No 'mass deportation' of TFWs in Canada - Baldoz


Posted at Apr 13 2015 03:28 PM | Updated as of Apr 13 2015 11:28 PM

MANILA, Philippines - Labor Secretary Rosalinda Baldoz said there is no immediate repatriation of Filipino temporary foreign workers (TFWs) in Canada after their four-year stay in the country ends.

"There is no such thing as ‘mass deportation’ contrary to some news reports about it," she said in a statement.

Canada introduced the temporary foreign workers program in April 2011, allowing low-wage foreign workers to stay in the country for as long as four years. The four-year period ended on April 1, 2015, and the TFW will no longer be eligible to work in Canada under a temporary foreign worker permit for an additional four years.

Baldoz said she received a report from the Philippine Overseas Labor Office (POLO) in Toronto, saying that some workers will be exempt from the rule that TFWs will have to leave Canada at the end of their four-year stay.

Labor Attache Leonida Romulo reported that not included in the cumulative four-year limit are any periods of more than one month spent overseas, or an authorized work break, such as parental leave and extended unpaid leave.

"Citizenship and Immigration Canada (CIC) will exempt some workers from the cumulative duration regulation," Baldoz said, quoting from the report.

Also exempted are TFWs in managerial or professional occupations, those who have applied for permanent residence and have received a CSQ (Certificat de selection du Quebec) if applying as a Quebec skilled worker; a Provincial Nominee Program (PNP) certificate, if applying as a provincial nominee; an approval in principle, if applying under the Live-in Caregiver Class; a positive selection decision, if apply under the Federal Skilled Worker Class; or a positive selection decision, if applying under the Canadian Experience Class.

Also exempted are TFWs employed under an international agreement, such as the North American Free Trade Agreement (NAFTA), the Seasonal Agricultural Program, or another agreement.

Also excluded are those who are exempt from the Labor Market Opinion (LMO) process, including spouses and common-law partners of international graduates participating in the Post-Graduation Work Permit Program and highly-skilled TFWs; charity or religious workers; entrepreneurs, intra-company transferees, researchers, and academics; and others for purposes of self-support, such as refugee claimants, or humanitarian reasons (destitute students, and holders of Temporary Resident Permits valid for at least six months.

Baldoz said the reprieve, announced by the Canadian federal government, will allow employers to apply for renewed Labour Market Impact Assessments because affected TFWs are waiting in a queue for their permanent residence applications to be processed. Canada's CIC is providing a one-year bridging work permit to TFWs who are subject to the four-year cumulative duration limit.

Romulo noted that although Canada's Labor Minister Jason Kenney was quick not to call the measures as exemptions, he, however, said these are intended to “assist people who re in most cases going to get their permanent residency anyway” by allowing them “to stay in Canada until that decision is made.”