In preparation for the upcoming OFW World Conference in December, the Philippine Migrants Right Watch (PMRW) has successfully hosted the second of the four Round Table Discussions (RTDs), Tuesday, July 20, 2004 , at the Blondel Function Room in Mandarin Oriental Hotel in Makati . Titled: The OFW's Migration Process: Detecting Problems and Identifying Solutions,” the second RTD was participated by representatives of the Americas and Oceania Missions and representatives of the various organizations of the PMRW. The participants were:
• Ms. Peta Dunn of the Embassy of Australia ;
• Mr. Charles Godfrey of the Canadian Embassy;
• Mr. David Donahue of the Embassy of the United States of America ;
• Ms. Ellene Sana of the Center for Migrant Advocacy Philippines (CMA-Phils);
• Fr. Savino Bernardi of the Apostleship of the Sea (AOS) and Catholic Bishops' Conference of the
Philippines Episcopal Commission for the Pastoral Care of Migrants and Itinerant People (CBCP-
ECMI);
• Mr. Edmund Ruga of CBCP-ECMI;
• Ms. Carmelita Nuqui of PMRW and the Development Action for Women Network (DAWN);
• Ms. Ma Celeste Marasigan of PMRW;
• Fr. Edwin Corros of the Scalabrini Center for People on the Move (SCPM); and
• Fr. Fabio Baggio of the Scalabrini Migration Center (SMC).
The discussion started at 10 o'clock am .
Ms Nuqui welcomed all the participants and opened the discussion by presenting a background of the Philippine Migrants Rights Watch. Fr. Baggio then facilitated the discussion through some key-questions.
1. In your experience, how rampant are cases of falsified documents in the visa application process? What are your suggestions to curtail this practice?
Australia
Fraud is very prevalent and fraudulent documents are readily available in the Philippines . The quality of fraudulent documents is very high, to the point where it is difficult to tell whether a document is genuine without reference back to the issuing authority. The key to ensuring document security is a thorough and secure registration system. The Embassy therefore only accepts NSO issued relationship documents and refers documents where there are doubts back to the NSO for verification.
Canada
It was stated that it would be auspicable for the Embassy to receive always certified and reliable documents. However, applicants are not judged only through the documents presented, but also in context with what they state in the interviews. It was suggested to increase the controls against forgery. Canada issued a new Immigration Act in 2002, where penalties for misrepresentation of self and giving false documents of applicants will be prohibited for applying again for the next two years.
United States of America
With the current system, there is a broad percentage chance that the child of the petitioner is not his/hers, thus a DNA check to prove family relation is requested. Falsified birth certificates have been submitted to the embassy stating that nephews or nieces are petitioner's children. The Embassy encourages an immediate registration of birth in order to avoid unnecessary trouble in future undertakings. The delay in registration defers embassy processing as well. It was stressed that the development of an effective and reliable system of births registration should be considered one of the priorities in order to improve personal certification. It was also suggested to increase control and penalty for forgery of personal credentials. Falsified supporting papers were not the only concern of the Embassy, but also passports. The Philippine passport seems easy to forge; therefore, it was suggested to invest in the production of quality passports.
2. What are the pre-departure requirements (e.g., language courses, training, pre-departure orientation seminars) for Filipino citizens migrating to your country as immigrants / contract workers? What is your assessment of the pre-departure practices in the Philippines ?
Australia
Commission of Filipinos Overseas (CFO) counseling is invaluable. This program helps the migrants in preparing for culture expectations. This is an essential step in migration because it alerts the migrants of issues that they may face in Australia . The DSWD certificate for the exit of children from the Philippines is crucial and counseling for partners of Australians is also important. There are good pre-departure practices in the Philippines .
Canada
Similar to other countries, Canada recruits workers from foreign countries to address their skilled shortages. However, there must be an offer from an employer in Canada before someone can apply for a working permit. The Canadian government has given a grant to the International Organization for Migration (IOM) to provide counseling services. It is a full day course that is interesting and comprehensive because it deals with the basics of migration to Canada . The Embassy has not responsibility in the organization and realization of such courses.
United States of America
Working visa applicants aiming for a career in the medical profession in the United Sates must first qualify before they leave. They must come from universities with the accredited level of education [for clarification] and pass all the examinations to prove that they posses the skills needed for the job. All working visa applicants have to be sponsored by their future employers. The embassy recognizes the importance of counseling for migrants. They use counseling themselves especially with the large volume of mail order bride programs.
* All Embassy representatives suggested that people visit their websites for visa requirements information:
• http://www.australia.com.ph
• http://www.manila.gc.ca
• http://philippines.usembassy.gov
3. What has been your experience, if any, in dealing with the migration industry (e.g., migration consultants and recruitment agencies) in the Philippines ?
Australia
The Australian Embassy does not deal directly with recruitment agencies. They encourage applicants to self-service and look at information on their website to inform themselves about visa eligibility and process. In relation to medical professionals, hospitals in Australia recruit in the Philippines and sponsor applicants to work in Australia . Applicants generally have direct relationships with the employing hospitals.
Australia has a system of registration for migration agents, to ensure that they operate ethically and appropriately. In order to be registered, migration agents must undertake extensive training and meet a strict code of conduct. Nevertheless, unregistered migration agents do operate outside Australia , and the quality of these agents can be variable.
