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Tamara Mosher-Kuczer, an experienced immigration lawyer, shared insights from her journey and her perspectives on the significant challenges faced by newcomers to Canada. Her career in immigration law, is deeply rooted in her personal background. Tamara’s expertise and dedication have earned her the designation of Certified Specialist in Immigration and Citizenship Law by the Law Society of Ontario. She actively participates in the Canadian Bar Association (CBA) Immigration Section, the Canadian Immigration Lawyers Association (CILA), and the Ottawa Immigration Bar. As the inaugural IRCC Portal Coordinator for the CBA Immigration Section Executive and a former External Relations Coordinator, Tamara frequently shares her insights at conferences.
Inspiration and Early Influences
Tamara's path to becoming an immigration lawyer was influenced by her family's immigration history. Her father’s family immigrated to Canada when her father was 16. This immigration history became a crucial part of her identity. Her exposure to diverse cultures began early, attending boarding school with peers from around the world and participating in an exchange program in Japan. Furthering her global perspective, Tamara taught English in Thailand, volunteered on organic farms in France, and volunteered at the Halifax Refugee Clinic during law school. An internship in Cambodia with Bridges Across Borders also contributed to her understanding of immigration issues.
Tamara's career officially began with articling positions in criminal, family, and labour law. However, she quickly realized these fields were not her calling. An interview with an immigration law firm marked a pivotal moment in her career where she found the challenges of immigration law intriguing. This solidified her decision to pursue immigration law. She spent nine years at the firm before starting her own practice, Lighthouse Immigration Law, in January 2023.
Challenges for Newcomers and International Healthcare Professionals
Tamara highlighted several significant challenges faced by immigrants, particularly international healthcare professionals, in Canada. The high number of points required for permanent residency has become a major hurdle. This change disproportionately affects older professionals, including experienced medical practitioners, who lose points rapidly after age 30 and receive no points after age 45.
Language proficiency is another critical issue. Many immigrants struggle with the language skills needed to score high points in the Express Entry system. Additionally, the process of obtaining a Labour Market Impact Assessment (LMIA) or a qualifying offer of arranged employment required for additional points is costly and time-consuming for employers.
Medical practitioners face unique challenges, including the difficulty of getting licensed in Canada. The lack of a clear and straightforward process often leaves them uncertain about where to start. Moreover, there is a broader issue of insufficient doctors in Canada, which affects everyone, not just immigrants.
Challenges for Hospitals in Employing International Healthcare Professionals
Tamara's experience representing hospitals in obtaining LMIAs for physicians and nurses revealed several common challenges. Often, individual departments in the hospital rather than the hospital manage the LMIA process, leading to a lack of institutional knowledge and coordination. This siloed approach results in each department starting from scratch with every LMIA application.
Complications also arise from the way doctors are paid. Payments often come through professional corporations, which can be individual or group-based, and sometimes include university employment. Submission of the LMIAs by universities when it should be done by hospitals can further complicate the process. Tamara advocates for HR departments in hospitals to take charge of LMIA applications to ensure a more streamlined and efficient approach.
Recommendations for Improving the Immigration Process
To improve and simplify the process for international medical practitioners, Tamara suggests several measures. Ideally, LMIA requirements for physicians and nurses should be removed, creating an LMIA-exempt work permit category for them. This could be achieved by subsuming it under the C10 Significant Benefit category. Alternatively, an LMIA advertising exemption for these roles, acknowledging known labour shortages, would ease the burden on hospitals and clinics.
Clarifying the employment status of clinical medical fellows for immigration purposes is also crucial. Many are currently classified as non-employees and paid stipends rather than salaries, complicating their applications for permanent residency.
Tamara also calls for more frequent healthcare draws in the Express Entry system, both federally and provincially. These draws should be broader and more inclusive, avoiding overly niche selections that fail to address the broader healthcare needs.
Future of Immigration and Integration in Canada
Tamara expressed concerns about the increasing Comprehensive Ranking System (CRS) points, which makes it harder for older individuals and those with moderate language skills to obtain permanent residency. This situation creates uncertainty for long-term residents and their employers, impacting their ability to plan for their futures, purchase homes and otherwise put down roots.
Moreover, she highlighted the growing anti-immigrant sentiment in Canada, which mirrors troubling trends seen in other countries. To combat this, Tamara believes emphasizing the critical role of immigrants in meeting Canada's healthcare needs could help shift the narrative and reinforce the value of immigration to the country's future.
In conclusion, Tamara Mosher-Kuczer's insights underscore the complexities and challenges of immigration law in Canada, particularly for healthcare professionals. Her recommendations aim to simplify processes, address systemic issues, and promote a more welcoming and efficient immigration system.
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