Title: HighSkill Migration of Trades and Professions: Regulatory Challenges
1High-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
2Session Overview
- The emerging context for regulation
- The importance of approach
- Current policy discourse
- Where does this leave regulators?
3The Emerging Reality
- Globalization emerges as a major set of forces.
- Shaping the context for mandate achievement,
relationship management and ultimately, major
issues resolution.
4The 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
5The Emerging Reality
- High skill migration (HSM) of trades and
professions is quickly becoming entrenched as the
new norm in post-industrial society
6The 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)
7Shortage 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
8BALANCE 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)
9The 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
10The 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) -
11Alignment 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
12Expect 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)
13Expect 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) -
14Expect 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)
15Expect 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)
16The 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
17One 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
18Where 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
19Some 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
20Important 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