Canada
They do not recognize recruitment agencies or consultancy agencies. The Human Resources Skills Development (HRSD) is responsible for employment. They determine if there is a shortage of workers.
United States of America
Similar to other embassies, the American Embassy does not recognize recruitment organizations. They prefer that the applications be accomplished personally.
4. What are your main concerns about unauthorized (or irregular) migration from the Philippines to your country? What do you think should be done in the Philippines to curb unauthorized migration?
This was not discussed fully.
Australia
There are issues with irregular movement of peoples across borders in the Philippines that impact on regional security. This is particularly the case in the Southern Philippines . This issue, along with people smuggling and trafficking, are the subject of ongoing dialogue and cooperation between governments.
Canada
The Canadian Embassy no longer has a fiancé category. One can no longer marry for the purpose of entering Canada . They have also experienced tourist visa holders overstaying in their country.
United States of America
The American Embassy do not use up the quota set for working visas because often, people apply for tourist visas and then overstay and work in the United States.
5. What is the feedback from your Home Ministry about the situation of the Filipino communities in your country?
Australia
There are very few problems with Filipino communities in Australia , and Filipino migrants tend to settle well. There are some issues with a small number of domestic workers – however it is not a significant problem, since Australia does not have many provisions for domestic workers to work in Australia . Filipino community groups have played a key role, is assisting migrant settlement. They are very effective at raising issues with the Philippines ' Ambassador and the Australian government. For example, in Victoria they have recently undertaken research into highlight and discuss domestic violence issues for Filipino partners.
Canada
People are basically on their own. Canada is a multicultural country and there are quite a number of support groups. People can maintain their identity with the acceptance of their culture. The Filipino community is well established in Canada . It is suspected that there is also an interaction between these communities with their embassies.
United States of America
These have become private matters once in the United States . Migrants receive all rights as a citizen.
6. What kind of dialogue or arrangements do you have with the Philippine government, if any, to address the concerns of Filipino migrants in your country?
Although there were presentations or filing of complaints to local authorities regarding issues regarding visa applications this matter was not discussed fully.
Additional Information:
1. How long does visa processing take and how many applicants do you receive monthly?
Australia
Australia receives around 150 – 200 family migration applications per month and around 100 skilled migration applications per month. Australia grants around 2,000 – 2,500 family migration visas to Filipinos per year and almost the same number of skilled migrant visas. The Philippines is considered the forth largest source of skilled migrants and second largest source of family migrants in Australia . There are approximately 20,000 Filipino visitors per year. Visa processing times for skilled migrants vary, but can take from 6 to 12 months. Family migration processing, which is done at post, ranges from 3 to 9 months and longer – depending on a range of factors, such as the complexity of the case.
Canada
In 2003, the Canadian Embassy received 12,000 to almost 13,000 visa applicants half of which are applicants for family migration and the other half for skilled migrants. Ninety percent of the live-in caregivers in Canada are Filipino. Live-in caregivers can apply for permanent residence after two years of employment. They also have a very large visitor program divided among visitors, temporary workers and students. There are 22,000 visitor program applicants that year [for clarification]. Visa processing can take 12-15 months for the live-in caregiver program and six months or longer for family migration depending on the complexity of the cases.
United States of America
They receive 31,000 immigrant visa applicants here and 20,000 who are already in the United States . There are 44% non quota visa applicants, 38% family based petitions and 18% working visa applicants. At present there is a low percentage for skilled worker applicants and there is a limited program for temporary workers. Unskilled worker applicants must prove that they will only be staying in the United States temporarily before they can be issued a visa. The embassy received 50,000 Filipino seafarers in the previous year. Seafarers have a 98% issuance rate if they are finished with the training and their papers are all set [for clarification]. The American Embassy uses a priority system for family-sponsored immigration. Visa can be granted to the immediate family of an American citizen from six months to one year [for clarification]. All family member visas have a two year conditional state after which they can apply for removal.
* All three Embassies expressed that victims of domestic violence can petition themselves for permanent residence.
2. View on the Nurse Phenomenon or Caregiver Programs
Australia
There are visa provisions for skilled medical professionals to work temporarily in, or to migrate to, Australia . Hospitals actively recruit staff from countries with skilled medical staff from outside Australia – including the Philippines . Generally nursing recruitment is to fill short term labour shortages, and the industry focus is on addressing longer term shortages through changes in Australian training and employment practices.
Australia recognizes that the loss of medical professionals is an issue for countries such as the Philippines . The Australian government therefore does not encourage the recruitment of medical staff from developing countries, and has recently made strong statements to this effect.
Australia 's skilled migration program does not include provisions for caregivers. Australia 's industrial relations environment and the strong focus on highly skilled and in-demand professions in our skilled migration program, mean that this is unlikely to change in the near future.
Canada
It was explained that caregivers are not maids or servant but those that care for the elderly and children. Before an application is processed there should first be a proof that there is a need for caregivers.
United Sates of America
It was stated that the Philippines loose their best nurses to the United Sates. It was however observed that there is a decline in the quality of education of the nurses as there is now difficulty in passing the English tests.
3. Reciprocity, suggestions and recommendations.
Reciprocity is too broad. It was suggested that there be a transparent citizenship for spouses and children. Citizenship for foreigners who have been here for a long period of time was also recommended.
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