 67.7 percent of migrants came through the skilled stream. This change is a direct result of government policy prioritizing skilled migration because of its <a href="http://migrationcouncil.org.au/wp-content/uploads/2016/06/2015_EIOM.pdf">contribution to the economy</a>.</p>
<p>However, these figures are deceptive, as numbers in the skilled migration stream include partners and dependents of primary applicants. So approximately half of all skilled migrants are actually family members of skilled migrants who do not have to meet the eligibility requirements of the primary applicant.</p>
<p>There are two pathways for skilled migration. The first, general skilled migration, requires applicants to work in an <a href="http://www.homeaffairs.gov.au/trav/work/work/skills-assessment-and-assessing-authorities/skilled-occupations-lists/combined-stsol-mltssl">eligible skilled occupation</a>. Most of these skills are in professional areas such as medicine or engineering, or trades in demand in the economy such as plumbers and electricians. The list is updated regularly based on an assessment of Australia’s economic needs.</p>
<p>Visas for this group are awarded on a <a href="https://www.border.gov.au/Trav/Visa-1/189-?modal=/visas/supporting/Pages/skilled/the-points-table.aspx">points system</a> similar to what is being proposed in the U.S. Points are awarded for age, English-language proficiency, skilled employment outside Australia, skilled employment in Australia and qualifications that are linked to occupations on the skilled occupation list. There are also points available for an Australian education, being accredited in a community language, studying in regional Australia, partner qualifications and completing a professional year in Australia. Although migrants in this skilled stream are highly qualified, they do not necessarily find employment in their area of expertise and many remain <a href="http://www.abs.gov.au/ausstats/abs@.nsf/Products/6250.0%7ENov+2010%7EMain+Features%7EEmployment?OpenDocument">underemployed</a>. </p>
<p>The second pathway is for skilled migrants with an employer sponsor. This pathway is open to migrants with wider range of skills and has the advantage of migrants being in guaranteed employment when they first arrive in Australia. Employers must demonstrate that they have a skilled position available, and that there are no Australians willing or able to take up the position. This requires employers to have advertised jobs locally before seeking migrants to do the work. </p>
<p>Almost all employer-sponsored migrants apply from within Australia, and 44 percent of independent skilled migrants also apply from within Australia, transitioning from temporary work, international student and working holiday maker visas. This reflects the very <a href="https://www.border.gov.au/ReportsandPublications/Documents/statistics/temp-entrants-aus-31-dec-2016.pdf">high number of temporary migrants</a> working and studying on these visas in Australia – 750,000 in December 2016.</p>
<p><strong>Mireille Paquet, professor of political science, Concordia University, Montreal, Canada</strong></p>
<p>In 2015-2016, <a href="http://www.cic.gc.ca/english/resources/publications/annual-report-2016/index.asp">Canada admitted 271,845 permanent immigrants</a>. Canada’s permanent migration inflows resemble those of Australia but <a href="https://data.oecd.org/chart/4VTl">are generally smaller than those received by the United States</a>. Immigration is the <a href="http://www.statcan.gc.ca/daily-quotidien/170208/g-a001-eng.htm">largest contributor to population growth</a> in Canada since the early 2000s.</p>
<p>The permanent immigration program is divided into three main streams: <a href="http://globalnews.ca/news/2564668/by-the-numbers-heres-a-look-at-liberal-governments-immigration-plan/">economic, family and humanitarian</a>. The economic stream accounted for about 60 percent of the total permanent immigration to Canada in 2015-2016. Family made up 24 percent of the total immigration to the country. These proportions have remained relatively stable over the last 15 years, with economic immigration representing the largest share of those selected for permanent settlement in the countries. </p>
<p>The economic stream for permanent immigration is currently divided into several programs. The <a href="http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp">Federal Skilled Workers program</a> is often used as the flagship example of Canada’s approach to selecting immigrants in relation to their expected economic contributions. U.S. President Donald Trump has praised it on the grounds that it would create economic mobility for both <a href="https://www.usatoday.com/story/news/world/2017/03/03/donald-trump-praises-canada-immigration-system-again/98685784/">native-born Americans and immigrants</a>.</p>
