Blogs

UNDOCUMENTED IMMIGRANTS

Immigration law

05 Jan

Globally, there are thought to be between 30 and 40 million unauthorized workers. Undocumented migration has become a highly relevant issue on a global scale, but research on it has been remarkably lacking in Canada, particularly when it comes to its effects on health.

Undocumented workers are like the superheroes of the labor market, only instead of capes, they’re armed with work boots and a knack for navigating visa rules. They include everyone from the folks who enter Canada legally but then decide the “return by” date is more of a suggestion, to those who take “DIY travel” to the next level by smuggling themselves across the border.

Essentially, they’re the pros at making the most of their stay—whether they’re taking advantage of a loophole or inventing new ones on the fly.

Alright, folks, listen up! According to the Human Rights Code, everyone – yes, even your quirky neighbor who claims to be from Mars, deserves a workplace where they won't get side-eyed or treated like a UFO sighting.

So, whether you're Earthling, Martian, or somewhere in between, discrimination and harassment are a no-go zone. Equal opportunity for all, even if you commute via flying saucer.

Therefore, regardless of their status in a country, both regular and irregular migrants have human rights, including the right to freedom from slavery and servitude, freedom from arbitrary detention, freedom from exploitation and forced labour, the right to freedom of assembly and the right to education for their children.

Children under 18 years of age without status in Canada do not need a study permit from Citizenship and Immigration Canada to go to school.

Being non-status has a widespread and detrimental impact on mental health through a variety of mechanisms. People without status constantly worry about being deported, which exacerbates their social isolation and distress.

According to studies, getting enough social support is like having a mental health superhero squad for undocumented immigrants. Think of it as having a team of emotional Avengers: they're there to boost your spirits, lend a listening ear, and help you navigate the tricky parts of life.

It turns out that feeling connected and supported can be the ultimate shield against stress and mental health struggles. So, in the grand battle for well-being, social support is the secret weapon that can turn the tide.

The bulk of currently undocumented migrants entered Canada through approved legal channels, such as sponsored immigrants, refugees, or as people with valid work, student, or visitor visas.

This is in contrast to the U.S., where undocumented migration is linked to illegal border crossings. In certain instances, immigrants might potentially pay substantial amounts of money to enter Canada illegally.

Picture this: Canada needs workers, right? But the system's like a picky eater at a buffet. It's looking for a certain flavor of skills, but the immigrants showing up are like, "Hey, I'm here with my degree in underwater basket weaving."

 Meanwhile, Canada's all like, "Uh, we were kind of hoping for more software developers and nurses." So, what happens? You end up with this mismatch. Canada's waving its hands saying, "Come on in, eh!" to some, but others are left out in the cold, hoping their unique skills will become the next big thing.

And that's how you end up with the classic tale of the immigrant who becomes a "non-status" resident.

Despite the fact that the majority of undocumented workers contribute positively to the development of the Canadian economy and society, their non-status status makes it difficult for them and their families to access social services, health care, education, and legal rights.

All of which are essential for promoting and protecting their health, kind of like the cherry on top of a well-rounded sundae. For Canada, this is especially crucial. As a wealthy nation with a knack for relying on undocumented workers to keep essential sectors humming smoothly, and with universal health care to boot, it's like having a high-quality safety net. It's a win-win: we get the vital services we need, and everyone gets a fair shot at staying healthy, all while making sure those who help keep the economy running smoothly aren't left out in the cold.

Lacking status and thus missing out on formal entitlement to public health insurance is like showing up to a buffet without a golden ticket. It’s a major hurdle for non-status folks seeking healthcare.

Not only do they face the financial gut-punch of paying out of pocket for medical bills, but they also play a risky game of healthcare roulette, dodging appointments and delaying care because of those endless wait lists. It's like being stuck in a slow-motion game of tag with the healthcare system, where nobody wins except maybe the guy selling aspirin on the street corner.

Being non-status has always had gendered repercussions. It has been observed that non-status women are particularly susceptible to danger, exploitation, low-income and unstable living conditions, unemployment, abuse, and high-risk or complicated pregnancy situations.

Women's lack of status makes it more difficult for them to get information, seek social services, counseling, or medical attention, which increases their reliance on risky, illegal jobs or unofficial networks for housing.

In addition to greater risk of sexual exploitation leading to serious sexual and reproductive health issues (STIs, unsafe abortions, etc.), women who have been trafficked may also experience particular physiological (such as sexual assault, torture) and mental health (such as PTSD, suicide, anxiety) concerns.

Generally, non-status women face a trifecta of challenges that would make anyone’s head spin: language barriers, social isolation, and a hefty dose of fear. It’s like trying to navigate a maze with a blindfold on, while also juggling flaming torches.

They often grapple with a lack of control over partner abuse, which can make their lives feel like an ongoing horror movie—and their children’s well-being can be caught in the crossfire. It’s a tough situation where finding support and safety can feel like searching for a needle in a haystack, and every bit of help can make a world of difference.

Children of non-status parents, particularly those born in Canada are also profoundly impacted. For instance, Canadian-born children are legally entitled to receive OHIP coverage. Furthermore, OHIP is only granted to Canadian-born children for a one year period, at which time it must be renewed.

Navigating the bureaucratic maze to get benefits for their kids is like trying to win at a carnival game where the hoops keep changing size and the prize is always just out of reach. Non-status parents have to tiptoe around like they're in a spy movie, dodging government agents and filling out forms that seem to be written in a secret code only decipherable by ancient monks.

It's a comedy of errors where the punchline is never quite clear, and the laughter is nervous and slightly hysterical, like when you realize you've been playing peekaboo with paperwork for months.

Immigrating to Canada can be a bit like playing musical chairs with a moose—there's a seat somewhere but finding it might involve a few unexpected twists and turns.

The population of undocumented migrants in Canada has been rapidly rising, yet there is considerable variation in their estimated figures and composition. Not only does this pose a significant challenge for exploring the needs of this population, but this also augments their invisibility and unrecognized contribution to Canada.

Their non-status situation leaves them and their families with little to no access to health care, education, social services, and legal rights that are basic to promote and protect one’s health.

In conclusion, In Canada, understanding the health of undocumented migrants is like trying to find a polar bear in downtown Toronto—rarely studied and hardly supported. It's as if we're navigating uncharted territory without a GPS. Hopefully, this report can be the 'Eh?' in the right direction for tackling these sneaky complexities."