Application process and who can apply 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.

Under the Temporary public policy to further facilitate access to permanent resident status for out-of-status construction workers in the Greater Toronto Area (GTA), a maximum of 500 foreign nationals (plus their dependants) may be granted permanent residence.

Application process

To apply, all applicants must identify themselves to the Canadian Labour Congress (CLC) who will determine if they meet the public policy conditions. The CLC will issue a referral letter attesting that, following their assessment, they appear to meet these conditions, except the condition related to admissibility, and will forward the complete applications to IRCC.

IRCC will process all complete applications received from July 30, 2021, until the end of January 2, 2023, or once 500 principal applicants (plus their family members) have been granted permanent residence, whichever comes first.

Applications must be complete in accordance with the requirements specified in section 10 of the Immigration and Refugee Protection Regulations (IRPR) and in the application kit to be considered eligible for processing. However, as per the public policy, family members included in the applications that are outside Canada are exempted from paragraph 10(2)(c)—(i.e. the requirement to indicate the class prescribed by the IRPR for which the application is made). When sending in the applications, the CLC will identify cases with active removal orders by writing “urgent” on the envelope, to ensure their prioritization at intake.

Applications received by IRCC on or before July 29, 2021, will continue to be processed as per the public policy provisions in effect until that date. 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).

Who can apply

Principal applicants

Under the Temporary public policy to further facilitate access to permanent resident status for out-of-status construction workers in the Greater Toronto Area (GTA), an individual can apply if they meet the following eligibility requirements:

However, it is the delegated officer who will make the final determination whether the applicant meets the eligibility requirements.

Family member in Canada

Family members in Canada, who are included in the application of a principal applicant under the Temporary public policy to further facilitate access to permanent resident status for out-of-status construction workers in the Greater Toronto Area (GTA), may be granted permanent residence if they meet the following eligibility requirements:

Family members outside Canada

When processing an application for a permanent resident visa, delegated officers may grant an exemption from certain requirements of the IRPR when a family member outside Canada who is included in the application of a principal applicant under the Temporary public policy to further facilitate access to permanent resident status for out-of-status construction workers in the Greater Toronto Area (GTA) meets the following conditions:

Provisions of the IRPR for which an exemption may be granted to the family members outside Canada:

Granting of these exemptions will facilitate issuance of the permanent resident visa to these foreign nationals.

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