<p>To be considered, candidates must meet baseline criteria for work experience, language proficiency in at least one of the two official languages – French or English – and education. Candidates are then assessed using a <a href="http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp">100-point selection grid</a> that considers factors such as education, experience, age, arranged employment in Canada and adaptability. Adaptability refers to spouse or partner language level, past work studies in Canada for the applicant and spouse or partner, and the existence of relatives in Canada.</p>
<p>To be eligible, a candidate must score 67 points or higher. The pool of eligible candidates are then ranked. The highest-ranking individuals receive invitations to apply for permanent residence. This system, called <a href="http://www.cic.gc.ca/english/express-entry/">Express Entry</a>, relies on a comprehensive ranking system that involves a total of 1,000 factors. The minister of immigration issues the number of invitations to be extended every month.</p>
<p>Despite a sophisticated assessment system, research demonstrates that immigrants to Canada still face challenges <a href="http://www.cbc.ca/news/canada/toronto/immigration-employment-canada-1.3831468">in finding jobs</a> and achieving economic mobility in the short and medium term. Gender, race and geographic position in the country and employment sector are all factors that affect economic integration of immigrants to Canada.</p><img src="https://counter.theconversation.com/content/91304/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Alex Reilly receives funding from the horticulture industry for research into labour supply options in the industry. </span></em></p><p class="fine-print"><em><span>Kevin Johnson and Mireille Paquet do not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>As Congress takes up the issue of immigration, we turned to our global network of scholars to get their perspective on how so-called merit systems work.Kevin Johnson, Dean and Professor of Public Interest Law and Chicana/o Studies, University of California, DavisAlex Reilly, Director of the Public Law and Policy Research Unit, Adelaide Law School, University of AdelaideMireille Paquet, Professor of Political Science, Concordia UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/820622017-09-18T01:04:15Z2017-09-18T01:04:15ZRAISE Act: Global panel of scholars explains ‘merit-based’ immigration<figure><img src="https://images.theconversation.com/files/185980/original/file-20170914-6558-ykft6l.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">A naturalization ceremony in Los Angeles.</span> <span class="attribution"><span class="source">AP Photo/Jae C. Hong</span></span></figcaption></figure><p><em>Editor’s note: In February, U.S. Republican senators Tom Cotton and David Perdue, with President Donald Trump, <a href="https://www.whitehouse.gov/the-press-office/2017/08/02/remarks-president-trump-senator-tom-cotton-and-senator-david-perdue">unveiled an immigration bill</a> called the <a href="https://www.congress.gov/bill/115th-congress/senate-bill/354">RAISE Act</a>. It would create a “merit-based” points system for evaluating foreigners applying to come to the U.S. through an employment visa.</em></p>
<p><em>The senators said that in drafting it, they had looked to best practices for points-based systems like those in Canada and Australia. As Congress takes up the issue of immigration, we turned to our global network of scholars to get their perspective on how points systems work.</em></p>
<hr>
<h2>Kevin Johnson – University of California, Davis, United States</h2>
<p>The <a href="https://www.congress.gov/bill/115th-congress/senate-bill/354">RAISE Act</a> would drastically reshape American immigration. It will also likely have the unintended consequence of increasing undocumented immigration.</p>
<p>Approximately one million immigrants are granted lawful permanent residence in the U.S. every year. </p>
<p>The RAISE Act would cut annual legal immigrant admissions by one-half, primarily by eliminating family-sponsored immigration visas for those who are not spouses or minor children of U.S. citizens and permanent residents. This would reduce the total number of family-sponsored green cards from 226,000 to 88,000. Cuts to family-based immigration would primarily affect <a href="http://www.migrationpolicy.org/news/raise-act-dramatic-change-family-immigration-less-so-employment-based-system">prospective immigrants</a> from Mexico, China, India, the Philippines and Cuba.</p>
<p>These changes would transform the overall U.S. immigration system from primarily family-based to employment-based. Under the current system, most employment-based immigrants are <a href="https://fas.org/sgp/crs/homesec/R43735.pdf">highly skilled</a> and make up only about 14 percent of those who receive green cards.</p>
<p>Under the RAISE Act, employment-based immigrants would make up a majority of those who receive green cards. The bill would create new criteria for evaluating the most highly skilled applicants.</p>
