Making a final decision: Out-of-status construction workers in the Greater Toronto Area (GTA)

On this page

• Approving the application
• Refusing the application
• Withdrawal of applications

Approving the application

When all requirements are met, officers should

• enter a record of decision in the Global Case Management System (GCMS) notes to indicate that the applicant is a member 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)
• issue a visa—if required—and a Confirmation of Permanent Residence (COPR) document to the applicant and any accompanying family members

The local IRCC office

• ensures dependent children are still eligible; in other words, that medical results and background checks are still valid
• verifies that the right of permanent residence fee has been paid
• completes the process for permanent residence and issues a COPR document
• sends a ready for visa letter to the principal applicant in Canada

The visa office issues COPRs and permanent resident visas where required to eligible dependent children living abroad.

Refusing the application

All refused applicants must be provided with a formal refusal letter. When a case is refused, the processing office must do all the following:

• send a letter to the principal applicant explaining the reason for the refusal
• inform the Canada Border Services Agency (CBSA) that the application has been refused
• if the applicant is in Canada and is refused for eligibility reasons, inform them that
  • if they still have valid status, their temporary resident permit and work permit may not be extended
  • the refusal of their application will be shared with CBSA and they may be subject to enforcement actions
• if the applicant is in Canada and is refused for inadmissibility
  • take appropriate actions depending on the inadmissibility grounds [that is, refer the case to the IRCC processing office to write a report under subsection 44(1) of the Immigration and Refugee Protection Act (IRPA), which could lead to an admissibility hearing or a removal order]
• show the final disposition on the dependants’ files as either
  • “Refused” for accompanying family members
  • “Withdrawn” for non-accompanying family members

Withdrawal of applications

In cases where an applicant requests to withdraw their application, an immigration officer must

• send a letter to inform the applicant if the withdrawal of the application is accepted or refused
  • if the applicant still has valid status, the officer must inform the applicant that their temporary resident permit and work permit may not be extended, and that their request to withdraw their application will be shared with CBSA, which may result in enforcement action being taken against the applicant (and in-Canada dependants, if applicable)

Inform CBSA that the application has been withdrawn