The government of Canada has implemented a temporary public policy to facilitate access to permanent permanence for out-of-status construction workers in the Greater Toronto Area (GTA).
People who have come to Canada with valid temporary residence status and have found employment in the construction industry, but have also lose their status in Canada, are eligible candidates to apply for permanent residence under this public policy. Out-of-status construction workers might also include people with a job offer in the construction industry in the GTA who entered Canada as tourists or visitors but have lost their status while remaining inside the country.
Open Work Permit
Eligible candidates can apply for permanence residence under this public policy and request temporary residence as well as an open work permit or study permit, as the case may be, while their application is being processed.
An open work permit is a temporary permit which allows its holder to work for any employer in Canada for a certain period of time. This permit also allows its holder to work as self-employed. An Immigration lawyer can help you to apply for an open work permit.
Once the applicant has been approved in principle under this temporary public policy, a stay of removal, if applicable, and a temporary resident permit will ensue. With this last document, the out-of status construction worker can apply for open work permit.
It is worth noting that the applicant can only apply for an open work permit if he is issued with a temporary resident permit valid for 6 months or longer. If successful, the validity of such open work permit or study permit should be that of the temporary residence permit.
A qualified and experienced immigration lawyer could assist you with your open work permit application and with your entire permanent residence application.
One advantage of this public policy is that also the family members of out-of status construction workers are eligible to apply for an open work permit or study permit. This, again, if their temporary residence permit is used for 6 months or longer and if they meet the definition of the Immigration and Refugee Protection Act.
Open work permits under this public policy will be issued if the following criteria is met:
- The applicant must be only inadmissible to Canada pursuant to the applicable provisions of the IRPA for overstaying their temporary resident status and working without authorization.
- The applicant’s family members must be only inadmissible to Canada pursuant to the applicable provisions of the IRPA for overstaying their temporary resident status and working or studying without authorization.
For more information, contact our immigration law office today!