<p>In the proposed points system, applicants would earn points for meeting certain criteria such as age (preference for person between ages 26 and 30), investing US$1.35 million in the U.S. and having a degree. Extra points are awarded for degrees earned in the U.S. and in a STEM field. Nobel Prize winners, professional athletes and English language speakers would also get extra points.</p>
<p>The bill also seeks to eliminate the Diversity Visa program, which allocates 50,000 visas a year for countries with low rates of immigration to the United States. In addition it would cap refugee admissions at 50,000, which would be the lowest ceiling set <a href="https://cwsglobal.org/cws-strongly-opposes-raise-act-urges-congress-reject-anti-family-anti-refugee-bill/">in modern U.S. history</a>. </p>
<p>Halving legal immigration will likely increase the pressures for undocumented immigration. The current limits on legal immigration have already brought roughly <a href="http://www.pewresearch.org/fact-tank/2017/04/25/as-mexican-share-declined-u-s-unauthorized-immigrant-population-fell-in-2015-below-recession-level/">11 million undocumented immigrants</a> to the U.S. </p>
<p>This is especially the case because the merit-based system will not address the <a href="https://www.dol.gov/oasam/programs/history/herman/reports/futurework/conference/trends/trendsVII.htm">high demand</a> in the United States for low- and medium-skilled workers in the agricultural, construction and service industries. </p>
<h2>Alex Reilly – University of Adelaide, Australia</h2>
<p>In 2015-16, Australia accepted 189,770 permanent migrants through its skilled and family immigration streams. In addition, Australia <a href="https://www.border.gov.au/ReportsandPublications/Documents/statistics/2015-16-migration-programme-report.pdf">permanently resettled</a> just under 18,000 refugees and other humanitarian migrants. This has been the level of migration to Australia for more than 10 years, adding nearly 1 percent to the Australian population of 24 million every year. This is a considerably larger proportion than the U.S. admits through its migration programs.</p>
<p>Twenty years ago, more migrants came through the family stream than the employer stream. In 2015-16, 67.7 percent of migrants came through the skilled stream and 30.8 percent through the family stream. This change is a direct result of government policy prioritizing skilled migration because of its <a href="http://migrationcouncil.org.au/wp-content/uploads/2016/06/2015_EIOM.pdf">contribution to the economy</a>.</p>
<p>However, these figures are deceptive, as numbers in the skilled migration stream include partners and dependents of primary applicants. So approximately half of all skilled migrants are actually family members of skilled migrants who do not have to meet the eligibility requirements of the primary applicant.</p>
<p>There are two pathways for skilled migration. The first, general skilled migration, requires applicants to have occupations on the <a href="http://www.border.gov.au/Trav/Work/Work/Skills-assessment-and-assessing-authorities/skilled-occupations-lists">skilled occupation list</a>. Most of these skills are in professional areas such as medicine or engineering, or trades in demand in the economy such as plumbers and electricians. The list is updated regularly based on an assessment of Australia’s economic needs.</p>
<p>Visas for this group are awarded on a <a href="https://www.border.gov.au/Trav/Visa-1/189-?modal=/visas/supporting/Pages/skilled/the-points-table.aspx">points system</a> similar to what is being proposed in the U.S. Points are awarded for age, English language proficiency, skilled employment outside Australia, skilled employment in Australia and qualifications that are linked to occupations on the skilled occupation list. There are also points available for an Australian education, being accredited in a community language, studying in regional Australia, partner qualifications and completing a professional year in Australia. Although migrants in this skilled stream are highly qualified, they do not necessarily find employment in their area of expertise and many remain <a href="http://www.abs.gov.au/ausstats/abs@.nsf/Products/6250.0%7ENov+2010%7EMain+Features%7EEmployment?OpenDocument">underemployed</a>. </p>
<p>The second pathway is for skilled migrants with an employer sponsor. This pathway is open to migrants with wider range of skills and has the advantage of migrants being in guaranteed employment when they first arrive in Australia. Employers must demonstrate that they have a skilled position available, and that there are no Australians willing or able to take up the position. This requires employers to have advertised jobs locally before seeking migrants to do the work. </p>
<p>Almost all employer-sponsored migrants apply from within Australia, and 44 percent of independent skilled migrants also apply from within Australia, transitioning from temporary work, international student and working holiday maker visas. This reflects the very <a href="https://www.border.gov.au/ReportsandPublications/Documents/statistics/temp-entrants-aus-31-dec-2016.pdf">high number of temporary migrants</a> working and studying on these visas in Australia – 750,000 in December 2016.</p>
