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ARCHIVED – Subsequent temporary public policy to continue to facilitate access to permanent resident status for out-of-status construction workers in the Greater Toronto Area (GTA)

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Background

On January 2, 2020, the Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area (GTA) was implemented. It was then updated in July 2021 by way of the Temporary Public Policy to Further Facilitate Access to Permanent Resident Status for Out-of-Status Construction Workers in the Greater Toronto Area (GTA), which will expire on January 2, 2023. These public policies were developed to recognize the economic contribution of long-term resident construction workers and has sought to regularize individuals who have been contributing to the Canadian economy by filling a regional labour market need. At the same time, they addressed the vulnerable position of these workers due to their lack of immigration status.

This temporary public policy has the same objectives and will increase the cap to further facilitate access to permanent resident status for up to 1,000 construction workers in the GTA, plus their family members (the 1,000 application cap includes the principal applicants whose applications have already been submitted under the two previous public policies).

Public Policy Considerations

Skilled trades, particularly those in construction, are and will continue to be in demand over the next several years in the GTA. The construction industry continues to face significant labour shortages. A stable construction workforce will help ensure that housing and infrastructure projects are delivered. Reports indicate that this workforce has been supported for many years, in part, by long-term residents who have fallen out of immigration status and are operating in the underground economy.

Providing an opportunity to become permanent residents addresses the vulnerability of this undocumented population and allows them to continue to contribute to the construction sector with legal status. Many undocumented construction workers may be unaware of their employment rights or are hesitant to exercise them. These workers may not benefit from workplace regulations, such as health and safety inspections.

Given sustained interest by this group of workers to be regularized and the continuous needs of the construction industry, increasing the cap of this initiative allows for more of this population to benefit from the regularization of their status in Canada and to continue to fill key positions.

As such, I hereby establish that, pursuant to my authority under section 25.2 of the Immigration and Refugee Protection Act (the Act), that there are public policy considerations that justify the granting of permanent residence to principal applicants and their family members in Canada if these foreign nationals meet the applicable conditions (eligibility requirements) listed below. I further establish that there are public policy considerations that justify the granting of an exemption from the provisions of the Immigration and Refugee Protection Regulations (the Regulations) listed below to foreign nationals who are family members of the principal applicant who meet the conditions (eligibility requirements) for family members in or outside Canada.

Conditions (eligibility requirements) applicable to the principal applicants

Based on public policy considerations, delegated officers may grant permanent residence status to foreign nationals who meet the following conditions:

Foreign National who:

  1. legally entered Canada as a temporary resident;
  2. has continuously resided in Canada for at least five years on the date of their application;
  3. at the time of the eligibility assessment by the Canadian Labour Congress (CLC), is working without authorization in the construction industry in the GTA and has accumulated, and be able to provide evidence of, three years full-time work experience within the past five years in construction in the GTA in the occupations referenced in Annex A;
  4. has family (mother, father, brother, sister, grandmother, grandfather, grandchild, aunt, uncle, niece, nephew or cousin) living in Canada who is a Canadian citizen or permanent resident, or has a spouse, common-law partner or child in Canada;
  5. has a referral letter signed by the CLC attesting that the applicant meets the above eligibility conditions; however, it is the delegated officer who will make the final determination whether the applicant meets the conditions (eligibility requirements); and
  6. is not inadmissible other than pursuant to any of the following:
    1. paragraph 40(1)(a) of the Act for no other reasons than misrepresentation related to overstaying their temporary resident status and working without authorization;
    2. paragraph 41(a) of the Act for no other reasons than overstaying their temporary resident status and working without authorization;
    3. section 42 of the Act where the family member is inadmissible under 40(1)(a), 41(a) or 42 of the Act for no other reasons than overstaying their temporary resident status and working or studying without authorization.

Conditions (eligibility requirements) applicable to family members in Canada:

In-Canada family members of a principal applicant who applies for permanent residence under this public policy are eligible to be granted permanent residence pursuant to this public policy if they meet the following conditions:

  1. the foreign national is in Canada;
  2. the foreign national has been included as an accompanying family member in an application for permanent residence by a principal applicant under this public policy;
  3. the foreign national meets the definition of a “family member” in subsection 1(3) of the Regulations;
  4. the foreign national is not inadmissible other than pursuant to any of the following:
    1. paragraph 40(1)(a) of the Act for no other reasons than misrepresentation related to overstaying their temporary resident status and working or studying without authorization;
    2. paragraph 41(a) of the Act for no other reasons than overstaying their temporary resident status and working or studying without authorization;
    3. section 42 of the Act where the family member is inadmissible under 40(1)(a), 41(a) or 42 of the Act for no other reasons than overstaying temporary resident status and working or studying without authorization; and
  5. a delegated officer has determined that the principal applicant meets all conditions (eligibility requirements) pursuant to this public policy.

