The temporary public policy designed to make it easier for out-of-status construction workers in the Greater Toronto Area (GTA) to obtain permanent residency has been extended. This policy will now be in effect until December 31, 2024, or until it reaches its limit of 1,000 applications, whichever occurs first.
Initially introduced on January 2, 2020, to address regional labor market needs, this extension acknowledges the economic contributions of foreign construction workers currently working in the GTA without authorization, according to Immigration, Refugees and Citizenship Canada (IRCC).
The policy will focus on handling applications for temporary and permanent residency from 1,000 out-of-status workers and their families in the GTA. Applicants do not need to have authorization to work in construction in the GTA to be eligible.
Who is eligible?
Out-of-status individuals are those who initially entered Canada with valid immigration status that has since expired, putting them at risk of exploitation.
To qualify for this program, applicants must:
- Have entered Canada legally as a temporary resident.
- Have resided in Canada for a minimum of five years.
- Be employed in the construction industry in the GTA and provide evidence of three years of full-time eligible work experience within the past five years.
- Have family members residing in Canada.
- Obtain a referral letter from the Canadian Labour Congress (CLC).
- Not be inadmissible to Canada, with a few exceptions.
A delegated officer will make the final determination on whether an applicant meets these eligibility requirements.
What is the application process?
To apply, applicants must first reach out to the Canadian Labour Congress (CLC), which will assess whether they meet the eligibility criteria.
After the assessment, the CLC will provide a referral letter.
This referral letter will then be sent along with the application to Immigration, Refugees and Citizenship Canada (IRCC) for processing.
The extension underscores the increasing demand within the construction industry
This update reflects the rising need for skilled trades, particularly in the construction sector. According to IRCC, “the construction industry is experiencing substantial labor shortages. A stable workforce is essential to complete housing and infrastructure projects.”
In response to this increasing demand, Canada introduced category-based Express Entry draws in 2023, targeting expanding sectors and occupations, including trade roles.
Advantages for workers
This policy also aims to support workers who have been contributing to Canada’s economy by addressing regional labor shortages but are at risk of exploitation due to their out-of-status situation.
According to IRCC, “Many undocumented construction workers may not know their employment rights or may be reluctant to assert them. As a result, they may not be benefiting from workplace protections, such as health and safety inspections.”
Granting them legal status allows these workers to keep contributing to the construction industry while also becoming more informed about their workplace rights.
