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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)

SIIS Canada  /  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)

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)

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:

  • legally entered Canada as a temporary resident;
  • has continuously resided in Canada for at least five years on the date of their application;
  • 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;
  • 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;
  • 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
  • is not inadmissible other than pursuant to any of the following:
  • paragraph 40(1)(a) of the Act for no other reasons than misrepresentation related to overstaying their temporary resident status and working without authorization;
  • paragraph 41(a) of the Act for no other reasons than overstaying their temporary resident status and working without authorization;
  • 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:

    • the foreign national is in Canada
    • 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
    • the foreign national meets the definition of a “family member” in subsection 1(3) of the Regulations
    • the foreign national is not inadmissible other than pursuant to any of the following:
    • 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
    • paragraph 41(a) of the Act for no other reasons than overstaying their temporary resident status and working or studying without authorization
    • 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
    • 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:

    • 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
    • the foreign national meets the definition of family member in subsection 1(3) of the Regulations
    • the foreign national is not inadmissible other than pursuant to any of the following:
    • 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
    • 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
    • a delegated officer has determined that the principal applicant meets all conditions (eligibility requirements) pursuant to this public policy.