Permits for 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.
Once a delegated officer assesses that a principal applicant and their family members in Canada meet the conditions outlined in the public policy, this will result in
- an approval in principle under the public policy
- a stay of removal (where a removal order exists) pursuant to section 233 of the Immigration and Refugee Protection Regulations (IRPR)
- the issuance of a temporary resident permit (TRP) and open work permit (or study permit if applicable)
Processing temporary resident permits (TRPs)
An officer assessing an application for a TRP for a foreign national who has submitted an application for permanent residence under the temporary public policy may issue a TRP, valid for 6 months or longer, if the application meets the admissibility requirements.
Family members are defined as persons who meet the definition of a “family member” in subsection R1(3) as assessed by a delegated officer.
When the TRP is issued for 6 months or longer, the foreign national (and family members if required) is also eligible to apply for an open work permit under paragraph R208(b). In cases where the TRP holder is authorized to work or study, the validity of the work permit or study permit (under R215(1)(e)) should be the same as the TRP.
Processing open work permits (or study permits)
An open work permit or study permit may be issued only following the issuance of a TRP that is valid for 6 months or longer.
For the open work permit
- use Labour Market Impact Assessment (LMIA) exemption code H82
- use National Occupation Classification (NOC) code 9999
- use Case Type 20
- for province and city of destination, use Unknown
The fee for an open work permit is $155.
There is a fee exemption as per paragraph R298(2)(b) for persons who have an application pending to remain in Canada as a permanent resident.
The open work permit privilege fee ($100) does not apply to work permits issued with a TRP under paragraph R208(b) and should not be collected.
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