Delphine Nakache

The Implications of Immigration Federalism for Non-citizens’ Rights and Immigration Opportunities: Canada and Australia Compared

This article explores the development of immigration federalism in Australia and Canada (expressed through the establishment of state/provincial/territorial immigrant selection programs) and its implications for immigrants’ rights and immigration opportunities. Given the very limited scholarship on the issue, and the lack of previous comparative studies on immigration federalism in Australia and Canada, our research is exploratory by nature. Our finding is that provincial/state/territorial programs offer some advantages to prospective applicants (such as increased immigration opportunities), but, at the same time, raise a number of concerns (such as an increased dependence on employers). As our study reveals, the costs and benefits of immigration opportunities under state/provincial/territorial programs differ for skilled and low-skilled workers, whereby the latter are given only limited access to permanent residence, and on more onerous conditions than skilled workers. Drawing on these findings, we identify areas in need of further research and policy response.

Immigration Federalism in Canada: Provincial and Territorial Nominee Programs (PTNPs)

This chapter focuses on the devolution of selection of economic immigrants in Canada as occurred through the establishment of Provincial and Territorial Nominee Programs (PTNPs). While for most of the twentieth century there was one set of federally prescribed and administered selection criteria, since the 1990s, provinces/territories were given an opportunity to develop their own selection requirements and nominate for immigration candidates that were considered of the most benefit for their local needs. This has resulted in great diversity of PTNPs with reportedly more than 50 different provincial/territorial streams and categories that vary not only among themselves, but also compared to federal selection programs. Although this diversity is generally welcomed and PTNPs are considered largely effective in attracting and retaining immigrants, questions arise with respect to both policy coherence and implications for migrants. The latter issue is the primary focus of this chapter. We evaluate the advantages/disadvantages of PTNPs for immigrants by concentrating on three questions: (a) do PTNPs expand immigration opportunities and what applicants (skilled or low-skilled workers) are they likely to benefit the most? (b) is the application process accessible and transparent? (c) is there a clear avenue of redress for applicants rejected by provincial authorities? As we show, PTNPs increase opportunities for skilled applicants—who are also primarily targeted through federal streams—to settle permanently in Canada, and they provide some lower-skilled applicants with a unique access to permanent residency. In that sense, it can be said that PTNPs are working to the benefit of applicants of all skill levels. However, PTNPs come with serious limitations (difficulty navigating these programs, an increased dependence on employers, limited appeal options). Thus, the likely impact of PTNPs on non-citizens is mixed. However, given the increasing importance of PTNPs within the Canadian immigration landscape, more research on the concrete costs and benefits of PTNPs for non-citizens is needed.