Non-status/undocumented workers include workers who have legally entered the country but overstayed their permitted visa period as well as those who have illegally entered the country, sometimes having been smuggled across the border. In addition, when those on temporary work permits change employers without official approval it contributes to becoming non-status/undocumented because they are engaging in work outside the terms of their work permit. It is estimated that there may be up to half a million non-status/undocumented workers in Canada. The majority of them live in Toronto, Montreal, or Vancouver.
Non-status/undocumented individuals work in the construction, hospitality, and manufacturing industries, or as domestic workers (e.g. housekeepers, cooks, cleaners, caregivers). Legally prevented from obtaining a work permit or social insurance number (SIN), they work in the underground economy for low wages and under poor and unsafe work conditions, making them extremely vulnerable to dismissal, abuse, and exploitation by their employers.
With no access to workers’ compensation or publicly funded healthcare, many non-status individuals who experience serious workplace injuries compromise their health and safety. They are also required to pay emergency fees at hospitals. What is worse is that non-status/undocumented workers pay provincial sales tax and property tax, and may contribute to insurance funds, health, union dues, and pension plans if using someone else’s SIN, but can never access such services themselves.
A humane solution
What if the government considered granting permanent status to these two categories of essential workers to address the current immigration shortfall?
For example, a modified version of the assessment system for Federal Skilled Trades Class (FSTC), formerly known as the Federal Skilled Trades Program, would enable qualified non-status/undocumented workers in the critical sectors to apply for permanent status in Canada.
The eligibility criteria for the FSTC are required language levels, at least two years of full-time work experience or accumulated part-time experience, demonstrated skills and experience covering the essential work of the occupation, and an existing offer of employment from a Canadian employer, or possession of a skilled trade certificate from Canada. Those without an offer of arranged employment should have the prescribed amount of settlement funds: a single applicant should have $12,960, with each additional family member adding $3,492 to the required amount, up to $34,299 for a family of seven.
The non-status/undocumented workers in specialized trades certainly meet all the eligibility criteria. These workers are already employed in Canada and are adapted to Canadian life. They have the social capital to find employment that is best suited to their skills.
Ironically, COVID-19 has offered Canada the opportunity to live up to its values of human rights, dignity, fairness, and justice, and this is one way that the government could do so.