<h2>Mireille Paquet – Concordia University, Montreal, Canada</h2>
<p>In 2015-2016, <a href="http://www.cic.gc.ca/english/resources/publications/annual-report-2016/index.asp">Canada admitted 271,845 permanent immigrants</a>. Canada’s permanent migration inflows resemble those of Australia but <a href="https://data.oecd.org/chart/4VTl">are generally smaller than those received by the United States</a>. Immigration is the <a href="http://www.statcan.gc.ca/daily-quotidien/170208/g-a001-eng.htm">largest contributor to population growth</a> in Canada since the early 2000s.</p>
<p>The permanent immigration program is divided into three main streams: <a href="http://globalnews.ca/news/2564668/by-the-numbers-heres-a-look-at-liberal-governments-immigration-plan/">economic, family and humanitarian</a>. The economic stream accounted for about 60 percent of the total permanent immigration to Canada in 2015-2016. Family made up 24 percent of the total immigration to the country. These proportions have remained relatively stable over the last 15 years, with economic immigration representing the largest share of those selected for permanent settlement in the countries. </p>
<p>The economic stream for permanent immigration is currently divided into several programs. The <a href="http://www.cic.gc.ca/english/immigrate/skilled/apply-who.asp">Federal Skilled Workers Program</a> is often used as the flagship example of Canada’s approach to selecting immigrants in relation to their expected economic contributions. U.S. President Donald Trump has praised it on the grounds that it would create economic mobility for both <a href="https://www.usatoday.com/story/news/world/2017/03/03/donald-trump-praises-canada-immigration-system-again/98685784/">native-born Americans and immigrants</a>.</p>
<p>To be considered, candidates must meet baseline criteria for work experience, language proficiency in at least one of the two official languages – French or English – and education. Candidates are then assessed using a <a href="http://www.cic.gc.ca/english/immigrate/skilled/apply-factors.asp">100-point selection grid</a> that considers factors such as education, experience, age, arranged employment in Canada and adaptability. Adaptability refers to spouse or partner language level, past work studies in Canada for the applicant and spouse or partner, and the existence of relatives in Canada.</p>
<p>To be eligible, a candidate must score 67 points or higher. The pool of eligible candidates are then ranked. The highest-ranking individuals receive invitations to apply for permanent residence. This system, called <a href="http://www.cic.gc.ca/english/express-entry/">Express Entry</a>, relies on a comprehensive ranking system that involves a total of 1,000 factors. The minister of immigration issues the number of invitations to be extended every month.</p>
<p>Despite a sophisticated assessment system, research demonstrates that immigrants to Canada still face challenges <a href="http://www.cbc.ca/news/canada/toronto/immigration-employment-canada-1.3831468">in finding jobs</a> and achieving economic mobility in the short and medium term. Gender, race and geographic position in the country and employment sector are all factors that affect economic integration of immigrants to Canada.</p><img src="https://counter.theconversation.com/content/82062/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Alex Reilly receives funding from VegetablesWA to explore labour supply options in the horticulture industry. </span></em></p><p class="fine-print"><em><span>Kevin Johnson and Mireille Paquet do not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>As Congress takes up the issue of immigration, we turned to our global network of scholars to get their perspective on how points systems work.Alex Reilly, Deputy Dean and Director of the Public Law and Policy Research Unit, Adelaide Law School, University of AdelaideKevin Johnson, Dean and Professor of Public Interest Law and Chicana/o Studies, University of California, DavisMireille Paquet, Professor of Political Science, Concordia UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/804702017-08-09T03:58:12Z2017-08-09T03:58:12ZExplainer: how do Australia’s proposed citizenship laws compare internationally?<p>Debate will resume in parliament this week over the <a href="https://theconversation.com/explainer-the-proposed-changes-to-australian-citizenship-76405">government’s proposed changes</a> to Australian citizenship laws. Among the reforms is a requirement for migrants to be permanent residents of Australia for four years before applying for citizenship - an increase from the current requirement of one year. </p>
<p>In a <a href="http://www.minister.border.gov.au/peterdutton/Pages/Door-Int,-Parliamet-House.aspx">doorstop interview</a> in June, Immigration Minister Peter Dutton said such an increase:</p>
<blockquote>
