TFWs have faced a number of significant challenges throughout the COVID-19 pandemic, and there is still much uncertainty regarding their status and the implications of the delays in the processing of their work permits.
First, according to the IRCC website, for open work permits for vulnerable workers: "Officers are instructed to process work permit applications on an urgent basis (5 business days from the time the application is received at the local IRCC office responsible for processing the application)." At the same time, the website also states: "However, processing times may be affected by fluctuating volumes of applications received at IRCC”. In reality, I have been informed by numerous advocates that within the past months the response time from IRCC has been on average one month for many who have applied. I am deeply concerned that this is far from the 5 business days as stated on the website. Given the precarious situation of these workers, it would be essential that their cases are processed expeditiously. I am therefore asking that you do everything you can to ensure the applications are indeed processed on an urgent basis - within 5 business days.
Hill Times: ‘Structural solutions not inflammatory conclusions’ required to fix foreign worker program: Senator Omidvar
NDP MP Jenny Kwan (Vancouver East, B.C.), her party’s immigration critic, said the UN report should come as no surprise to the government, as it echoes “what migrant workers and labour advocates have been saying for a very long time.”
NDP MP Jenny Kwan says the power imbalance that leads to abuse is structural to the temporary foreign worker program, not just its low-wage stream. The Hill Times photograph by Andrew Meade
“The way the program is set up exposes workers to exploitation and abuse because they’re reliant on their employer to retain their status in Canada,” Kwan explained. “If they face abuse and exploitation and complain about it, they stand to lose their job, and—in the worst-case scenario—they stand to be deported back to their country of origin.”
Kwan said the government has taken a “haphazard approach” to addressing problems with the TFWP to date, focused almost solely on the low-wage stream, but—while misuse of that stream is “particularly deplorable”—she said the root of the problem is structural to the entire program.
“The government has to address the main structural issue, and that is the power imbalance that exists between the temporary foreign worker and the employer,” Kwan said. “The only way to do that is to ensure that the temporary foreign workers actually have landed status on arrival, then they are not dependent on the employer, and would not have to suffer potential abuses and exploitation.”
“It doesn’t matter what stream it is, all the temporary foreign workers programs subject migrant workers to potential exploitation because of that power imbalance,” Kwan said, adding, though, that the NDP supports calls to end the program’s low-wage stream.
While the government and groups like the Canadian Chamber of Commerce may reject the UN rapporteur’s characterization of the program, the recent Senate report found similar abuses within the program.
