GenderImmi Codebook for Boucher, Anna (2016). Gender, Migration and the Global Race for Talent, Manchester University Press: Manchester

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1 GenderImmi Codebook for Boucher, Anna (2016). Gender, Migration and the Global Race for Talent, Manchester University Press: Manchester This codebook can be cited as: Boucher, A. (2016). Codebook for Gender, Migration and the Global Race for Talent, Manchester University Press, Manchester. Selection of visas for coding In order to determine which visas to code, the largest visa classes in the selected OECD countries were chosen. This was based on flow entrance data collected by each national government. In all cases except for the Live-In Caregiver Visa in Canada, the visas selected were for visas governments that themselves define as highly skilled. This latter visa was selected, although not viewed as highly skilled by the Canadian government for conceptual reasons, defended in Chapter 7 of the book. Defining a legal source Sources used for construction of the GenderImmi Dataset included statute, regulations, policy instruments and where these sources were not available, government websites. Legal interpretations of these documents via court cases were not considered. Sources are included in the qualitative version of the dataset. Sometimes there were different sources for different variables, at other times, the same source was relevant for the entire visa class. Timeframe for coding Coders were required to state the law at the time of coding (July 2011). For the benchmarking of visa fees against the Euro, the currency conversion date was 1 Feb General coding rules Yes = presence of factor No = no provision in law. n/a = Not covered by government regulation and cannot be inferred through the surrounding provisions. If unclear, the entry was coded as n/a. 1

2 Variables 1. Gender audit of immigration laws This question asks as a dichotomous yes/no response whether immigration laws are subject to a gender analysis by the department or parliament. By way of example, the Canadian immigration law is subject to such an analysis as a product of the Immigration Refugee Protection Act 2002, s94(1) which states that: The Minister must table in each House of Parliament a report on the operation of this Act in the preceding calender year. The report shall include a description of: (f) a gender-based analysis of the impact of this Act. 2. Gender disaggregated data This variable codes whether gender disaggregated data is available for this particular visa category from government agencies in the relevant country. To be gender disaggregated, the data must disaggregate both principal and secondary applicants, and not simply the entire class of entrants (the distinction between principal and secondary is needed to ascertain eligibility for selection criteria along gender lines). Immigration departments, labour agencies, bureau of statistics and secondary sources were consulted to see if such data were available. 3. Gender unit This dichotomous yes/no variable codes whether there is a relevant unit within the immigration department or department responsible for immigration that focuses upon gender issues. Sometimes this unit was actually a broader diversity unit that consider issues of gender, race, ethnicity, disability and sexuality. In such a case, the variable was coded as yes. The coding for this variable was the same across all visas for each country. 4. Acknowledgment of career breaks This dichotomous yes/no variable coded whether the immigration laws acknowledges career breaks in pre-immigration work experience for the purposes of qualifying for skilled immigration status, rather than the conditions needed to fulfil a visa upon arrival. Therefore, the central issue here was whether previous non-continuous work counts for relevant work experience under selection criteria. If the selection criteria do not require work experience as a condition of skilled immigration entry, this factor is unlikely to be relevant and was coded as n/a. Career breaks may be explicitly referred to in regulations i.e. dispensations are given for the accumulation of work experience over a number of years, situated within a longer period. Such a provision allows for a career break. If the legal provision does not stipulate the possibility of career breaks during the accumulation of work experience, the variable should be coded as no unless the coder can locate policy guidelines or regulations that indicate otherwise. 2

3 5. Part-time work This variable refers to pre-immigration work experience, rather than the conditions needed to fulfil a visa post-arrival. The variable asks whether it is necessary to have engaged in full-time work for the purposes of a work experience requirement or whether part-time work is also acknowledged for these purposes. If part-time work is explicitly permitted, it is coded yes. It if is not, it is coded no. If work experience is required and there is no comment in the laws on part-time work, the coder should assume that part-time work experience is not permitted. If work experience is not required, then whether it is part-time or full-time is irrelevant, and therefore the variable should be coded as n/a. Generally < 20 hours per week is counted as part-time (although it is acknowledged that definitions of part-time vary globally). The coder should make note of what sort of hours are permitted if part-time work is allowed in the qualitative column. 6. Age limit If the law states an upper age limit should be included under this variable. It is not necessary to state the age range, only the age limit. If the law does not set an age limit, it should be coded as n/a. 7. Dispensations for younger age If the selection method creates dispensations for those of younger ages, such as higher marks for younger applicants, the coder should code it as yes for this variable. If the same points apply for any age, code no. If age is not a relevant variable, it should be coded as n/a. Note that dispensations for younger age can occur in ways that do not require a sliding scale points tests. For instance, in the UK, younger applications needed lower rates of liquid capital. So, these kinds of dispensations should also be coded yes and information about such dispensations should be included in the qualitative column. 8. Wage thresholds This variable addresses whether a wage threshold is used to set minimum eligibility for admission into the skilled immigration visa. I.e. is a certain wage threshold is needed in order to apply for skilled immigration status? Even in Australia where a low wage threshold is set for 457 visas, we code yes because the wage still acts as a threshold criterion. However, we do not impute a wage threshold on the basis that only highly skilled immigrants from certain skill areas are selected (as is the case with the skilled independent category in Australia). The point of this variable is to capture the explicit use of salary thresholds as a measure of skill. 9. Lower limit for wages This variable captures the lowest limit for wages set for that visa class in Euros benchmarked 3

