Construction workers without residency status in the Greater Toronto Area (GTA)

Out-of-status construction workers in the GTA: What do you need to know?

Canada previously had a temporary public policy for certain construction workers who lost their legal status but had been living and working in the Toronto area for a long time. The policy created an opportunity to apply for permanent residence for eligible individuals and certain family members, through a referral process by the Canadian Labour Congress (CLC) and final approval by IRCC.

The GTA in this policy includes the city of Toronto and the regions of Durham, Halton, Peel, and York.

Is the program still open?

No. The deadline was December 31, 2024. Do not rely on old application forms, calls for applications, or quota figures to believe that it is still possible to apply.

Individuals who submitted valid applications before the deadline should continue to monitor IRCC notices, requests for additional documentation, and application status. Having submitted an application does not guarantee the granting of PR or automatic work authorization.

Historical conditions of the closed policy

During the final phase of the program, the main conditions included:

• Entered Canada legally as a temporary resident but subsequently lost legal status.
• Resided continuously in Canada for at least 5 years at the time of application.
• Working without a permit in the construction industry in the GTA and possessing 3 years of full-time work experience within the previous 5 years, in specified occupations.
• Had family ties in Canada that met the policy's requirements.
• Referred by the Canadian Labour Congress (CLC); IRCC was the final decision-making authority.
• Met admissibility requirements and other policy criteria.

These are reference conditions of the closed program, not criteria for submitting new applications in 2026.

What if you are currently without legal status in Canada?

There is no automatic PR program for everyone who has worked in the construction industry or has been in Canada for many years. One must individually evaluate immigration history, the date status expired, work history, family circumstances, IRCC/CBSA decisions, and relevant humanitarian factors.

• Restoration of status: Can only be considered if within the statutory deadline and if requirements are met; not all expired cases are eligible for restoration.
• Humanitarian and Compassionate (H&C): May require an assessment of factors such as the level of establishment in Canada, family circumstances, the best interests of affected children, and the hardship of returning. H&C is not an automatic right to PR, and submitting an application does not automatically stay a removal order.
• Temporary Resident Permit (TRP): An exceptional measure considered based on specific circumstances; it is not granted automatically simply because a person has lost their status.
• Economic or family immigration pathways: Only appropriate when the applicant truly meets the conditions of the specific program, including requirements regarding legal status and admissibility.

Documents to prepare when consulting with KeyApply

• Passports, visas, previous work/study permits/visitor records, and their expiry dates.
• Immigration history, previously submitted IRCC applications, and decision letters or requests for additional information.
• Employment records: confirmation letters, contracts, pay stubs, T4s, tax filings, and evidence of construction experience if available.
• Information regarding spouses, children, or relatives in Canada and documents proving these relationships.
• If applicable: documents related to CBSA, departure orders, reporting obligations, or previous refugee or H&C files.

Frequently Asked Questions

Official information

IRCC – Closed GTA Program | Final policy document