Conditions (eligibility requirements) applicable to family members outside Canada:

Based on public policy considerations, when processing an application for a permanent resident visa, delegated officers may grant an exemption from the requirements of the Regulations identified below when a foreign national outside Canada meets the following conditions:

  1. the foreign national has been included as an accompanying family member in an application for permanent residence by a principal applicant under this public policy;
  2. the foreign national meets the definition of family member in subsection 1(3) of the Regulations;
  3. the foreign national is not inadmissible other than pursuant to any of the following:
    1. paragraph 40(1)(a) of the Act for no other reasons than misrepresentation related to the foreign national having previously overstayed their temporary resident status and working or studying without authorization in Canada;
    2. section 42 of the Act where the family member is inadmissible under 40(1)(a), 41(a) and 42 of the Act for no other reasons than overstaying temporary resident status and working or studying without authorization; and
  4. a delegated officer has determined that the principal applicant meets all conditions (eligibility requirements) pursuant to this public policy.

Provisions of the Regulations for which an exemption may be granted to the family member abroad:

  1. paragraph 10(2)(c) of the Regulations – the requirement to indicate the class prescribed by these Regulations for which the application is made;
  2. paragraph 70(1)(a) of the Regulations – the requirement to apply for a permanent resident visa as a member of a class referred to in subsection 70(2) of the Regulations;
  3. paragraph 70(1)(c) of the Regulations – the requirement to be a member of an immigration class; and,
  4. paragraph 70(1)(d) of the Regulations – the requirement to meet the selection criteria and other requirements applicable to that class.

Granting of these exemptions will facilitate issuance of the permanent residence visa to these foreign nationals.

Principal applicants or family members who have made a refugee claim in Canada and failed refugee claimants are not eligible under this public policy.

Approval in Principle: Once a delegated officer assesses that a foreign national meets conditions 1 to 6 applicable to principal applicants, including the requirement not to be inadmissible on other grounds than those specified in condition 6 described above, the delegated officer will approve the application in principle under this public policy. For greater certainty, those with known inadmissibilities, other than those listed above, will not receive approval in principle.

Once approval in principle is received, a removal order, where one exists, will be stayed pursuant to section 233 of the Regulations. The stay of removal will be in effect until a final decision is made on the permanent residence application.

A final assessment of admissibility will be conducted prior to granting of permanent residence or issuance of the permanent resident visa for overseas accompanying family members.

Fees: Any applicable fees, including fees for processing an application for permanent residence under subsection 25.2(1) of the Act as well as applicable Right of Permanent Residence Fee, must be paid.

Greater Toronto Area (GTA) as defined by Statistics Canada – Toronto Economic Region: City of Toronto, Durham Region, Halton Region, Peel Region, York Region.

Start and End Date:

This temporary public policy takes effect on January 3, 2023, and applies to applications received by IRCC on or after that date. This public policy will end on January 2, 2024 or once 1,000 principal applicants (plus their accompanying family members) have been granted permanent residence, whichever comes first.

In calculating the cap, admissions resulting from applications received by IRCC for consideration under the Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area signed on July 4, 2019 and the Temporary Public Policy to Further Facilitate Access to Permanent Resident Status for Out-of-Status Construction Workers in the Greater Toronto Area, signed on May 24, 2021 will be counted as part of the cap of 1,000 principal applicants.

A Memorandum of Understanding between IRCC and the CLC must be valid for this temporary public policy to be in effect.

As with all public policies, this public policy may be revoked by the Minister, without prior notice. All applications received prior to the end or revocation of this public policy will be processed under the public policy, unless the Memorandum of Understanding is terminated. In that case, IRCC will return applications to the applicants and processing will cease.

The Honourable Sean Fraser, P.C., M.P.
Minister of Citizenship and Immigration
Dated at Ottawa, this 22 day of December, 2022

Annex A – Construction Industry Occupations Included in the Subsequent Temporary Public Policy to Continue to Facilitate Access to Permanent Resident Status for Out-of-Status Construction Workers in the Greater Toronto Area (GTA)

From Major Group 72:

From Major Group 73:

From Major Group 75:

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