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.
This public policy has been extended until December 31, 2024, or until we approve 1,000 applications, whichever comes first. Spaces are filling quickly, so apply soon to secure your spot before capacity is reached.
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)
- Legal entry into Canada as a temporary resident
- Qualifying work experience
- Employment requirements
- Reside in Canada
- Family in Canada
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:
- they entered Canada legally
- they have continuously resided in Canada for a minimum of 5 years (from the date of signature of the application)
- they meet the work experience and employment criteria
- they have family in Canada
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.
Legal entry into Canada as a temporary resident
All applicants applying under this public policy must have done all of the following:
- legally entered Canada
- fallen out of status
- not previously made a refugee claim and not be a failed refugee claimant
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 Greater Toronto Area (GTA).
Qualifying work experience
Assessing qualifying work experience – Applications received on or before November 15, 2022
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).
- Major Group 72 – Industrial, electrical and construction trades
- Major Group 73 – Maintenance and equipment operation trades
- NOC 7441 – Residential and commercial installers and servicers
- NOC 7521 – Heavy equipment operators (except crane)
- NOC 7611 – Construction trades helpers and labourers
The work experience must have been accumulated in the construction industry in the GTA.
Work experience can be calculated by
- adding up the number of weeks of full-time paid work (that is, 30 to 37.5 hours per week in 1 full-time job)
- adding up the number of weeks with a combined total of at least 30 hours per week in more than 1 part-time job
- adding up the number of weeks with 19.5 hours of part-time work in more than one job
Assessing qualifying work experience – Applications received on or after November 16, 2022
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 NOC.
From NOC 2021 Major Group 72
- 72010 – Contractors and supervisors, machining, metal forming, shaping and erecting trades and related occupations
- 72011 – Contractors and supervisors, electrical trades and telecommunications occupations
- 72012 – Contractors and supervisors, pipefitting trades
- 72013 – Contractors and supervisors, carpentry trades
- 72014 – Contractors and supervisors, other construction trades, installers, repairers and servicers
- 72100 – Machinists and machining and tooling inspectors
- 72101 – Tool and die makers
- 72102 – Sheet metal workers
- 72103 – Boilermakers
- 72104 – Structural metal and platework fabricators and fitters
- 72105 – Ironworkers
- 72106 – Welders and related machine operators
- 72200 – Electricians (except industrial and power system)
- 72201 – Industrial electricians
- 72202 – Power system electricians
- 72203 – Electrical power line and cable workers
- 72204 – Telecommunications line and cable workers
- 72205 – Telecommunications installation and repair workers
- 72300 – Plumbers
- 72301 – Steamfitters, pipefitters and sprinkler system installers
- 72302 – Gas fitters
- 72310 – Carpenters
- 72311 – Cabinetmakers
- 72320 – Bricklayers
- 72321 – Insulators
- 72020 – Contractors and supervisors, mechanic trades
- 72021 – Contractors and supervisors, heavy equipment operator crews
- 72022 – Supervisors, printing and related occupations
- 72023 – Supervisors, railway transport operations
- 72024 – Supervisors, motor transport and other ground transit operators
- 72400 – Construction millwrights and industrial mechanics
- 72401 – Heavy-duty equipment mechanics
- 72402 – Heating, refrigeration and air conditioning mechanics
- 72403 – Railway carmen/women
- 72404 – Aircraft mechanics and aircraft inspectors
- 72405 – Machine fitters
- 72406 – Elevator constructors and mechanics
- 72410 – Automotive service technicians, truck and bus mechanics and mechanical repairers
- 72411 – Auto body collision, refinishing and glass technicians and damage repair estimators
- 72420 – Oil and solid fuel heating mechanics
- 72421 – Appliance servicers and repairers
- 72422 – Electrical mechanics
- 72423 – Motorcycle, all-terrain vehicle and other related mechanics
- 72429 – Other small engine and small equipment repairers
- 72500 – Crane operators
- 72501 – Water well drillers
- 72999 – Other technical trades and related occupations
From NOC 2021 Major Group 73
- 73100 – Concrete finishers
- 73101 – Tilesetters
- 73102 – Plasterers, drywall installers and finishers and lathers
- 73110 – Roofers and shinglers
- 73111 – Glaziers
- 73112 – Painters and decorators (except interior decorators)
- 73113 – Floor covering installers
- 73200 – Residential and commercial installers and servicers
- 73310 – Railway and yard locomotive engineers
- 73311 – Railway conductors and brakemen/women
- 73400 – Heavy equipment operators
- 73401 – Printing press operators
- 73402 – Drillers and blasters – surface mining, quarrying and construction
From NOC 2021 Major Group 75
- 75110 – Construction trades helpers and labourers
The work experience must have been accumulated in the construction industry in the GTA.
Work experience can be calculated by
- adding up the number of weeks of full-time paid work (that is, 30 to 37.5 hours per week in 1 full-time job)
- adding up the number of weeks with a combined total of at least 30 hours per week in more than 1 part-time job
- adding up the number of weeks with 19.5 hours of part-time work in more than 1 job
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:
- the actions identified in the initial lead statement of the NOC description
- a substantial number of the main duties listed in the NOC description, including all the essential duties and all the duties that distinguish a particular occupation from any other
- Duties that begin with “may” in the NOC description are not usually considered to be essential duties.
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
- copies of a lease or rental agreement
- a letter from a landlord or property owner attesting to residence and specifying dates
- utility bills
- any other bills that contain the applicant’s residential address
Family in Canada
Applicants must provide proof of having either a
- relative living in Canada who is a Canadian citizen or permanent resident
- spouse, common-law partner or child in Canada
Note: Only the following people 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
- permanent resident card
- citizenship certificate
- first page of a Canadian passport
Applicants must also provide proof of their relationship with their family in Canada. Proof of relationship may include copies of a
- birth certificate
- marriage certificate
- family booklet
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