Update: Temporary policy for undocumented construction workers in the Greater Toronto Area (GTA) has been extended.

Update: The temporary policy for undocumented construction workers residing in the Greater Toronto Area (GTA) has been extended for another six months, until July 2, 2024.

Application process

To apply, all applicants must identify themselves with the Canadian Confederation of Labour (CLC) to determine if they meet the eligibility requirements of the public policy. The CLC will issue a letter of recommendation confirming that, after assessment, they appear to meet these requirements, except for the condition relating to eligibility for entry, and will forward the complete applications to IRCC.

IRCC will process all complete applications received from 30 July 2021, through 2 July 2024, or until 1000 principal applicants (along with their family members) are granted permanent residency status, whichever comes first.

Applications must be complete as required in Section 10 of the Refugee and Immigration Protection Regulations (IRPR) and in the application package to be considered eligible for processing. However, under public policy, family members included in the application who are outside Canada are exempt from Section 10(2)(c) — (i.e., the requirement to indicate the class specified by the IRPR for which the application is made). When submitting applications, the CLC will identify cases with active deportation orders by writing “urgent” on the envelope, to ensure priority processing at the receiving agency.

Applications received by IRCC on or before July 29, 2021, will continue to be processed under the provisions of the public policy in effect until that date. Pending applications that were not completed by July 29, 2021, will be processed under the more flexible eligibility requirements of the Interim Public Policy to Facilitate Access to Permanent Residency for Construction Workers Without Valid Status in the Greater Toronto Area (GTA).

Who can apply?

Principal candidate

Under the Temporary Public Policy to Facilitate Access to Permanent Residency for Construction Workers Without Valid Status in the GTA, an individual may apply if they meet the following eligibility requirements:

• entered Canada as a legal temporary resident.
• They must have continuously resided in Canada for at least 5 years as of the date they apply.
• At the time of CLC eligibility assessment, working without a work permit in the construction industry in the GTA and having accumulated, and being able to provide evidence of, 3 years of full-time work experience within the past 5 years in the construction industry in the GTA in the occupations listed in Appendix A
• Having family members (mother, father, siblings, grandparents, nieces, nephews, or cousins) living in Canada who are Canadian citizens or permanent residents, or having a spouse, partner, or children in Canada.
• There is one of the following two things
1. A letter of recommendation signed by CLC confirming that the applicant meets the above eligibility requirements or
2. The letter, signed by CLC, confirms that the applicant meets the eligibility requirements of the Interim Public Policy to Facilitate Access to Permanent Status for Construction Workers Without Valid Status in the GTA.
• Foreign nationals are not prohibited from entering the country, except under any of the following conditions:

1. Section 40(1)(a) of the Act, for reasons other than fraud relating to overstaying temporary resident status and working without entitlement
2. Section 41(a) of the Act, for reasons other than overstaying one's temporary residence and work status, does not grant entitlement.
3. Section 42 of the Act, where a family member is prohibited from entering under Section 40(1)(a), 41(a) or 42 of the Act, for reasons other than overstaying their temporary resident status and working or studying without entitlement.

However, it is the officer's final decision on whether the candidate meets the eligibility requirements.

Source: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/updates/2024-status-construction-gta.html

Advise

For those with specific interests or requiring in-depth support, KeyApply offers legal consultation services with a team of lawyers specializing in these particular programs, who are happy to assist with scheduling appointments.