<p>… brings us short of where Germany is at eight years for example, in Canada it’s something like four or five years, the United Kingdom four years as well.</p>
</blockquote>
<p>It’s not entirely clear whether he was referring to the time a prospective citizen must have spent as a permanent resident in those countries before being eligible to apply for citizenship, or the total time they must have lived in the country before being eligible. But how would the proposed changes to Australian citizenship compare on both measures?</p>
<hr>
<p><em><strong>Further reading: <a href="https://theconversation.com/explainer-the-proposed-changes-to-australian-citizenship-76405">Explainer: the proposed changes to Australian citizenship</a></strong></em></p>
<hr>
<h2>Permanent residency and citizenship requirements in Australia</h2>
<p>The changes would affect different groups of migrants in different ways. This is because there are big variations in the time it takes for a person to be eligible to apply for permanent residency after they come to Australia.</p>
<p>The quickest path to permanent residency does not require a person to have lived in Australia at all. For example, foreign workers who work in jobs listed on Australia’s <a href="http://www.border.gov.au/Trav/Work/Work/Skills-assessment-and-assessing-authorities/skilled-occupations-lists">skilled occupations list</a> may apply for permanent residency from outside Australia, where they are <a href="http://www.border.gov.au/Trav/Visa-1/190-">invited to do so by the government</a>, or <a href="http://www.border.gov.au/Trav/Visa-1/186-">nominated by an approved Australian employer</a>.</p>
<p>But most skilled migrants <a href="http://www.border.gov.au/ReportsandPublications/Documents/statistics/2015-16-migration-programme-report.pdf">apply from within Australia</a>, and they face longer wait times. For example, a person on a temporary skilled <a href="https://www.border.gov.au/Trav/Visa-1/457-">457 visa</a> can apply for permanent residency after working in Australia for <a href="http://www.border.gov.au/Trav/Visa-1/186-">two years</a>, provided their employer wants to offer them a permanent position.</p>
<p>Refugees who arrived in Australia by boat have the longest wait. They must first apply for a temporary <a href="https://www.border.gov.au/Trav/Visa-1/790-">Safe Haven Enterprise Visa</a>, which allows them to apply for permanent residency after <a href="http://www.border.gov.au/Trav/Refu/Illegal-maritime-arrivals/applying-protection-visa/shev">three-and-a-half years</a> working or studying in regional Australia, provided they can also meet the eligibility criteria for a permanent visa.</p>
<p>So, the minimum time that migrants in these three groups must live in Australia before becoming eligible for permanent residency ranges from zero to three-and-a-half years. </p>
<p>Despite this, under current law, the minimum time in which different groups of migrants can become eligible for citizenship is actually pretty even: four years for skilled workers in either category, and four-and-a-half years for refugees who arrive by boat. This is because the current requirements take into account the time a person has spent living in Australia before becoming a permanent resident. </p>
<p>Under the proposed changes, things will get much more uneven, because the time a person spends in Australia before gaining permanent residency will no longer count. Migrants that face longer roads to permanent residency will be hardest hit by the changes. For example:</p>
<ul>
<li><p>Things stay the same for skilled workers with immediate access to permanent residency. They will need to live in Australia for at least four years before they can apply for citizenship.</p></li>
<li><p>Skilled workers who start out on 457 visas will need to live in Australia for at least six years before they can apply for citizenship. That’s two years longer than under current law.</p></li>
<li><p>Refugees who arrive by boat will need to live in Australia for at least seven-and-a-half years. That’s three years longer than under current law.</p></li>
</ul>
<hr>
<p><em><strong>Further reading: <a href="https://theconversation.com/minister-to-get-unprecedented-power-if-australias-new-citizenship-bill-is-passed-79356">Minister to get unprecedented power if Australia’s new citizenship bill is passed</a></strong></em></p>
<hr>
<h2>Requirements in Germany</h2>
<p>Migrants who live in Germany are usually entitled to permanent residency (known as a “settlement permit”) after <a href="https://www.gesetze-im-internet.de/aufenthg_2004/__9.html">five years</a>, provided they can meet particular <a href="http://www.make-it-in-germany.com/en/for-qualified-professionals/visa/living-permanently-in-germany/settlement-permit#general-requirements">conditions</a>. </p>
