Temporary Resident Permits for Victims of Trafficking and Vulnerable Workers in Canada
Explore the criteria, best practices, and challenges of Temporary Resident Permits (TRPs) for victims of trafficking in persons, vulnerable workers, and victims of family violence in Canada. Learn about the objectives and specific criteria for each category of TRP, such as providing migrant workers experiencing abuse with a means to leave their employer and assisting victims of family violence seeking permanent residence.
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Presentation Transcript
Temporary Resident Permits VICTIMS OF TRAFFICKING IN PERSONS TRP FOR VULNERABLE WORKERS GBV TRP
Anti-Human Trafficking Committee Caucus What are TRPs Criteria Best practices and challenges
Temporary Resident Permit Generally: Possible for anyone who otherwise would not be eligible to enter/remain in Canada due to inadmissibilities ie. Overstays BUT: Must have a compelling reason to remain in Canada ie. Made/making an H & C application, witness in a criminal prosecution case The specific TRPs have certain criteria attached to each
Victims of Trafficking in Persons (VTIP) 1(1) A short-term temporary resident permit lasting up to 180 days, in cases where the officer is only able to make a preliminary assessment that the individual may be a victim of trafficking in persons. The criteria used in the preliminary assessment to verify whether the individual may be a victim of trafficking in persons include indications that: The recruitment of the individual was fraudulent or coerced, and for the purposes (actual or intended) of exploitation; The individual was coerced into employment or other activity; The conditions of employment or any other activity were exploitive; or The individual s freedom was restricted.
Vulnerable Workers TRP Objectives of this provision to provide migrant workers who are experiencing abuse, or who are at risk of abuse, with a distinct means to leave their employer This is done by opening the possibility of obtaining a work authorization for other employers. to mitigate the risk of migrant workers in Canada who are leaving their job and working irregularly (that is, without authorization) as a result of abusive situations to facilitate the participation of migrant workers who are experiencing abuse, or who are at risk of abuse, in any relevant inspection of their former employer, recruiter or both to help migrant workers in assisting authorities, if required (noting that this is not required for the issuance of the open work permit), by reducing the perceived risk and fear of work permit revocation and removal from Canada
Temporary Resident Permit for Victims of Family Violence In assessing eligibility for a TRP, the officer considers if the foreign national is physically located in Canada and experiencing abuse, including physical, sexual, psychological or financial abuse or neglect, from their spouse or common-law partner while in Canada seeking permanent residence that is contingent on remaining in a genuine relationship in which there is abuse and if the relationship with the abusive spouse or common-law partner is critical for the continuation of the individual s status in Canada
Challenges & Best Practices What are some of the challenges to obtaining the TRP? What strategies could be employed to overcome those barriers? What are the components of a best strategy used in obtaining the TRP? Any way to consider a systemic best practice?
