By Sukhram Ramkissoon
In late 2019, a person from the Caribbean consulted my office to regularise his status in Canada as he and his wife were in this country for over 10 years without legal status. At his interview, my daughter, Cindy Ramkissoon-Shears, was notified that he was working in the construction industry for over five years and his wife was a caregiver. I will refer to these persons as Max and Carol.
Max came to Canada in 2011 and Carol followed in 2012, both as visitors. They remained as undocumented persons after the expiry of their statuses, and both have worked without authorization. They have a daughter and other close relatives in Canada. They never previously made any type of application to regularise their statuses.
A Temporary Public Policy for Out of Status Construction Workers in the Greater Toronto was implemented by the Government of Canada. As Max was a Construction Worker, he was advised that he may pursue this route as in our opinion he met all the eligibility requirements under the public policy for out of status construction workers. However, his eligibility under the policy had to be determined by the Canadian Labour Congress (CLC). He instructed our firm to proceed, and we commenced obtaining the relevant documents for the purposes of submitting this application, but due to COVID-19 there were delays in finalization.
When a person is making an application under this policy, an approval must be obtained from the CLC that the applicant meets the criteria, and they must provide a letter of referral before the applicant can proceed with an application for permanent residence. The CLC requested our office to submit the relevant application forms to their office in order to review the same. In October 2021, our office was notified by email that he is now eligible to make the application for permanent residence under the policy and obtained a letter of referral.
In our submissions, we submitted that according to the backgrounder for this type of application, an officer may grant permanent residence status to foreign nationals who meet the following conditions. As part of the process, we also enclosed applications for an open work permit for both Max and Carol. We pointed out that Max met the policy as he:
- Legally entered Canada as a temporary resident.
- Has continuously resided in Canada for at least five years on the date of their application.
- At the time of the eligibility assessment by the CLC, he was working without authorization in the construction industry in the GTA and has accumulated, was able to provide evidence of, three years’ full-time work experience within the past five years in construction in the GTA in the applicable occupations.
- Has family (mother, father, brother, sister, grandmother, grandfather, grandchild, aunt, uncle, niece, nephew, or cousin) living in Canada who are Canadian citizens or permanent residents, or has a spouse, common-law partner, or child in Canada.
- Has a referral letter signed by the CLC attesting that he meets the above eligibility conditions or a letter signed by the CLC attesting that the applicant meets the eligibility conditions of the Temporary Public Policy for Out-of-Status Construction Workers in the GTA; however, it is the delegated officer who will make the final determination whether the applicant meets the conditions (eligibility requirements); and they were not otherwise inadmissible other than remaining and working without status.
- Max last entered Canada in late 2011, as a visitor and a holder of a multiple entry visitor visa. He remained in Canada without extending his status nor previously applying for permanent residence. He has resided in Canada for almost ten (10) years without legal temporary status.
Max has been employed as a Drywall Installer since 2012, with a construction company. He was found by his employer to be reliable, honest, hardworking, skillful, and punctual. Max provides training and guidance to new staff, and his employer depend on him as a team leader.
His daughter has been a Permanent Resident of Canada since 2018 and is currently working as a PSW since 2019. She provided proof of her status in Canada, and we submitted that both applicants in this matter are not otherwise inadmissible in any manner. Carol last entered Canada on September 2012, and she did not extend her status nor previously apply for permanent residence and to date she remains without legal temporary status.
In January 2022, they were advised to complete biometrics and medicals and their applications were approved. They were both issued temporary resident permits and work permits until January 2023, so they may remain in Canada legally.
In late February 2022, they were issued their Permanent Residence status and were overjoyed and excited that they may continue establishing themselves and contributing to Canada.
SUKHRAM RAMKISSOON is a member of the College of Immigration Consultants of Canada and specialises in Immigration Matters at No. 3089 Bathurst Street, Suite 219A, Toronto, Ontario. Phone 416 7889 5756.