<p>However, it is possible for some people to become permanent residents in less than five years. For instance, spouses of German citizens can acquire permanent residency in <a href="http://www.welcome.stuttgart.de/en/item/show/551582">three years</a>. Reduced periods also apply for <a href="http://www.make-it-in-germany.com/en/for-qualified-professionals/training-learning/study/studying-in-germany-and-after/residence-permits-for-postgraduates">graduates of German universities</a>.</p>
<p>A person must be a <a href="https://www.sachsen.de/en/1461.htm">permanent resident</a> to become a citizen. But there’s no legal requirement to have held permanent residency for any particular length of time.</p>
<p>To be eligible for citizenship, migrants must generally have lived in Germany for <a href="http://www.gesetze-im-internet.de/rustag/__10.html">at least eight years</a>. But this rule is relaxed in certain circumstances:</p>
<ul>
<li><p>People who complete a German integration course can apply for citizenship after seven years – or six years if they can prove a higher level of integration. </p></li>
<li><p><a href="http://www.gesetze-im-internet.de/rustag/__10.html">Families can apply together</a> – even if only one parent has met the eight-year residence requirement. </p></li>
<li><p>Refugees can apply after <a href="http://eudo-citizenship.eu/databases/protection-against-statelessness?p=&application=&search=1&modeby=country&country=Germany">six years</a>. </p></li>
<li><p>Spouses of German citizens can do so after <a href="http://www.bmi.bund.de/SharedDocs/FAQs/EN/Themen/Migration/Staatsang/Erwerb_der_deutschen_Staatsbuergerschaft_durch_Eingbuergerung_en.html;jsessionid=A6D9FD8D45380B65E4C73B5F8D05D53E.1_cid364?nn=3317066#doc159094bodyText4">three years</a>.</p></li>
</ul>
<p>German authorities also have the discretion to grant citizenship to a person who has lived in Germany for <a href="http://www.bmi.bund.de/SharedDocs/FAQs/EN/Themen/Migration/Staatsang/Erwerb_der_deutschen_Staatsbuergerschaft_durch_Eingbuergerung_en.html?nn=3317066#doc159094bodyText2">less than eight years</a> but who doesn’t fall into any of these categories.</p>
<h2>Requirements in Canada</h2>
<p>In Canada, migrants applying for citizenship must have been present in Canada as a permanent resident for <a href="http://www.cic.gc.ca/english/citizenship/become-eligibility.asp">1,460 days</a> – or four years – in the six years leading up to their citizenship application. But this is expected to <a href="https://www.cicnews.com/2017/06/bill-c6-passed-giving-immigrants-smoother-pathway-canadian-citizenship-069248.html">change in coming months</a>. </p>
<p>Canada recently <a href="http://www.parl.ca/DocumentViewer/en/42-1/bill/C-6/third-reading">passed a law</a> reducing the permanent residency requirements for prospective citizens. When the law comes into effect, people will need to have been present in Canada as a permanent resident for 1,095 days – or three years – in the five years before their application.</p>
<p>Canada’s requirements are similar to the proposed Australian requirements in that a migrant must be a permanent resident for several years before they can apply for citizenship. But it is often possible to apply for permanent residence from outside Canada, or after relatively short residency periods. </p>
<p>For example, experienced <a href="http://www.canadavisa.com/canadian-skilled-worker-immigration.html">skilled foreign workers</a>, <a href="http://www.canadavisa.com/canadian-family-sponsorship-visa.html">family members</a> of Canadian citizens or permanent residents, and <a href="http://www.cic.gc.ca/english/refugees/inside/apply-after.asp">refugees</a> can all apply for immediate permanent residence. Temporary foreign workers can apply for permanent residence after gaining <a href="http://www.canadavisa.com/canadian-experience-class.html">one year of work experience</a> in Canada.</p>
<h2>Requirements in the UK</h2>
<p>Prospective UK citizens must generally have lived in the UK for at least <a href="https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply">five years</a>, and been a permanent resident for at least one year leading up to their application.</p>
<p>It usually takes <a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/606963/Calculating-continuous-leave-v15.0.pdf">five years</a> for a migrant to become eligible for permanent residency. This means it’s generally necessary for an applicant to live in the UK for <a href="http://www.1st4immigration.com/british-citizenship.php">six years</a> before they can apply for citizenship.</p>
<p>Some migrants can gain permanent residency in <a href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/606333/SET_O_-guidance-notes-04-17.pdf">less than five years</a>. For example, some <a href="https://www.immigrationdirect.co.uk/ilr.jsp">entrepreneurs and investors</a> become eligible after two-to-three years. People who take advantage of these shorter routes to permanent residency can apply for citizenship after five years.</p>
