HighSkill Migration of Trades and Professions: Regulatory Challenges

1
High-Skill Migration of Trades and Professions
Regulatory Challenges ConsiderationsCarolyn
Moore, RN, MScNExecutive DirectorCollege of
Registered Nurses of Nova ScotiaConcurrent
SessionLicensure of Internationally-Trained
Professionals Part IICLEAR 2003 Annual
ConferenceSaturday, September 13, 2003
2
Session Overview

• The emerging context for regulation
• The importance of approach
• Current policy discourse
• Where does this leave regulators?

3
The Emerging Reality

• Globalization emerges as a major set of forces.
• Shaping the context for mandate achievement,
  relationship management and ultimately, major
  issues resolution.

4
The Emerging Reality

• Transforming and integrating economies and
  societies - new norms, new approaches
• Emergence of a mobile global professional -
  requires different regulatory responses
• Early examples
• consulting engineers
• information technology
• specialized trades
• health care

5
The Emerging Reality

• High skill migration (HSM) of trades and
  professions is quickly becoming entrenched as the
  new norm in post-industrial society

6
The Regulators Challenge 1Acknowledgement

• Recognize historical response has limited utility
• Recognize regulators are at fork in the road
• First challenge is making a conceptual change
• From labour mobility
• To high-skill migration
• Shortage or scarcity1 - link between service
  needs/demands and supply options
• 1 (WHO 2002)

7
Shortage or Scarcity?

• Shortage
• find and replace to support status quo
• focus on numbers vs. patterns of sufficiency
• is static - assumes business as usual (i.e.
  required numbers for fixed scope of practice,
  based on provider/user ratios, preoccupied with
  finding balance where balance may not exist)
• disconnected from the broader reforms and
  transformations in economic and social sectors
• Scarcity
• reflects dynamic nature of post-industrial
  society, emphasizing flexibility and mobility of
  supply
• acknowledges social, economic transformation of
  service sectors drives supply options
• shortage or surplus not a starting point, rather
  scarcity may be a constant, reinforcing need for
  flexibility in supply
• Recognizes many forces in mix of labour and
  service delivery

8
BALANCE OR IMBALANCE?

• BALANCE IMBALANCE
• - Lead from shortage paradigm - Lead from
  scarcity paradigm
• - Reinforces/sustain status quo - Dynamic,
  transforming sectors
• - Focus on numbers - Patterns of sufficient
  skill sets
• - Mobility - Permanent (once moved) - Migration -
  Temporary
• - Credential Focus - Education - Credential Focus
  - Competence
• - Substantial equivalence - Substantial
  equivalence
• of education of learning experience
• - Brain drain/gain - Brain circulation
• - Single-issue focus (e.g., health) -
  Linked-issue focus (e.g. trade,
  immigration)

9
The Regulators Challenge 2INFORMED RESPONSE

• Recognize/respond to links between high-skill
  migration and broader regulatory reform
• Understand how regulation is being transformed
• Regulatory partnerships (co-regulation) e.g.
  govt, other regulators
• Linkages and involvement of regulators with
  evolving trade agreements (e.g., NAFTA, GATS).
• Regulatory leadership must find its way in a
  new era where broader public policy interests
  intersect with public protection mandate

10
The Regulators Challenge 3A CONSCIOUS ENABLER
OR BARRIER?

• Approach high-skill migration as an enabler
• Assess evolving trade/immigration/regulatory
  policy directions
• Transform regulatory operations
• Move away from barriers to recognition of HSMs
• Move to assist in the multi-player process of
  managing high-skill migration
• Apply lessons learned from early progress in
  facilitating better domestic cross-border
  migration (e.g., AIT, Washington Accord, Lisbon
  Convention)

11
Alignment with Current Policy Discourse

• New enablers include
• Brain circulation Capitalize on temporary
  migration to access scarce knowledge and skills
• Growth of sophisticated transnational networks
• Regional integration/harmonization, mutual
  recognition agreements
• Internationalization of higher education
• Acknowledging substantial equivalence/similarity
  in competencies
• Existing barriers include
• Continued protectionism by regulators
• Failure to effectively address human rights
  links

12
Expect Changes at Four Levels

• ONE - federal/national/regional governments2
• United Kingdom - Clear shift from limiting
  migration to managing migration
• United States - Proliferation of temporary visa
  categories/relaxation of employer attestation
• Canada - human capital approach
• EU Directives, 2002
• Federal/Provincial/Territorial (FPT) immigration
  policy forum Fall 2003
• 2(Lowell and Martin, 2001)

13
Expect Changes at Four Levels

• TWO - Processes used by high-skilled migrants
• Growth of enabling transnational and regional
  networks, e.g. Silicon Valley Indian
  Professionals Assoc., Global Korean Network,
  Chinese American Engineers Scientists Assoc. of
  S. California, Brain Gain Network (Phillipines)

14
Expect Changes at Four Levels

• THREE - Use of international and local legal
  processes to challenge validity/fairness of
  current regulatory policies
• New South Wales - Committee for the Review of
  Practices for the Employment of Medical
  Practitioners in the NWS Health System3
• B.C., Canada - Successful human rights challenge
  against College of Physicians and Surgeons
• 3(Iredale, 2001)

15
Expect Changes at Four Levels

• FOUR - Role of international trade agreements in
  managing high-skilled migration4
• Final negotiation and implementation of GATS
  related to Mode 4 (Movement of Natural Persons)
• Sensitivities linking GATS and essential public
  services such as health and education
• WTO attention to trades and services and dispute
  resolution processes
• 4 (OECD)

16
The Individual Country Responding Globally to
Migration

• Options and key strategies that are emerging
• 1. Credential learning and experience
• 2. Regulate via a competency-orientation
• 3. Integrate harmonize with workforce
  restructuring
• 4. Manage migration in a multi-player/multi-sector
  way
• 5. Recognize and value the emergence of cultural
  competence
• Bloom Grant, 2001
• Duffy, 2001

17
One Indicator of the Public Mood?
January 2003 Reader Poll (web-based,
respondent-driven)
How can we cut the red tape facing
foreign-trained professionals in Canada? Create
more internships and residency programs 552
votes (22) Screen immigrants better before they
arrive 334 votes (14) Restrict immigration
until we improve our certification process 254
votes (10) Red tape is our only means of
insuring skilled foreigners meet Cdn standards
345 votes (14) Adapt standards to take into
account foreign training 1014 (40) Total
votes 2509
18
Where the Rubber Hits the Road

• Revisit credential assessment processes for
  high-skill migration accommodate temporary and
  permanent HSMs, reduce recognition red tape
• Assess PLAR barriers and possible solutions
• Develop competence assessment tools, resources
• valid, reliable, and defensible
• fair, transparent, and reasonable
• administratively efficient
• Engage multi-sector partners as appropriate

19
Some Closing Thoughts ...

• HSM a global issue linked to broader regulatory
  reform
• Involves striking a balance between the interest
  of the main partners, e.g. regulators, govt,
  trade schools, colleges, universities, employers,
  domestic workforce, high skill migrants, source
  and host countries

20
Important Policy Considerations

• What is your organizations current orientation
  to high skill migration?
• Is there a shared challenge/opportunity?
• Is a broader vision of migration than security
  of supply being considered(e.g.,cultural
  competence)
• Are emerging regulatory expectations for
  high-skill migration consistent with regulatory
  reform?
• Is there recognition that we dont yet have the
  policies, processes or models to properly manage
  high-skill migration