In Canada, victims of human trafficking are both Canadian citizens and foreign nationals alike and can find themselves trafficked for sexual or labour exploitation.
Foreign nationals, permanent residents and migrant workers are especially targets of human trafficking for forced labour in our country. At its core, forced labour involves violations of worker rights, a lack of proper labour standards and mandated worker protections. For instance, unscrupulous labour brokers charge high fees for securing work that can make migrant workers vulnerable to exploitation if they are not able to repay the debt back. Sadly, many migrant workers will choose to endure dangerous and exploitative working conditions in order to repay illegal recruitment fees.
It is important to note that human trafficking for forced labour does not necessarily involve people who enter Canada illegally. Canada’s various visas programs can put migrant workers at risk of exploitation once they arrive in the country; individuals living in Canada with precarious status are also at an elevated risk for labour trafficking. For example, as a result of a trafficking situation, individuals might find themselves with expired documentation which may make them reluctant to report their situation or ask for help. If you’d like to learn more about this, you can read our blogpost on the risks linked to visas.
But there is hope. As part of its plan to combat human trafficking, The Government of Canada has developed the special Temporary Resident Permit for victims of trafficking in persons (VTIP), which may offer foreign nationals who are victims of trafficking some immigration relief and access to assistance.
Special temporary resident permit for victims of human trafficking
The special Temporary Resident Permit (TRP) is issued by Immigration, Refugees and Citizenship Canada (IRCC) and can help protect victims of trafficking by securing their immigration status in Canada for up to 180 days. This visa provides health-care benefits and trauma counselling and can be renewed upon expiration, on a case by case basis. The TRP also enables the survivor to apply for a work permit if they so wish.
The scope of this program is to secure the victim’s immigration status for a determined period of time in order to give the victim the possibility to decide on the next steps while having a legal standing and being free from fear of deportation or legal action being taken against them. During this period, victims may need to build a strategy to leave the influence of traffickers, find safety and they will often need time to recover from physical and/or mental harm and trauma. Victims may or may not assist with the investigation or prosecution of traffickers. As this is not a requirement, it will be up to each individual based on their situation.
How to access the TRP?
This special program is accessible at any local IRCC office, by submitting a completed application or after being referred to it. Non–governmental organizations (NGOs) can refer a victim to the TRP program, in which case one of the NGO workers can continue to accompany the victim in the process. If referred by an NGO, and if CBSA (Canada Border Services Agency) or RCMP have not already been consulted, consultations may occur provided disclosure of information is permitted. If referred to IRCC by CBSA or the Royal Canadian Mounted Police (RCMP), the law enforcement agency may be part of the consultation process. When the survivor is referred by CBSA and is being held in detention, a final decision should be made within 48 hours of contact.
Cases may also be referred by the police. However, the police will not be automatically notified of the victim’s TRP application if they have not been previously involved, and it is not necessary for a victim to report any information to the police as a pre-condition for acceptance. It is important to note that victims who were issued a visa as a result of fraud or misrepresentation are also eligible to apply for a TRP. There are procedures which allow their visa to be cancelled and for it to be properly reinstated.
What happens when someone applies for the TRP?
Reporting abuse or exploitation is not easy for survivors, as they face many barriers, be them psychological or physical. Among them, the impact of trauma experienced from the human trafficking situation often makes victims unable to access the available resources and channels. Because of trauma, testifying against their trafficker is something that victims often find extremely difficult and at times impossible to undertake. That’s why one of most progressive features of this program is that victims of trafficking are not required to testify against their trafficker to gain resident status.
In lieu of their testimony in court, an interview with the victim will likely take place. This interview is at the discretion of the IRCC officer in charge to determine the best approach and screening process. The interview itself is not meant to re-traumatize the victim and much is done to limit stress or anxiety during the process. The officer is expected to treat the victim sensitively and with empathy, not put pressure on the victim to make a statement and create optimalconditions to minimize any apprehension of the interview, if such an interview process is required. This includes being sensitive to any gender issues such as the option for the victim to be assigned an interviewer of the same gender, or giving the option of being accompanied by a third person, either a friend, a family member or a specialized service provider like a case manager, social worker or counselor.
The purpose of this interview is to determine the details of the trafficking situation. To do so, the interviewer will look for certain criteria that 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; the individual’s freedom was restricted.
During the time span of validity of the initial special temporary resident permit, the victim will decide whether they wish to return home or stay in Canada, and if they do so, if they wish to apply for a work permit. Upon expiration, the TRP is renewable. The subsequent TPR after the initial 180-day short-term permit is over may be issued for up to 3 years, depending on the individual circumstances. Medical coverage continues if the foreign national is not otherwise already covered by provincial or private health insurance. Dependents of victims of trafficking in persons who are in Canada without status are also eligible for a VTIP TPR and an open work permit.
What if the application to the TPR is refused?
Foreign nationals who are victims of human trafficking have additional legislative and administrative measures available in order to remain in Canada temporarily or permanently. These include stays of removal, refugee protection claims, applications for permanent residence under the humanitarian and compassionate (H&C) considerations, and pre-removal risk assessments. If the VTIP TPR application is refused, the officer in charge may also consider these other available options.
The Canadian Human Trafficking Hotline
The protection of foreign nationals who may be victims of trafficking is a shared concern of the Government of Canada and the Canadian Human Trafficking Hotline.
The need to legitimize the legal status of a victim or survivor is often only one of the different responses that a human trafficking case may need. The fight against human trafficking is complex and requires a multi-sector and multi-disciplined approach. The temporary resident permit for victims of human trafficking, along with newer instruments like open-work permits are a first step to providing relief and options for foreign nationals who have experienced trafficking while in Canada.
The Canadian Human Trafficking Hotline is a trauma informed service that uses a person-centered approach in identifying the needs of victims and survivors and finding solutions that are tailored to each specific situation. The service is completely confidential, available 24/7, and can be used in an anonymous way. The hotline provides French and English support and tele-interpretation is also available. It can be reached at 1-833-900-1010.
Information on how to apply for this VTIP TPR and where to submit the application can be found here on the IRCC’s website and at the hotline call center.