Temporariness, rights, and citizenship:

1. Canadian Association for Refugee and Forced Migration Studies 2014 Temporariness, rights, and citizenship: Striking similarities despite distinct rationales for admission AMRITA HARI Assistant Professor Pauline Jewett Institute of Women’s and Gender Studies Carleton University Ottawa, ON (amrita.hari@carleton.ca) Panel 5: Refugee Protection: Historical, Theoretical and Regional Perspectives Thursday 8th May 10.30 – 12.00PM Salle – A3464

2. A note of thanks CARFMS 2013: Preliminary insights and establishing a research agenda to view Canada’s diverse temporary migrant groups, including refugee claimants as potentially theoretically and experientially linked. Amrita Hari, Susan McGrath and Valerie Preston, “Temporariness in Canada: Establishing a Research Agenda,” CERIS Working Paper Series 99 (2013) CARFMS 2014: The recent legislative changes illustrate striking similarities in the state’s approach to two specific categories of non-citizens: low-skilled temporary foreign workers and refugee claimants. Amrita Hari, “Temporariness, Rights and Citizenship: The Latest Chapter in Canada’s Exclusionary Migration and Refugee History,” Refuge (2014) I would also like to thank two anonymous reviewers who provided constructive criticism in developing the manuscript and this presentation.

3. Setting the stage Temporariness: limited rights based on temporality and conditionality The complexity of temporariness: liminal legality, precarious status, permanent temporariness, etc. Temporary-permanent divide: Canadian state offers privileged forms of temporariness and inclusive membership to those categorized as highly skilled whilst reserving restrictive and restriction forms of temporariness for those categorized as “low skilled.” (Rajkumaret al. 2012) Scholarly discussion on temporary foreign workers and refugee claimants often places them in analytical and political silos.

4. the Argument Low-skilled temporary foreign workers and refugee claimants, though seemingly distinct groups, based on the rationale for admission to Canada, occupy a low rung in the hierarchy of rights and entitlements to citizenship in Canada, inevitably affecting their social and economic outcomes in the host society. Changes to the system of admission Access to social assistance Access to necessary and appropriate health care Access to permanent residence and in turn opportunities for family reunification

5. 1. The System of Admission • The system of admission for both groups has become more onerous on the migrants, lengthy, complicated, more expensive (TFWs), and there is an increased the potential for rejection and deportation. • Refugee Claimants: • Shorter timelines for refugee hearings (30-45 days for DCO an DFN as opposed to 60 days for all other claimants) despite increased standard and burden of proof. • If DCO or DFN claim is unsuccessful, they cannot appeal to the Refugee Appeal Division. • Lower-skilled temporary foreign workers: • Changes to the Labour Market Opinion (LMO) process ($275 user fee) • LMO process is more onerous for employers wanting to hire for low-skilled positions (longer period of advertising in more venues specifically in underemployed communities , and post-specific wages)

6. 2. access social assistance • Refugee claimants may apply for work permits through CIC but will not necessary get one. DCO claimants cannot apply until their refugee claims are accepted or 180 days have passed since their claims were referred to the IRB. • Those who are unable to support themselves are entitled to social assistance but low-skilled TFWs are categorically unable to access social assistance. • ESDC has no regulatory authority to monitor employer compliance of contract for low-skilled temporary foreign workers. • Provincial employment standards do not transfer well to low-skilled migrant workers • Low-skilled TFW unlikely to file a complaint: • Threat of deportation or repatriation and also increased practice of “country surfing” by employers.

7. 3. Access to necessary and appropriate healthcare • Recent immigration reform limits access of both groups of non-citizens to necessary and appropriate healthcare. • Low-skilled temporary foreign workers: • In occupations with elevated workplace health and safety risks (particular examples from the Seasonal Agricultural Worker Program) • Not eligible for publicly funded healthcare until 3 months following their arrival and there are potential barriers to purchasing private insurance. • Refugee claimants: • Order Respecting the Interim Federal Health Program 2012 • Common to both groups: • linguistic and cultural differences making persons unwilling to seek treatment • Medical professionals may not be trained to recognize their specific social context and needs.

8. 4. Pathways to permanent residence and opportunities for family reunification • There is a growing group of temporary residents being granted permanent status (primarily high-skilled TFWs); however, this right is effectively denied to low-skilled TFWs and given recent changes, DCO and DFN claimants are at a greater disadvantage, restricting opportunities for family reunification. • Lower-skilled temporary foreign workers: • double-standard based on skill level on accompanying family members • The majority are not eligible for permanent residence (except LCP) • Refugee Claimants: DFN are barred from applying for permanent residence for 5 years and ban on travelling outside Canada prolongs family separation.

9. Concluding remarks • There are some advantages and/or disadvantages for one group that the other does not have access to. • There are no blanket solutions since the specific needs differ • BUT • Common to both is a need for increased access to social assistance, necessary and appropriate healthcare, and more consideration for pathways to permanent residence (especially in the case of the unjust paradox for low-skilled TFWs)