<p>The road to citizenship is much shorter for spouses of UK citizens, who can apply after living in the UK for <a href="https://www.gov.uk/becoming-a-british-citizen/if-your-spouse-is-a-british-citizen">three years</a>, provided they have acquired permanent residency at <a href="http://www.1st4immigration.com/british-citizenship.php">any point</a> during this time. Permanent residency timeframes are also relaxed: spouses of UK citizens or permanent residents need only have lived in the UK for <a href="https://www.immigrationdirect.co.uk/ukba-forms/form-setm.jsp">two years</a>.</p>
<h2>How would Australia compare?</h2>
<p>So, the proposed Australian timeframe of four years’ permanent residency before citizenship is:</p>
<ul>
<li><p>longer than Germany’s requirements, which do not specify a minimum permanent residency period;</p></li>
<li><p>the same as Canada’s current requirement of four years, but longer than Canada’s incoming requirement of three years; and</p></li>
<li><p>longer than the UK’s requirement of one year.</p></li>
</ul>
<p>In terms of the <em>total</em> time it would take before being eligible to apply for citizenship in Australia (ranging from four years to up to seven-and-a-half years for refugees who arrive by boat), the proposed changes would be:</p>
<ul>
<li><p>similar to the German period of three to eight years;</p></li>
<li><p>generally longer than both the current Canadian period of four to five years and the new period of three to four years; and</p></li>
<li><p>similar to the UK period of three to six years.</p></li>
</ul>
<p>Whether or not a prospective citizen would face a longer wait in Australia compared to Germany, Canada or the UK comes down to their individual circumstances.</p>
<p>For example, some skilled migrants who can gain Australian permanent residency immediately and citizenship in four years may face longer waits in Germany and the UK. But that’s untrue for other individuals and groups, such as refugees, who would face a longer wait in Australia.</p><img src="https://counter.theconversation.com/content/80470/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Sangeetha Pillai does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Whether or not a prospective citizen would face a longer wait in Australia compared to Germany, Canada or the UK comes down to their individual circumstances.Sangeetha Pillai, Senior Research Associate, Andrew & Renata Kaldor Centre for International Refugee Law, UNSW Law School, UNSW SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/709052017-01-10T00:01:04Z2017-01-10T00:01:04ZA ‘tougher’ citizenship test should not be used to further divide and exclude<figure><img src="https://images.theconversation.com/files/152064/original/image-20170109-4307-e9cpkv.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Peter Dutton says he would like to see criteria tightened to deny citizenship to those who have not integrated into Australia.</span> <span class="attribution"><span class="source">AAP/Lukas Coch</span></span></figcaption></figure><p>Immigration Minister Peter Dutton <a href="http://www.news.com.au/lifestyle/real-life/news-life/peter-dutton-calls-for-tougher-citizenship-test-in-australia/news-story/45b026d1ccd711c7dc7833085ab40e2b">recently raised</a> the prospect of changing the law around acquiring Australian citizenship.</p>
<p>He acknowledged the vast majority of migrants are well-integrated, and should be fast-tracked for citizenship. However, Dutton would like to see criteria tightened to deny citizenship to those who have not integrated into Australia. While details are unclear, he <a href="http://www.minister.border.gov.au/peterdutton/2017/Pages/interview-2gb-4bc-02012017.aspx">referred to</a> people involved in serious crime, those who are welfare-dependent, or who have links with extremism. </p>
<p>Dutton was also concerned about people who don’t undertake English lessons or prevent their children from being educated. </p>
<h2>What’s the point of citizenship?</h2>
<p>Permanent residents in Australia enjoy almost the full range of civil and political rights as citizens. They have access to the welfare system (after initial waiting periods), Medicare, and education.</p>
<p>Citizens alone are able to vote and have a greater security of residence. They are subject to removal only if they have <a href="http://www.austlii.edu.au/au/legis/cth/consol_act/aca2007254/s35.html">fought for</a> the armed forces of an enemy country or, since 2014, if they are <a href="http://www.austlii.edu.au/au/legis/cth/consol_act/aca2007254/s35aa.html">involved in</a> activity defined to be linked with terrorism.</p>
<p>Citizenship is important for people to feel fully connected and committed to Australia. For some – in particular refugees – the increased security of residence is of extremely high importance, given they are unable to return to their countries of origin for fear of persecution. </p>
<p>For those who came to Australia by boat, citizenship is the only pathway to sponsoring family members to join them.</p>
<h2>The pathway to citizenship</h2>
<p>Citizenship is the final step in a process of becoming a full member of the Australian community. There are many checks along the way.</p>
