Who is targeted?
Temporary Foreign Worker Program (TFWP) workers earning less than $57,000 per year in Montreal. Closed permits that are about to expire will not be renewed. And Quebec will not consider new applications. But be careful, workers in health care, education, construction, food processing and agriculture are exempt.
How many people are affected?
About 3,500 out of 600,000 temporary immigrants.
“It’s really a pilot project that cannot have a significant effect on the island of Montreal,” says Mr.e Krishna Gagné: It seems to be a waste of time that will only harm certain businesses and families that are already established here, because the deadline is very short. We are talking about a few days for the implementation of the program. So, if we are to make exceptions that are so broad, ultimately, there are certain sectors that will be targeted, but there are many people who will be exempt from this measure. There will remain restaurants, tourism and retail businesses.
“It’s really very few people who are targeted by this,” adds M.e Laurence Trempe, co-president of the Association of Immigration Lawyers (AQAADI). “There are many more low-wage workers in the regions than in Montreal.”
Are we going to target positions or employers?
It’s not clear. “For example, we have a housekeeping attendant who works in a hotel. Could this same attendant work in a CHSLD and be exempt because the CHSLD is health-related?” wonders M.e Gagné. We don’t know that. So, there are several positions that could be included depending on the nature of the business.”
Can the measure be circumvented?
Yes. One way for the employer to do this would be to increase the worker’s wages, by reducing their hours, for example. A worker paid $25 an hour, with a 40-hour week, could see their wages increase to $28 an hour, and their hours decrease slightly. The goal would be to make them earn more than $57,000 a year.
The other way is to cross the bridges, because the measure only applies to the island of Montreal and does not affect Laval, the South Shore or the northern crown. “A company that has different subsidiaries could also have an address in Longueuil. An administrative agent could telework in Longueuil, for example,” explains Me Won.
Will foreign students be able to continue working in Montreal?
Yes. The international student’s work permit is not linked to the PTET.
“There are a lot of people who fall through the cracks of this program,” observes Mr.e Won. All PMI workers [Programme de mobilité internationale]all spouses of temporary foreign workers, also, who have an open permit, can work in Montreal without problem. Just like those who have a post-graduation permit.
Will workers be able to go to the regions?
Yes. A public interest policy, in force since 2020, allows temporary foreign workers to change employers, says M.e Won. “Ultimately, a person can have an interim authorization to work for another employer while waiting for the labour market impact assessment (LMIA), the Quebec Acceptance Certificate (CAQ) and the work permit to be issued,” she explains.
That said, it is not simple. “We are moving the problem,” believes M.e Trempe. We have to find a job in the region, housing in the region, a place at school in the region, while everything was already planned for the start of the school year. For the people already here, I think we have to show a little more humanity.
What is the situation elsewhere in Quebec?
Lawyers surveyed by The Press are unanimous: since June, the government has been increasing its intentions to refuse immigration applications.
“We can see that it’s getting a bit more traction at all levels,” says M.e Won. We see a drastic tightening. The number of intentions to refuse has increased enormously since the beginning of the year. Since June, each file has its share of challenges. Sometimes, it’s just a box that wasn’t checked. All the documentation is there, but the file is returned in full.
Me Trempe adds: “We also noticed a lot of intentions to refuse in the Quebec Experience Program (PEQ) outside of quotas. It’s the 12 tasks of Asterix for students.”