b'IMMIGRATIONIsrael. Time is needed to analyze andfor a larger section of the demographic toGETTING AHEADunderstand impacts.achieve permanent residency, even if theyBetween the changes to immigration have a solid job offer.level setting, PNP requirements, and The Temporary Foreign Worker Programshifting permanent residency condi-continues to be a challenge for manyThis is arguably the case in Quebec, fortions, it can be difficult for employers employers due to higher/unpredictableexample, where French-speaking gradu- to plan ahead and retain their foreign processing times, shorter validity periodsates have a strong advantage. Pathwaysworkers. Israel warns that a failure to for confirmed Labour Market Impactto permanent residency through theprovide clear and consistent channels Assessments (LMIAs)from 12 months toQubec Experience Program (PEQ) haveto permanent residency will eventu-six monthsand the need to start exten- been opened to any qualifying gradu- ally erode Canadas reputation among sions several months in advance to accom- ated foreign student who has masteredforeigntalent. modate recruitment, LMIA processingoral French proficiency at Level 7 or times as well as inland processing times athigher and written French at proficiencyIf theres not a clear path to perma-Immigration, Refugees and CitizenshipLevel 5 or higher. This is an ideal path to Canada (IRCC). permanent residency for French-speakingnent residence, international students, graduates and puts them at an advantageworkers and their families may not Employers need to plan for extensionsover graduates in other provinces whereconsider Canada as a preferred almost a year prior to expiry to accom- the Canadian Experience Class does notchoice, Israel explains. And, from modate the recruitment process andprovide such direct access.an employers standpoint, if there processing times. For some employers,are fewer temporary foreign workers it is an ongoing administrative cycle,However, the advantage is for French- looking to come and stay in Canada, notesIsrael. speaking graduates only. English-speakingthey could face operational disruptions graduates, even those with secure joband challenges in meeting their busi-Overall, says Israel, the combinationoffers, will likely be denied access toness objectives.of policy updates, processing delayspermanent residency within the province and shifting public opinion related toif they have not met French languageThats not to say employers are being immigration creates uncertainty forrequirements. left to sit on the sidelines. As these employers in terms of time needed tochanges take shape, employers can onboard new foreign workers as wellThe big problem in Quebec isensure their concerns are heard by as from a retention perspective to keepretaining English-speaking talent becauseengaging with relevant government active employees engaged during theirthe current system doesnt enable usbodies like the IRCC, which has been time in Canadaparticularly if there isto retain them as permanent residentsactively seeking consultation with the no clear path or timeline to transition toin most cases, explains Julie Lessard,public in recent years. Additionally, permanentresidence. partner, lawyer and head of the Businesssays Israel, employers can help them-KEEPING PACEImmigration Group at BCF Business Law.selves by staying on top of immigration As the Express Entry scores remain highYou can still obtain work permits even ifdevelopments and planning ahead so outside of the sector, and with franco- theyre not French-speaking, but you cantthey are not caught off-guard when phone-specific draws in effect, Provincialqualify for permanent residence in Quebecchanges do materialize. Nominee Programs (PNPs) are once againunder current rules, and theres no other looking at solutions to meet local labouravenue for them. If you dont speakRight now, you really want to be plan-market needs and retain temporary resi- French, then youre in trouble. ning ahead and bracing for the clear dents already in Canada. The ExpressThese language barriers have compelledand unintended impacts of some of Entry system is an online tool used bythese policy changes. You need to have Immigration, Refugees and Citizenshipsome Quebec companies to open officesa constant awareness of your current Canada (IRCC) to manage immigrationin other provinces or set up remote orforeign worker population, be actively applications from skilled workers. Pointsaffiliated offices in Ontario. These aremanaging expiry dates, and doing what are awarded for different criteria, suchworkarounds, adds Lessard, and not anyou can to get ahead of filing, Israel as age, education, skills, language profi- idealsolution.stresses. But on top of that, you want ciency,etc.to make sure the communication is in The challenge of retaining English- place so that when changes to policy or As the government has been tighteningspeaking talent within Quebec may beprograms come down the pipe, youre immigration levels, one tool being usedcompounded by further changes thatgetting ahead of them.involves increasing the threshold pointswill place even more priority on French-score under the Express Entry system. As aspeaking permanent residents. UnlessFor its part, CERC is focusing substan-consequence, many candidates are turning[there is] any change in recent announce- tial attention on its government rela-to PNPs. ments, by November 2025 even work permits will be limited for non-French- tions work to effect positive change in By their nature, PNP programs are alwaysspeaking workers, Lessard explains.immigration policies. It will continue shifting based on labour market condi- They would be limited to a period ofto take an active role in engaging the tions, meaning some employers findthree years under a work permit, and aftergovernment to ensure the needs of themselves recruiting for an industry thatthree years they will not even be able toemployers recruiting international is not the current priority. Moreover, thereextend their work permits if they donttalent are fully considered in future can be jurisdictions that make it harderspeak French. immigrationreforms.Fall 2024PERSPECTIVES19'