Immigration, Refugees and Citizenship Canada (IRCC) is committed to implementing an initiative that will regularize those without immigration status who have been contributing to Canadian communities.
To deliver on this mandate letter commitment, we are reviewing previous regularization programs in Canada, pathways put in place in other countries, and academic research. We are also meeting with stakeholders to obtain their perspectives. Based on this work, we will develop options, consult provinces and territories, and come forward with plans to inform a future initiative.
One current program is the Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto and Hamilton Area (GTA), which recognizes the economic contributions of workers in the construction industry and aims to address vulnerabilities associated with their lack of status.
Another program was the Guardian Angels temporary public policy, put in place during the pandemic, to provide a permanent residence pathway for pending and failed refugee claimants who worked in direct patient care, and their family members.
We have been assessing the outcomes of these and other efforts to support the design of a new initiative.
If pressed:
We are also consulting with stakeholder organizations, such as the Canadian Council for Refugees, Migrant Rights Network, and the academic community as we seek to regularize undocumented migrants.
Out of Status Construction Workers: As of September 30, 2022, there have been 757 applications approved (305 principal applicants and 452 dependents).
Guardian Angels: As of October 1, 2022, over 8,500 individuals have received permanent residence.
Background
Undocumented migrants
An undocumented migrant is an individual who has no authorization to reside and/or work in Canada. The majority become undocumented by falling out of status when they cannot meet eligibility criteria for existing immigration programs after lawfully entering Canada, and have overstayed their authorized period of stay. Only a small portion of undocumented migrants are thought to have unlawfully entered, or were trafficked or smuggled into Canada.
There are no accurate figures representing the number or composition of undocumented immigrants residing in Canada. Estimates from academic sources range between 20,000 and 500,000 persons, although there may be more.
Undocumented migrants live in fear of being detected and removed, and many are extremely vulnerable due to their very limited access to health care and social services.
Undocumented work situations are known to present higher risks for employer abuse and exploitation due to informal work agreements that make accessing labor protections difficult. Undocumented workers are unlikely to report abuse to authorities for fear of deportation.
Out-of-Status Construction Workers Public Policy
To qualify for the public policy, a foreign national must have legally entered Canada as a temporary resident; continuously resided in Canada for at least five years; be currently working without authorization in the construction industry in theGTA; and have accumulated, three years full-time work experience within the past five years in construction in the GTA in designated occupations. Applicants must also have a family member living in Canada who is a Citizen or permanent resident, or have a spouse or children in Canada (regardless of immigration status).
Family members (spouse, partner, dependent child) of the principal applicants can be included in the application, whether they are inside or outside Canada.
Individuals who made refugee claims in Canada and failed refugee claimants are not eligible.
IRCC is working with the Canadian Labour Congress to implement this public policy. They work in collaboration with the Department by identifying eligible applicants and referring completed applications to IRCC.
The Department is also working closely with the Canada Border Services Agency (CBSA) to minimize the risk that applicants be removed while their application is being processed. A removal order, where one exists, will be stayed pursuant to section 233 of the Immigration and Refugee Protection Regulations, once the applicant has been determined to meet the conditions of the public policy (at the approval in principle stage). The stay of removal will be in effect until a final decision is made on the permanent residence application.
Guardian Angels
In response to media reports and stakeholder interventions that drew attention to a number of pending and failed asylum claimants working in Canada’s health care sector during the COVID-19 pandemic, the Government put in place a pathway to permanent residence from December 14, 2020 to August 31, 2021 for these individuals who worked in direct patient care.
The designated occupations that were included in this special measure were orderlies, nurses, nurses’ aides and patient service associates, assistant orderlies, and certain home support workers who provided direct care to patients.
Individuals must have met a specific set of criteria to be eligible, including having been authorized to work in Canada and time working in the health-care sector during the pandemic. Individuals must also have met admissibility requirements, including those related to medical and security screening.
Two temporary public policies were developed – one for refugee claimants wishing to reside outside Quebec, and the other for refugee claimants intending to reside in Quebec. Under the Canada–Quebec Accord, Quebec has sole responsibility for the selection of economic immigrants and resettled refugees destined to the province.
IRCC worked closely with CBSA to ensure appropriate security screening measures were completed and to minimize the risk of applicants being removed from Canada while their application was being considered.
Eligible applicants with a pending claim could have their claim or appeal put on hold at the Immigration and Refugee Board of Canada until a decision on their permanent residence application was rendered
