HUMA - Out-of-Status Construction Workers Public Policy

Key messages

• The Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area recognizes the economic contributions of these workers and aims to address their vulnerability due to their lack of immigration status.
• The public policy is a small, one-time initiative that provides an opportunity for up to 500 construction workers without status to qualify for permanent residence.
• The Government is working with the Canadian Labour Congress to refer applicants with strong likelihood of meeting the eligibility requirements of the public policy.
• Eligible applicants may apply for a temporary resident permit and an open work permit to remain and continue working in Canada while their permanent resident application is processed and finalized.

Supplementary messages

• The problematique of unauthorized workers in Canada is a long-standing issue – CIMM and HUMA have studied this issue, acknowledging vulnerability of the population and complexity of the problem. Stakeholders have called for regularization.
• Limited data suggest that there are from 20,000 to 500,000 undocumented workers in Canada with half living in the Greater Toronto Area.
• There is demand for workers in the construction industry – 40% of Ontario’s construction jobs in 2017 were in the Greater Toronto Area and 22% of workforce expected to retire by 2026.
• This public policy is an opportunity to: support Canada’s economy in an in-demand sector; regularize a vulnerable group who has been working and contributing; ensure immigration status and workplace protections; and gather additional information about this population.

Impact of COVID-19

• While COVID-19 has impacted processing capacity across our networks, the processing of these applications continues.  Applications submitted during this time will be processed as capacity allows.
• Like most of IRCC’s other economic applicants, potential public policy applicants may also be facing layoffs as well as difficulties accessing language testing services.

Supporting facts and figures

• The public policy was implemented on January 2, 2020, and expires in January 2022, or once the limit of 500 principal applicants is reached.
• Potential applicants first identify themselves to the Canadian Labour Congress, in confidence, who will then refer those applicants with strong likelihood of meeting the eligibility requirements of the public policy to IRCC.
• Each applicant can include a spouse or common-law partner and dependent children in their application.