IMMigration News

Permanent Residence for out-of-status construction workers in GTA

The Canadian Labour Congress (CLC) is working with Immigration, Refugees and Citizenship Canada (IRCC) to process at least another 500 applications for permanent residence for out-of-status construction workers in the GTA in 2023.

This new 2023 policy will have the CLC processing applications to 1,000 principal applicants including the principal applicants whose applications have already been previously approved by IRCC under the Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area and the Temporary Public Policy to Further Facilitate Access to Permanent Resident Status for Out-of-Status Construction Workers in the Greater Toronto Area.Out-of-status workers are people who have come to Canada with valid temporary residence status, but have fallen out of status for various reasons, and have found employment in the construction industry. Without status, these workers have continued to fill labour shortages, while contributing greatly to our society and economy. However, fear of detection, detainment and deportation drives these workers and their families “underground,” often limiting their access to social programs and making them vulnerable to employer exploitation and abuse.

Eligibility Criteria:

Foreign National who:

  1. legally entered Canada as a temporary resident;
  2. has continuously resided in Canada for at least five years on the date of their application;
  3. at the time of the eligibility assessment by the Canadian Labour Congress (CLC), is working without authorization in the construction industry in the GTA and has accumulated, and be able to provide evidence of, three years full-time work experience within the past five years in construction in the GTA in the occupations referenced in Annex A;
  4. has family (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;
  5. has a referral letter signed by the CLC attesting that the applicant meets the above eligibility conditions; however, it is the delegated officer who will make the final determination whether the applicant meets the conditions (eligibility requirements); and
  6. is not inadmissible other than pursuant to any of the following:
    1. paragraph 40(1)(a) of the Act for no other reasons than misrepresentation related to overstaying their temporary resident status and working without authorization;
    2. paragraph 41(a) of the Act for no other reasons than overstaying their temporary resident status and working without authorization;
    3. 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.

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