IRCC Extended the Out-of-Status Construction Workers in the GTA Program

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BY GUNNESS & ASSOCIATES

February 16, 2025

On August 21, 2024, Immigration, Refugees, and Citizenship Canada (IRCC) announced a critical extension of its temporary policy that directly impacts out-of-status construction workers in the Greater Toronto Area (GTA). This program, a lifeline for hundreds of workers in the region, will now continue until December 31, 2024. As Canada faces a growing labor shortage in the construction industry, this extension provides a pathway for out-of-status workers to gain permanent residency, contributing to the nation’s economic strength while addressing key labor gaps.

Why This Policy Matters for Out-of-Status Construction Workers?

In a collaborative effort with the Canadian Labour Congress (CLC), IRCC launched the original program back in 2019. At the time, the initiative was focused on offering permanent residency to 500 out-of-status construction workers in the GTA. Due to its success and the ongoing labor shortages across Canada’s booming construction sector, the program’s capacity was expanded in 2023, raising the number of eligible applicants to 1,000.

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This extension brings much-needed stability to employers grappling with an urgent need for skilled labor and to out-of-status construction workers who have contributed significantly to Canada’s infrastructure without the security of legal status.

Who Is Eligible for the Program?

The program is designed specifically for out-of-status construction workers residing in the Greater Toronto Area. These workers must meet a set of criteria, including:

Proof of work experience in the construction industry in the GTA
Employment confirmation from a Canadian employer in the industry
Compliance with other eligibility requirements specified by the IRCC and the CLC.

This extension until December 31, 2024, provides ample time for additional workers to secure their residency status, opening doors for new opportunities and ensuring that Canada’s construction industry continues to thrive.

How This Extension Benefits Employers

Canada is facing critical shortages of construction workers, and employers are feeling the pressure. This extension helps employers retain skilled workers who may have been on the verge of losing their status in the country. By stabilizing their workforce, businesses can focus on growth and innovation without worrying about labor disruptions. Moreover, it alleviates some of the stress on recruitment by ensuring that experienced, out-of-status workers have a chance to regularize their status and continue contributing to the economy.

The Broader Impact on Canada’s Immigration and Labour Strategy

This temporary policy is part of Canada’s broader effort to modernize and humanize its immigration system. By recognizing the contributions of out-of-status workers, particularly in high-demand industries like construction, Canada is demonstrating a compassionate and strategic approach to addressing both humanitarian and economic needs. This program is a key step toward building a more inclusive workforce while tackling critical labor shortages.

Are construction workers eligible for PR in Canada?

Yes, construction workers can apply for permanent residency (PR) in Canada under different immigration streams. One such program was the temporary public policy for out-of-status construction workers in the Greater Toronto Area (GTA), which created a route to PR for those who had lost their legal status. This program, however, ended on December 31, 2024, and is no longer open to new applications.

For existing construction workers with valid status, avenues like the Provincial Nominee Program (PNP) and the Federal Skilled Trades Program (FSTP) are still open pathways to PR. These programs generally need a valid job offer and related work experience in the construction sector. It is important that applicants remain up to date with the current immigration policies and program requirements to assess their eligibility and the most appropriate route to permanent residency.

What to do if you are out of status in Canada?

Should you be out of status in Canada, it is important to address your situation as soon as possible in order to pursue possible options for regaining legal status. An option is to apply for a Temporary Resident Permit (TRP), which permits someone without status to stay in Canada under certain conditions. TRPs are usually given in exceptional situations and are valid for a short time. One is by spousal or common-law sponsorship; if you are actually in a relationship with a Canadian citizen or a permanent resident, they are allowed to sponsor you for permanent residency even though you are at present out of status.

It should be mentioned that some programs, like the temporary public policy for out-of-status construction workers in the Greater Toronto Area, have expired as of December 31, 2024, and are no longer open to new applications. In light of the complexity and possible risks involved in being out of status, it is strongly advised to seek the counsel of a skilled immigration attorney to review your particular situation and determine the best way forward.

What is GTA in immigration?

GTA in Canadian immigration means the Greater Toronto Area, comprising the city of Toronto and the regional areas of Peel, York, Durham, and Halton. GTA is one of the most important immigrant hubs because of its economic prospects and multicultural societies. It has been the target of several immigration streams, such as the recently closed public policy for out of status construction workers, which created a route to permanent residence for illegal construction workers. Although this program closed on December 31, 2024, other immigration streams like the Ontario Immigrant Nominee Program (OINP) and Express Entry still provide avenues for skilled workers to immigrate to the area.

What’s Next for Potential Applicants?

Eligible construction workers are encouraged to act quickly to take advantage of this program before the deadline on December 31, 2024. Those who qualify can secure permanent residency, gain access to full worker rights, and build a stable future for themselves and their families.

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If you want to know more details about “IRCC Extends Lifeline for Out-of-Status Construction Workers in the GTA,” you can contact one of our immigration specialists at Gunness & Associates.

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