<p>When Australia admits permanent residents, the expectation is that they will stay permanently and take up citizenship at some point in the future. When permanent residents become citizens it is a marker of their successful integration. </p>
<p>Knowing that permanent residents are likely to be future citizens, Australia makes difficult policy choices around the balance of skilled, family reunion and humanitarian migration. </p>
<p>The government sets a target for the maximum number of new residents each year, and visa-holders are subject to rigorous checks to ensure they meet the criteria for those visas. These checks <a href="https://www.border.gov.au/about/corporate/information/fact-sheets/79character">include</a> detailed security and character assessments.</p>
<p>By the time a permanent resident is in a position to apply for citizenship, they must have lived in Australia for four years and have remained of good character during that time. If they do not remain of good character, their visa may be cancelled and they can be removed to their country of origin. </p>
<p>The immigration minister regularly exercises this power – even, controversially, in relation to long-term permanent residents with children in Australia. </p>
<p>Also, as part of eligibility for citizenship, a person must be of <a href="http://www.border.gov.au/Citizenship/Documents/acis-june-2016.pdf">“good character”</a> and must provide national police checks. The Department of Immigration can also request Interpol and overseas police checks.</p>
<h2>Are citizenship tests the best way?</h2>
<p>In 2007, the Howard government <a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressrel%2FM98H6%22">introduced</a> a citizenship test to help determine whether applicants satisfied <a href="http://www.austlii.edu.au/au/legis/cth/consol_act/aca2007254/s21.html">two further requirements</a> for citizenship. They must have:</p>
<ul>
<li><p>a “basic knowledge” of English; and </p></li>
<li><p>“an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship”. </p></li>
</ul>
<p>Citizenship tests are not well-suited to testing an applicant’s “values”. They are also a crude measure of an applicant’s level of English.</p>
<p>Australia’s test <a href="http://www.abc.net.au/am/content/2008/s2426953.htm">no longer</a> contains questions about cricketer Don Bradman, after it was reviewed in 2008. It now focuses on knowledge of the institutions of government, and of basic constitutional values such as free speech. </p>
<p>Being able to rote learn these values is not an indication that a person lives by them. And the language of values and rights is complicated, and not a useful test of basic English literacy skills.</p>
<h2>Can we test for ‘integration’?</h2>
<p>Questions remain as to whether it is possible to test for successful integration into Australia.</p>
<p>A recent <a href="http://www.pc.gov.au/inquiries/completed/migrant-intake/report/migrant-intake-report.pdf">Productivity Commission report</a> framed integration as both economic integration and social inclusion. It is not just the skills and efforts of individual migrants that are key to promoting integration, but the societal attitudes, and government policies and programs that support settlement and removing barriers to integration.</p>
<p>The most important benefit of citizenship for migrants is the sense of inclusion and acceptance into their adopted community. Requirements for citizenship should therefore promote inclusion, not exclusion. </p>
<p>Discussions that focus on exclusion have the potential to alienate sectors of the community. They are a hindrance to people obtaining a sense of connection in Australia.</p>
<p>As Dutton observed, there are good reasons to encourage permanent residents to take up citizenship: for one, it enhances their integration in the community. </p>
<p>To the extent that poor English and poor understanding of Australian values is a barrier to this integration, the government needs to increase its efforts to educate prospective citizens – not look for ways to exclude them.</p><img src="https://counter.theconversation.com/content/70905/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Alex Reilly has received research fundng from Horticulture Innovaion Austalia and the Fair Work Ombudsman. He is on the Management Committee of the Refugee Advocacy Service of South Australia which offers pro bono migration assistance to asylum seekers in South Australia. </span></em></p><p class="fine-print"><em><span>Mary Anne Kenny has received funding from the Australian Research Council. She receives sitting fees from the Department of Immigration and Border Protection.</span></em></p>The most important benefit of citizenship for migrants is the sense of inclusion and acceptance into their adopted community.Alex Reilly, Deputy Dean and Director of the Public Law and Policy Research Unit, Adelaide Law School, University of AdelaideMary Anne Kenny, Associate Professor, School of Law, Murdoch UniversityLicensed as Creative Commons – attribution, no derivatives.