Assessing the application against the policy conditions – Out-of-status construction workers in the Greater Toronto Area (GTA)

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

The following updated instructions took effect on July 30, 2021.

Applicants should be assessed against the established eligibility criteria below, based on the information and documents provided in their application.

Applicants must meet all of the following criteria to be approved:

Referral letter from the Canadian Labour Congress (CLC)

The CLC is responsible for identifying and referring applicants who appear to meet the following eligibility criteria as outlined in the public policy:

Once the CLC is satisfied that an applicant appears to meet the eligibility requirements, they will issue a signed referral letter attesting that the applicant appears to meet the conditions of the public policy.

Note: Assessing admissibility is the responsibility of the IRCC officer. The CLC is a third-party organization and, as such, its representatives may not be aware of an applicant’s inadmissibility.

All applicants applying under this public policy must have

Pending applications that have not been finalized on July 29, 2021, will be processed under the more facilitative eligibility requirements of the Temporary public policy to further facilitate access to permanent resident status for out-of-status construction workers in the GTA.

Qualifying work experience

The applicant must have accumulated at least 3 years of full-time (or the equivalent in part-time) paid work experience in an occupation established in the public policy and listed in the National Occupational Classification (NOC):

The work experience must have been accumulated in the construction industry in the GTA.

Work experience can be calculated by

Employment requirements

Applicants must be currently working without authorization in the construction industry in the GTA at the time they submit their application to the CLC. The lock-in date to determine “currently employed” is the date indicated on the CLC referral letter to IRCC.

For the periods of work experience claimed in the application, all applicants must demonstrate they performed both of the following:

Reside in Canada

Applicants must have continuously resided in Canada for at least 5 years on the date of signing their application. Proof of residence can include

Family in Canada

Applicants must provide proof of having either a

Note: Only the following qualify as “relatives” for the purpose of this public policy:

  • mother or father
  • brother or sister
  • grandmother or grandfather
  • grandchild
  • aunt or uncle
  • niece or nephew
  • cousin

Proof of relatives in Canada may include copies of a valid

Applicants must also provide proof of their relationship with their family in Canada. Proof of relationship may include copies of a

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