The Canadian government has introduced a temporary public policy aimed at facilitating access to permanent residency for out-of-status construction workers in the Greater Toronto Area (GTA). This policy is critical for workers who may have entered Canada legally but have since fallen out of status due to overstaying or unauthorized work. With a limited window until December 31, 2024, or until 1,000 applications are approved, eligible workers should apply as soon as possible.
Eligibility Criteria for Out-of-Status Construction Workers
To apply under this policy, construction workers must meet specific requirements:
- Entry and Residency: Applicants must have legally entered Canada as temporary residents and have continuously resided in Canada for at least five years at the time of application.
- Work Experience: They must be currently working without authorization in the construction industry in the GTA and have at least three years of full-time work experience in the last five years in one of the designated construction occupations.
- Family Connection: Applicants must have a close family member (e.g., parent, sibling, grandparent) living in Canada who is either a Canadian citizen or permanent resident, or a spouse, common-law partner, or child residing in Canada.
- Referral Letter: Applicants need a referral letter from the Canadian Labour Congress (CLC), certifying that they meet the eligibility criteria, excluding admissibility conditions.
- Inadmissibility Exceptions: The policy offers exceptions to inadmissibility for certain immigration violations, such as overstaying temporary resident status or working without authorization.
Application Process and Role of the Canadian Labour Congress
The application process begins with the Canadian Labour Congress (CLC), which assesses whether the applicant meets the policy’s eligibility criteria. The CLC will issue a referral letter if the worker qualifies, which is then submitted with the application to Immigration, Refugees, and Citizenship Canada (IRCC).
Applications must meet the specific requirements of the Immigration and Refugee Protection Regulations (IRPR), but family members outside Canada are exempt from certain IRPR regulations to facilitate their inclusion in the application.
Family Members and Permanent Residency
Family members, both inside and outside Canada, can be included in the principal applicant’s submission. To be eligible, family members must meet the definition of a family member under the IRPR and must not be inadmissible due to reasons other than overstaying their temporary status or working without authorization. Officers reviewing the application have the discretion to grant exemptions for family members in certain cases, allowing the issuance of permanent resident visas for dependants residing abroad.
This policy is a significant opportunity for out-of-status construction workers in the GTA to secure permanent residency and improve their quality of life in Canada. Since the application cap is limited to 1,000 workers, eligible individuals should begin their application process promptly to secure their spot.
Converting No Status to Permanent resident Status in Canada
If you have any questions about changing your status to permanent resident status under this policy, **or other pathways**, or if you need help navigating the application process, contact Chaudhary Law Office for expert advice. Visit ](https://www.chaudharylaw.com) for assistance in securing your future in Canada.
