The Government of Canada, having realized the significant contribution that undocumented construction workers have made to the economy, implemented a temporary public policy allowing 500 out-of-status construction workers to gain permanent resident status, provided they meet the requirements. From this group, 400 must have received prior authorization to work in the construction industry, lost their status and have declared their income to the Canada Revenue Agency. The remaining 100 are those workers who came to Canada as temporary residents but did not receive prior work authorization. The policy is set to end on January 1, 2022 or once 500 principal applicants (and their family members) have been granted permanent resident status, whichever comes first.

 

To be eligible to apply, candidates must be able to satisfy the requirements as set out in the public policy. All applicant must be able to demonstrate that they: legally entered Canada as a temporary resident and have continuously resided here for at least five years on the date of their application; are currently working without authorization in the construction industry in the Greater Toronto Area (GTA) and have accumulated three years of work experience within the past five years; have language ability at Canadian Language Benchmark 4 in all four language skill areas; have a relative residing in Canada who is a Canadian citizen or permanent resident, or have a spouse, common-law partner or child in Canada; have a referral letter signed by the Canadian Labour Congress (CLC) stating the conditions under the policy have been met; and they (nor their family members) are not inadmissible except pursuant to section 40(1)(a), 41 and 42 of the Immigration and Refugee Protection Act, and for no other reasons than overstaying their temporary resident status and working without authorization.

 

As previously noted, candidates who previously received authorization to work in the industry must be able to provide proof that they filed income tax returns or declared their income to the Canada Revenue Agency. Due to the cap on the number of candidates to be granted permanent resident status, applications will be prioritized based on the existence of a child or a spouse or common-law partner in Canada; the status of the child or spouse is not a consideration. Where a removal order has been issued, the same will be stayed if the application receives approval in principle and until a decision is made on the application.