Ministerial Instructions 31 (MI31): Ministerial Instructions for out-of-status construction workers in the Greater Toronto Area

The objective of these instructions is to grant foreign nationals (and their family members ) applying to the Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area the authorization to remain in Canada, when applicable, while their application for permanent residence is processed. Pursuant to subsection 24(3) of the Immigration and Refugee Protection Act (Act), I hereby issue the following instructions which will take effect on January 2, 2020:

An officer assessing an application for a Temporary Resident Permit (TRP) for a foreign national who has submitted an application for permanent residence under the Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area is justified in issuing a TRP, valid for at least six months, if they are of the opinion that it is justified in the following circumstances:

• The foreign national (and family members) are inadmissible only pursuant to any of the following: paragraph 40(1)(a) and sections 41, 42 of the Act, and for no other reasons than overstaying their temporary resident status and working without authorization; and
• The application for permanent residence includes a referral letter from the Canadian Labour Congress attesting that the applicant meets the public policy conditions.

Family members are defined as persons who meet the definition of a “family member” in subsection 1(3) of the Immigration and Refugee Protection Regulations (Regulations) as assessed by a delegated officer.

When the TRP is issued for more than six months, the foreign national will also be allowed to apply for an open work permit under paragraph R208(b) of the Regulations. In cases where the TRP holder is authorized to work or study, the validity of the work permit or study permit should be the same as the TRP.

Should additional inadmissibilities be discovered during the processing of the application for permanent residence, an officer may cancel this TRP and prepare a report under section 44 of the Act.

A TRP may be cancelled at any time and there is no guarantee that it will be valid for the entire duration of the processing of the permanent resident application or that a subsequent TRP will be issued. A TRP holder must leave Canada upon cancellation of their TRP by an officer. A TRP is no longer valid if the TRP holder leaves Canada and does not have authorization to re-enter, or becomes a permanent resident of Canada.

A TRP does not void, stay, or otherwise suspend the enforcement of a removal order, whether that removal order was issued before or after the foreign national applied under the public policy.