The deadline for construction workers who are not in status to apply for permanent residency has been extended.

The temporary public policies to further facilitate Access to permanent resident statusRecently, the extension of the out-of-status construction worker program in Greater Toronto Area (GTA).

The public policy will now run until December 31, 2024, or until it reaches its cap of 1,000 applications – whichever one comes first.

This program was first launched on 2 January 2020 to meet regional labour market demands. According to Immigration, Refugees and Citizenship Canada(IRCC) and its subsequent extension “recognizes the economic contribution of foreign national construction workers currently employed in the GTA who have fallen out of status and have been working without authorization.”

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The policy will process temporary and permanent residence requests for 1,000 out of status workers and their families within the GTA. To apply, applicants do not need authorization to work in the GTA construction industry.

Who is eligible to apply?

Out-of-status is a term used to describe anyone who has come to Canada in the past with a valid immigration visa, but that status has now expired. This leaves them vulnerable to exploitation.

To be eligible to apply for this program, applicants must meet the following criteria.

• Legally entered Canada as temporary resident
• Have lived in Canada for five years or more;
• Worked in the GTA construction industry and can provide proof of 3 years of full time eligible experience in the last 5 years;
• Have family living in Canada
• Get a letter of referral by the Canadian Labour Congress.
• Except in rare cases, they or their family members are not inadmissible.

A delegated official will make the final decision on whether a candidate meets eligibility requirements.

How do you apply?

All applicants must contact the Canadian Labour Congress, which will determine if they meet the eligibility requirements.

The CLC then issues a referral after the assessment.

The IRCC will process the applications.

Construction industry is growing in demand

The update is in line to the growing demand of skilled trades, particularly those in construction. According to IRCC, the “construction industry continues to face significant labour shortages. A stable construction workforce will help ensure that housing and infrastructure projects are delivered.”

To meet growing demand, Canada launches category-based express entry draws focusing on growing sectors and occupations, including  trade occupations, in 2023.

Workers’ compensation benefits

On the other hand, this policy is also designed to help workers who have been contributing to Canada’s economy by filling a regional market need but are still vulnerable to being exploited due to being out-of-status.

As IRCC notes “Many undocumented construction workers may be unaware of their employment rights or hesitant to exercise them. These workers may not be benefiting from workplace regulations, such as health and safety inspections.”

By giving workers legal status, they can continue to contribute to the construction industry while also becoming more aware of their workplace rights.

Find out if you are eligible for Canadian immigration