CIMM – Undocumented Migrants – June 14, 2023

Date: Jan. 10, 2023
Classification:
Department: IRCC

Issue:

Regularizing the status of undocumented migrants

Proposed Response:

• Immigration, Refugees and Citizenship Canada (IRCC) is committed to implementing an initiative that will regularize those without immigration status who have been contributing to Canadian communities.
• To deliver on this mandate letter commitment, IRCC is reviewing previous regularization programs and academic research to inform a future initiative.
• One current program is the Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area, which recognizes the economic contributions of workers in the construction industry and aims to address vulnerabilities associated with their lack of status.
• Another program was the Guardian Angels temporary public policy, put in place during the pandemic, to provide a permanent residence pathway for pending and failed refugee claimants who worked in direct patient care, and their family members.
• We have been assessing the outcomes of these and other efforts to support the design of a new initiative.
• We are also consulting with stakeholder organizations, such as the Canadian Council for Refugees, Migrant Rights Network, and the academic community as we seek to regularize undocumented migrants to ensure that the voices of those with lived experience are taken into account.

If pressed:

• Out of Status Construction Workers: As of October 31, 2022, there have been 797 applicants approved (324 principal applicants and 473 dependents). Guardian Angels: As of October 1, 2022, over 8,500 individuals have received permanent residence through this pathway, which includes family members of principal applicants.
• This public policy was renewed on January 3rd and doubled the number of eligible beneficiaries under the pilot to up to 1,000 out-of-status construction workers in the GTA, and extending the initiative until January 2, 2024. This means that the pilot will close either on January 2, 2024, or when 1,000 individuals have been accepted through this initiative, whichever comes first.

Contact:
STMB: Alexis Graham, Director
Lorra Thompson, Assistant Director
Approved by:

Background:

Undocumented Migrants

• An undocumented migrant is an individual who has no authorization to reside and/or work in Canada. The majority become undocumented by falling out-of-status when they cannot meet eligibility criteria for existing immigration programs after lawfully entering Canada, and have overstayed their authorized period of stay. Only a small portion of undocumented migrants are thought to have unlawfully entered, or were trafficked or smuggled into Canada.
• There are no accurate figures representing the number or composition of undocumented immigrants residing in Canada. Estimates from academic sources range between 20,000 and 500,000 persons, although there may be more.
• Undocumented work situations are known to present higher risks for employer abuse and exploitation due to informal work agreements that make accessing labor protections difficult. Undocumented workers are unlikely to report abuse to authorities for fear of deportation. Marginalization associated with a lack of status makes them vulnerable to exploitation. They often face weaker health and social outcomes, due to their lack of rights and access to services.

Attention on the Regularization Initiative

• Advocacy organizations have been vocal since the mandate letter commitment was announced, and are expected to continue calling for permanent residence for all undocumented migrants.
• The Migrant Rights Network traveled to Ottawa on November 14th with approximately 80 undocumented migrants to further advocate for the population. The Minister met with this group and reaffirmed the mandate letter commitment, indicating that policy development continues to be in progress. The group advocated for a program that is broad and inclusive, providing a pathway to permanent residence status regardless of how a person entered the country, noting that simple and clear eligibility criteria were important to build confidence in the community. They also flagged the necessity of a stay of removals to encourage individuals to come forward and ensure that they would not be removed during the application process. 
• In October, over 1,000 healthcare providers signed an open letter calling for a full regularization program. In November, over 1,000 educators did the same.
• The Migrant Rights Network, Oxfam Canada, Climate Action Network, Doctors of the World, and the Ligue des droits et Libertes held a news conference on September 14th to call on the Government to implement a comprehensive regularization program, which was followed by demonstrations in 12 cities across Canada on September 18th, including Toronto, Montreal, Vancouver, Edmonton, Ottawa, Sudbury, Charlottetown, Miramichi, Fredericton, Guelph, Clarksburg, and St. John’s.
• Media attention is likely to create greater public pressure for a more expansive initiative, particularly around the parameters and eligibility of the initiative.

Out of Status Construction Workers Public Policy

• This pathway originally took effect on January 2, 2020 and had an admissions cap of 500 principal applicants, plus their family members, to be granted permanent residence. The public policy was renewed on January 3rd, doubling the number of eligible beneficiaries under the pilot to up to 1,000 out-of-status construction workers in the GTA, and extending the initiative until January 2, 2024. This means that the pilot will close either on January 2, 2024, or when 1,000 individuals have been accepted through this initiative, whichever comes first.
• To qualify for the public policy, foreign nationals must have legally entered Canada as a temporary resident; continuously resided in Canada for at least five years; be currently working without authorization in the construction industry in GTA; and have accumulated, three years full-time work experience within the past five years in construction in the GTA in designated occupations. Applicants must also have a family member living in Canada who is a Citizen or permanent resident, or have a spouse or children in Canada (regardless of immigration status).
• Family members (spouse, partner, dependent child) of the principal applicants can be included in the application, whether they are inside or outside Canada. The principal applicant and family members must not be inadmissible for no other reasons than overstaying their status and working without authorization.
• Individuals who made a refugee claim in Canada and failed refugee claimants are not eligible.
• IRCC is working with the Canadian Labour Congress (CLC) to implement this public policy. They work in collaboration with IRCC by identifying eligible applicants and referring completed applications to IRCC.
• Where a removal order exists, it is stayed by the CBSA once the applicant has been determined to meet the conditions of the public policy (at the approval in principle stage). The stay of removal is in effect until a final decision is made on the permanent residence application.

Guardian Angels Public Policy

• In response to media reports and stakeholder interventions that drew attention to a number of pending and failed asylum claimants working in Canada’s health care sector during the COVID-19 pandemic, the Government put in place a pathway to permanent residence from December 14, 2020 to August 31, 2021 for these individuals who worked in direct patient care.
• The designated occupations that were included in this special measure were orderlies, nurses, nurses’ aides and patient service associates, assistant orderlies, and certain home support workers who provided direct care to patients.
• Individuals must have met a specific set of criteria to be eligible, including having been authorized to work in Canada and time working in the health-care sector during the pandemic. Individuals must also have met admissibility requirements, including those related to medical and security screening.
• Two temporary public policies were developed – one for refugee claimants wishing to reside outside Quebec, and the other for refugee claimants intending to reside in Quebec. Under the Canada–Quebec Accord, Quebec has sole responsibility for the selection of economic immigrants and resettled refugees destined to the province.
• IRCC worked closely with the CBSA to ensure appropriate security screening measures were completed and to minimize the risk of applicants being removed from Canada while their application was being considered.
• Eligible applicants with a pending claim could have their claim or appeal put on hold at the Immigration and Refugee Board of Canada until a decision on their permanent residence application was rendered.