Application process and who can apply for out-of-status construction workers in the Greater Toronto Area (GTA)

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:

• legally entered Canada as a temporary resident
• has continuously resided in Canada for at least 5 years on the date of their application
• at the time of the eligibility assessment by the CLC, is working without authorization in the construction industry in the GTA and has accumulated, and be able to provide evidence of, 3 years full-time work experience within the past 5 years in construction in the GTA in the occupations referenced in Annex A
• has family (a 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 either
  • a referral letter signed by the CLC attesting that the applicant meets the above eligibility conditions or
  • a letter signed by the CLC attesting that the applicant meets the eligibility conditions of the Temporary public policy to further facilitate access to permanent resident status for out-of-status construction workers in the GTA
• 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 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

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:

• They are in Canada.
• They have been included as an accompanying family member in an application for permanent residence by a principal applicant under this public policy.
• They meet the definition of a “family member” in subsection 1(3) of the IRPR.
• They are 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.

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:

• They have been included as an accompanying family member in an application for permanent residence by a principal applicant under this public policy.
• They meet the definition of family member in subsection 1(3) of the IRPR.
• They are 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.

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

• paragraph 10(2)(c)—the requirement to indicate the class prescribed by these Regulations for which the application is made
• paragraph 70(1)(a)—the requirement to apply for a permanent resident visa as a member of a class referred to in subsection 70(2) of the IRPR
• paragraph 70(1)(c)—the requirement to be a member of an immigration class and
• paragraph 70(1)(d)—the requirement to meet the selection criteria and other requirements applicable to that class

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