4 on 5 February 2013 (use historical exchange rates as The coder should also state the national currency in the qualitative column. If a wage range is given, the coder should state the lower limit. If no wage distribution method is used, the coder should record n/a. 10. Different treatment for higher wages This variable captures a similar phenomenon to the age question i.e. Do those with higher salaries receive more points or other dispensations under selection criteria? I.e. In the UK, those with more capital can stay longer under the Tier-2 General Points Test permit than other entrants. Any details should be included in the qualitative column. 11. Government-employer definition of skill The following variable captures who is responsible for the majority of the role of immigration selection is it government or employers? These variables do not overlook that there can often be a fusion between modes of selection (i.e. the Employer Nominated Scheme in Australia) but the distinction relates to who predominately holds responsibility over this process. If the selection follows a points test style method, or is untied to a particular employer (although possibly tied to a particular sector), then it is coded as governmentemployment defined. If on the other hand, an employer selects the migrant or must petition for a job offer in order for the migrant to be able to enter, the visa is coded as employerdefined. Details should be included in the qualitative column. 12. Preference for key sectors This variable asks whether certain sectors are preferenced under the selection method I.e. can immigrants only apply if they fit within certain industrial sectors or more narrow occupational lists? The variable also asks the coder to include the full list of relevant sectors or occupations, where appropriate, in the qualitative column. This variable captures skills targeting through skills in demand list or where governments use other methods to limit entry to certain key categories of entry. 13. Care work This variable seeks to identify whether care work is included within immigration selection criteria. Care work includes aged care and childcare, as well as other forms of domestic labour (domestic duties, housekeeping, live-in caregiver). If care work is acknowledged, this should be noted in the qualitative column. If nursing is included, it should be noted in the qualitative column, although it is not included within the definition of care work. Wage thresholds may operate as a block on entry of care workers (as is the case in the UK). However, the coder should not take the existence of wage thresholds as an imputation that care work is excluded under skilled immigration. Generally, the law should be clear on whether care work is one of the possible occupations. If not the coder should code no. 4

5 14. Other forms of emotional labour Emotional labour refers to work that requires a complex combination of facial expression, body language, spoken words, and tone of voice (Raefli and Sutton 1987: 30). Human interrelations, communication skills and emotional effort are central to this type of work (Steinberg and Figart (1999: 10). Appelbaum and Gatta (2005: 2) place child care workers, nursery assistants, hotel housekeepers and retail clerks within the category of emotional labour. This variable captures non-care forms of emotional labour house work, retail clerks, cleaning (commercial) and waiting staff. Generally, these occupations will probably not be included within skilled immigration categories as they are not generally considered skilled. However, it is important for the coder to check all the visa categories to see if there might be some ways that immigrants can enter under the skilled visas in emotional labour-orientated fields. If forms of emotional labour are considered for skilled immigration selection, the coder should code these as yes and place details in the qualitative columns. The column on preferenced sectors may give further information about this category and skills in demand lists should also be consulted (see above, variable 12). 15. Attention to race and ethnicity issues This variable asks whether the immigration law brings explicit attention to race or ethnicity issues. This requires more than a blanket statement regarding non-discriminatory immigration selection, as in Australia s Information statement 1. Instead it would require a race-based analysis similar to the gender-based analysis undertaken in the Immigration Refuge Protection Act (2002). If such a notation exists in the law, it should be coded. 16. Compulsory language testing This variable captures whether language testing in the language of the country of selection is mandatory or not. If language testing is a threshold criteria or is stated as mandatory, it should be coded as yes. If not, it should be coded as no. 17. Level of language testing This variable captures the required level of language testing Language tests vary across countries and languages, so the coder should note qualitatively what the national law states. 18. Points for accompanying spouses If there is a points-based system, there may be some points for accompanying spouses (as is the case in Australia and Canada). The coder should note the nature of these points in the qualitative column, including how many points and what the pass mark for admission is. If spouses gain no recognition in their partner s application, the coder should code no. 5

6 19. Temporary or permanent? This variable addresses whether the visa category is temporary or permanent. This variable does not consider whether renewal is possible or whether portability options exist from temporary to permanent status. It simply captures whether the migrant enters on a temporary or permanent basis at first instance. The coder should also state in a qualitative column the length of the visa if it is temporary and whether renewal is possible. A note on sources If there is only one source, this should be included in the final qualitative column. If there are different sources for each variable, these should be included in the coding after each variable in the associated qualitative column. 6