ɫ�����

The temporary public policy to further facilitate for out-of-status construction workers in the Greater Toronto Area (GTA) has recently been extended.

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 first launched on January 2, 2020, to fill regional labour market demand. According to (IRCC), 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.”

The policy will aim to process both temporary and permanent residence applications for 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 apply.

Who is eligible?

Out-of-status refers to anyone who might have come to Canada with a valid immigration status that has since lapsed, leaving them vulnerable to exploitation.

To be eligible for this program, an applicant must meet the following criteria:

• Legally entered Canada as a temporary resident;
• Lived in Canada for at least five years;
• Is working in construction industry in the GTA and able to provide proof of three years of full-time eligible experience within the last five years;
• Have family living in Canada;
• Get a referral letter by the Canadian Labour Congress (CLC)
• They or their family is not inadmissible, barring few exceptions.

A delegated officer will make the final call on whether an applicant meets eligibility requirements.

How can you apply?

All applicants need to contact the Canadian Labour Congress which will work to determine if the applicant meets the eligibility conditions.

The CLC will then issue a referral letter following the assessment.

Applications will then be forwarded to the IRCC to be processed.

Extension highlights growing demand in the construction industry

The update is in line with growing demand for skilled trades, especially those in the construction industry. 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 launched category-based Express Entry draws focusing on growing sectors and occupations, including  trade occupations, in 2023.

Benefits for workers

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 them legal status, workers are able to continue contributing to the construction sector while also being more aware of their rights in the workplace.