Pinoy TFWs leaving Canada
Pinoy TFWs leaving Canada
Unable to find work, to avoid deportation under ‘4 and 4’ rule
By Veronica C. Silva
TORONTO –Some Filipino temporary foreign workers (TFWs) had left Canada even before the April 1 deadline, according to Migrante Canada.
Contrary to public perception that departing TFWs would fill the airports on April 1, anecdotal reports reaching Migrante Canada indicate that some Filipino workers have already started going home as early as three months ago. This is because they can’t find any more employers who would offer them jobs to be able to get a government work permit.

Marco Luciano, Migrante Canada Secretary General. (Photo- screen grab from Elena Sebastian’s FB account)
These TFWs had to go home after working four years in Canada under the Canadian government’s four-year rule set in 2011. TFWs can come back to work in Canada only after four years. Thus, this rule has earned the nickname “4 and 4.”
Migrante Canada estimates that in Alberta alone, there are 16,000 TFWs, with at least 80 per cent of them Filipinos.
Migrante Canada secretary-general Marco Luciano told The Philippine Reporter that some Pinoys were also forced to go home because of the lack of response to their applications for permanent residency (PR).
Under the federal rule, TFWs can be exempted from the “4 and 4” rule if they have applied for PR and received any of the following:
a Certificat de sélection du Québec (CSQ) if applying as a Quebec Skilled Worker;
a Provincial Nominee Program (PNP) certificate if applying as a provincial nominee;
an approval in principle letter if applying under the Live-in Caregiver Class;
a positive selection decision if applying under the Federal Skilled Worker Class; or
a positive selection decision if applying under the Canadian Experience Class.
(Source: http://www.cic.gc.ca/english/department/media/backgrounders/2011/2011-03-24.asp)

Migrante Canada joins migrant workers groups in a protest rally in front of
Citizenship and Immigration Canada office in Toronto on March 29, 2015.
2 PHOTO: Veronica C. Silva
Unfortunately, Luciano pointed out that because of the government’s backlog in processing PR applications, some Pinoys opted to go home when they couldn’t find an employer to help them get a work permit and wait out the results of their PR applications.
“With the huge backlog (in processing PR applications), di na umabot ang response sa application (ng ating mga kababayan) at wala ng tumutugon sa work permit (application),” said Luciano.
“This huge backlog is very, very easy to fix by accelerating the application process,” he added. “This can be done by hiring temporary staff … (as) they (government) have said they have staffing issues. This is not a problem that can’t be fixed.”
Luciano added that moving back to the Philippines can be difficult for some TFWs because some of them have already established their lives and families in Canada.
Undocumented workers
Furthermore, migrant groups have noted that some TFWs – not just Filipinos — will go home to join the ranks of the unemployed as there are hardly employment opportunities back home.
This fear of being unemployed has led migrant groups to warn that some TFWs might opt to stay undocumented in Canada. Currently, Toronto and Hamilton are sanctuary cities, but there are sanctuary city movements in other cities.
Canada has warned last April 1 that it would not tolerate undocumented workers.
In a joint statement, Immigration Minister Chris Alexander and Employment Minister Pierre Poilievre said: “Let there be no mistake: We will not tolerate people going ‘underground.’ Flouting our immigration laws is not an option, and we will deal with offenders swiftly and fairly.”
“The TFW program is flawed because it puts the workers in a vulnerable position by tying them to an employer or having limited status,” said Luciano. Yet, he noted that the jobs requiring temporary workers are permanent jobs that are important to the Canadian economy.
This is why Migrante Canada joins other migrants and workers groups to call for PR status for foreign workers upon arrival.
Philippine government
Migrante Canada has also been asking for a dialogue with the consular offices in Canada to get clarification on the Philippine government’s response.
Migrante Canada representatives in Toronto organized a rally at the Consulate last March 20 to raise the “4 and 4” issue, along with other issues such as the increase in passport fees.
Maru Maesa, chair, iWWorkers, a member organization of Migrante Canada, said: “Malaki ang implication nito (“4 and 4”) sa mga kababayan natin. Una, marami sa kanila ang mapapauwi effective April 1. At doon naman sa atin (sa Pilipinas), may mabibigay ba na trabaho ang ating gobyerno? Kaya kami nasa Consulado para itanong sa kanila … paano ito matutulungan ng ating Consulado ang mga kababayan natin na mawawalan ng trabaho? (This [“4 and 4 rule”] has major implications to our compatriots because many of them will be forced to go home effective April 1. And once they get home to the Philippines, what jobs can our government offer them? That’s why we’re here at the Consulate. We want to ask the Philippine government what assistance they can offer our TFWs.)”
In a statement, the Philippine Consulate General said: “Any kababayan who approaches this Consulate General for assistance, we are willing and ready to extend help to them within the legal bounds of our mandate.”
Federal elections
Last March 29, Migrante Canada representatives also joined other migrant workers groups in a protest action in front of the Citizenship and Immigration Canada office in Toronto.
Syed Hussan of the Migrant Workers Alliance for Change (MWAC), an organization of migrants and workers groups, including some Filipino groups, said they will continue their campaign for landed PR status to foreign workers well into the federal elections schedule later this year.
“People should continue to sign the petition, call their Members of Parliament, take action. We need to move forward and ensure that migrant workers who choose to stay here have immigration status,” he said.
Migrants groups have found an ally in the official opposition.
New Democratic Party leader Thomas Mulcair said Canada should open up its doors to TFWs in areas that are traditionally reserved for them — where Canada is having problems finding Canadians to do the work. An example he cited is home care work.
“We’re extremely concerned with the mishandling of the TFW file by the Conservatives,” said Mulcair. “As a general rule, if you’ve been working in Canada for a number of years, you’re good enough to stay here and work year after year, you’re good enough to be put on a track to citizenship, and we think that should be the general approach that we should get back to.”
“Open the door, make it possible to get on the citizenship track as a general rule and be more understanding with the TFW program for the parts that it’s necessary to have,” he added.
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