Background

In recognition of the economic contribution of long-term resident constructions workers to the Canadian economy and to address the vulnerable position of these workers, Immigration, Refugee and Citizenship Canada (“IRCC”) has introduced the Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area (GTA). The temporary public policy provides an opportunity to 500 out of status construction workers in the GTA, and their family members, to get the permanent resident status. 

Together with the Canadian Labour Congress (“CLC”), IRCC is working to ensure safety to the workers who are out of status and come forward through this policy. Out of safety workers are individuals who came to Canada on a valid temporary residence status but are now a part of undocumented population contributing to the construction industry.

Greater Toronto Area (GTA) includes Toronto Economic Region: City of Toronto, Durham Region, Halton Region, Peel Region, York Region.

Eligibility

Under this public policy, delegated officers may only grant permanent resident status to foreign nationals who meet the following conditions:

  1. Entered Canada as a temporary resident and previously received authorization to work in the construction industry and have filed income tax returns or declared income in Canada (400 applicants); or 
    Legally entered Canada as a temporary resident (100 applicants).
  2. Have continuously resided in Canada for at least 5 years on the date of their application;
  3. Currently working without authorization in the construction industry in the GTA and have accumulated and can provide proof of 3 years of full-time work experience within the last 5 years in construction in the GTA in certain constructions industry occupations;
  4. Provide evidence of language ability at Canadian Language Benchmark (CLB) 4 for speaking, listening, reading, and writing 4;
  5. Have family (mother, father, brother, sister, grandmother, grandfather, grandchild, aunt, uncle, niece, nephew or cousin) living in Canada as Canadian citizen or permanent resident, or have a spouse or common-law partner or child in Canada;
  6. Have a referral letter signed by the Canadian Labour Congress (CLC) attesting that the applicant meets the above conditions; and
  7. Are not inadmissible to Canada other than pursuant to any of the following: paragraph 40(1)(a) and sections 41, 42 of the Act and for no other reasons than overstaying their temporary resident status and working without authorization.

Additionally, this public policy:

  • Enables family members of the principal applicant eligible for immigration to Canada and will be granted the same admissibility exemptions; and
  • Selects applicants on the first come first serve basis and priority will be given to the applicants who qualify and fulfill all the above-mentioned requirements.

Duration

This policy takes effect on January 2, 2020 and will end on January 1, 2022, or once 500 principal applicants and their family members have been granted the permanent residency status.

For more information regarding this Public Policy, please contact our office. We welcome the opportunity to assist you with your Canadian immigration process and will be glad to provide you with further information and answer your questions.

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