Education

Out Of Status Toronto Construction Workers Can Continue To Apply For Permanent Residency

Published on July 7, 2024

Canada has extended the deadline for applications for permanent residence of out-of-status construction workers in the Greater Toronto Area.

It will allow 1,000 principal applicants and their accompanying relatives to make Canada their home.

“This temporary public policy takes effect on July 3, 2024, and applies to applications received by Immigration, Refugees and Citizenship Canada (IRCC) on or after that date,” notes the IRCC website.

“This public policy will end on Dec. 31, 2024 or once 1,000 principal applicants (plus their accompanying family members) have been granted permanent residence, whichever comes first.”

This Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area (GTA) first came out on Jan. 2, 2020.

It was updated in July the following year with the Temporary Public Policy to Further Facilitate Access to Permanent Resident Status for Out-of-Status Construction Workers in the Greater Toronto Area (GTA), which expired three years later.

Several extensions to that temporary policy had it due to expire on July 2 this year.

“These public policies were developed to recognize the economic contribution of long-term resident construction workers and has sought to regularize individuals who have been contributing to the Canadian economy by filling a regional labour market need,” notes the IRCC.

“At the same time, they addressed the vulnerable position of these workers due to their lack of immigration status.”

Temporary foreign workers covered under this policy include those employed under the following National Occupational Classification (NOC) system codes:

From Major Group 72:

NOC 72010 – Contractors and supervisors, machining, metal forming, shaping and erecting trades and related occupations
NOC 72011 – Contractors and supervisors, electrical trades and telecommunications occupations
NOC 72012 – Contractors and supervisors, pipefitting trades
NOC 72013 – Contractors and supervisors, carpentry trades
NOC 72014 – Contractors and supervisors, other construction trades, installers, repairers and servicers
NOC 72020 – Contractors and supervisors, mechanic trades
NOC 72021 – Contractors and supervisors, heavy equipment operator crews
NOC 72022 – Supervisors, printing and related occupations
NOC 72023 – Supervisors, railway transport operations
NOC 72024 – Supervisors, motor transport and other ground transit operators
NOC 72100 – Machinists and machining and tooling inspectors
NOC 72101 – Tool and die makers
NOC 72102 – Sheet metal workers
NOC 72103 – Boilermakers
NOC 72104 – Structural metal and platework fabricators and fitters
NOC 72105 – Ironworkers
NOC 72106 – Welders and related machine operators
NOC 72200 – Electricians (except industrial and power system)
NOC 72201 – Industrial electricians
NOC 72202 – Power system electricians
NOC 72203 – Electrical power line and cable workers
NOC 72204 – Telecommunications line and cable installers and repairers
NOC 72205 – Telecommunications equipment installation and cable television service technicians
NOC 72300 – Plumbers
NOC 72301 – Steamfitters, pipefitters and sprinkler system installers
NOC 72302 – Gas fitters
NOC 72310 – Carpenters
NOC 72311 – Cabinetmakers
NOC 72320 – Bricklayers
NOC 72321 – Insulators
NOC 72400 – Construction millwrights and industrial mechanics
NOC 72401 – Heavy-duty equipment mechanics
NOC 72402 – Heating, refrigeration and air conditioning mechanics
NOC 72403 – Railway carmen/women
NOC 72404 – Aircraft mechanics and aircraft inspectors
NOC 72405 – Machine fitters
NOC 72406 – Elevator constructors and mechanics
NOC 72410 – Automotive service technicians, truck and bus mechanics and mechanical repairers
NOC 72411 – Auto body collision, refinishing and glass technicians and damage repair estimators
NOC 72420 – Oil and solid fuel heating mechanics
NOC 72421 – Appliance servicers and repairers
NOC 72422 – Electrical mechanics
NOC 72423 – Motorcycle, all-terrain vehicle and other related mechanics
NOC 72429 – Other small engine and small equipment repairers
NOC 72500 – Crane operators
NOC 72501 – Water well drillers
NOC 72999 – Other technical trades and related occupations

From Major Group 73:

NOC 73100 – Concrete finishers
NOC 73101 – Tilesetters
NOC 73102 – Plasterers, drywall installers and finishers and lathers
NOC 73110 – Roofers and shinglers
NOC 73111 – Glaziers
NOC 73112 – Painters and decorators (except interior decorators)
NOC 73113 – Floor covering installers
NOC 73200 – Residential and commercial installers and servicers
NOC 73310 – Railway and yard locomotive engineers
NOC 73311 – Railway conductors and brakemen/women
NOC 73400 – Heavy equipment operators
NOC 73401 – Printing press operators
NOC 73402 – Drillers and blasters – surface mining, quarrying and construction

From Major Group 75:

NOC 75110 – Construction trades helpers and labourers

“This pilot program is a significant step forward in addressing critical labour shortages for the Greater Toronto Area by supporting stability in the construction industry and bringing workers out of the underground economy,” said then-Immigration Minister Sean Fraser when the program was announced.

Construction Industry Is Still Facing Major Labour Shortages In Canada

Ottawa’s rationale for this temporary policy to give permanent residence to these out-of-status construction workers is that Canada needs their skills and labour to help build the needed housing and infrastructure in the country’s biggest city.

“The construction industry continues to face significant labour shortages,” notes the IRCC.

“A stable construction workforce will help ensure that housing and infrastructure projects are delivered. Reports indicate that this workforce has been supported for many years, in part, by long-term residents who have fallen out of immigration status and are operating in the underground economy.

“Providing an opportunity to become permanent residents addresses the vulnerability of this undocumented population and allows them to continue to contribute to the construction sector with legal status. Many undocumented construction workers may be unaware of their employment rights or are hesitant to exercise them. These workers may not benefit from workplace regulations, such as health and safety inspections.”

When the program was announced four years ago, construction industry employers and the sector’s labour unions in the GTA were delighted.

“The Canadian Labour Congress (CLC) is pleased to continue assisting another 500 out-of-status construction workers and their immediate families in finding a pathway to permanent residence that will end the insecure nature of their employment and immigration status in 2023,” said Bea Bruske, president of the Canadian Labour Congress (CLC).

“The out-of-status construction workers contribute greatly to the economy and society and continue to fill labour shortages. Without status, the workers live and work in fear of detection, detainment and deportation. Out-of-status workers are vulnerable to employer exploitation and abuse and they and their families live with limited access to education, health and social programs.”

The labour union president said the organization is proud to contribute to building the momentum and work towards a broad regularization program for undocumented people in Canada with the out-of-status construction workers in the GTA initiative.

Canada’ immigration department teamed up with Canadian Labour Congress (CLC) in 2019 to launch a permanent residence pilot program for 500 out of status workers in the construction industry in the GTA.

Under the pilot, applicants who have significant work experience in construction occupations in the GTA, family members in Canada, a referral letter from the CLC and no reason for being inadmissible other than overstaying their work permit and working without authorization may be able to apply for permanent residence in Canada.

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