High-Skill Migration of Trades and Professions Regulatory Challenges

High-Skill Migration of Trades and Professions: Regulatory Challenges & Considerations Carolyn Moore, RN, MSc. N Executive Director College of Registered Nurses of Nova Scotia Concurrent Session Licensure of Internationally-Trained Professionals Part II CLEAR 2003 Annual Conference Saturday, September 13, 2003 1

Session Overview • • The emerging context for regulation The importance of approach Current policy discourse Where does this leave regulators? 2

The Emerging Reality Globalization emerges as a major set of forces. Shaping the context for mandate achievement, relationship management and ultimately, major issues resolution. 3

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 4

The Emerging Reality • High skill migration (HSM) of trades and professions is quickly becoming entrenched as the new norm in post-industrial society 5

The Regulator’s Challenge 1 Acknowledgement • 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 scarcity 1 - link between service needs/demands and supply options 1 (WHO 2002) 6

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 of education - Substantial equivalence of learning & experience - Brain drain/gain - Brain circulation - Single-issue focus (e. g. , health) - Linked-issue focus (e. g. trade, immigration) 8

The Regulator’s Challenge 2 INFORMED 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. gov’t, 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 9

The Regulator’s Challenge 3 A 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 highskill migration – Apply lessons learned from early progress in facilitating better domestic cross-border migration (e. g. , AIT, Washington Accord, Lisbon Convention) 10

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 11

Expect Changes at Four Levels ONE - federal/national/regional governments 2 • 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) 12

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) 13

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 System 3 • B. C. , Canada - Successful human rights challenge against College of Physicians and Surgeons 3(Iredale, 2001) 14

Expect Changes at Four Levels FOUR - Role of international trade agreements in managing high-skilled migration 4 • 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) 15

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 16

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 Adapt standards to take into account foreign training 345 votes (14%) 1014 (40%) Total votes: 2509 17

Where the “Rubber Hits the Road” • Revisit credential assessment processes for highskill 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 18

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, gov’t, trade schools, colleges, universities, employers, domestic workforce, high skill migrants, source and host countries 19

Important Policy Considerations • What is your organization’s 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 don’t yet have the policies, processes or models to properly manage high-skill migration 20