Question Period Note: UNDOCUMENTED MIGRANTS

Regularizing the status of undocumented migrants

• IRCC is exploring options to implement an initiative that will regularize those without immigration status who have been contributing to Canadian communities.

• IRCC is assessing outcomes of previous regularization programs to inform a future initiative.

• One current program is the Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area, which recognizes the economic contributions of workers in the construction industry while addressing vulnerabilities associated with their lack of status.

• Another was the Guardian Angels temporary public policy, put in place during the pandemic, to provide a permanent residence pathway for pending and failed refugee claimants who worked in direct patient care, and their family members.

• We value our ongoing dialogue with stakeholder organizations, such as the Canadian Council for Refugees, Migrant Rights Network, the academic community, as we seek to regularize undocumented migrants to ensure that the voices of those with lived experience are taken into account.

If pressed:
• Out of Status Construction Workers: As of July 31, 2023, 992 applicants have been admitted (427 principal applicants and 565 dependents). Guardian Angels resulted in over 8,500 individuals obtaining permanent residence through this pathway, which includes family members of principal applicants.

• The Out of Status Construction Worker public policy was renewed on January 3, 2023 and doubled the number of eligible beneficiaries to 1,000 out-of-status construction workers in the GTA, and extending the initiative until January 2, 2024. This means that the pilot will close either on January 2, 2024, or when 1,000 individuals have been accepted through this initiative, whichever comes first.

Undocumented Migrants
• An undocumented migrant is an individual who has no authorization to reside and/or work in Canada. The majority become undocumented by falling out-of-status when they cannot meet eligibility criteria for existing immigration programs after lawfully entering Canada, and have overstayed their authorized period of stay. Only a small portion of undocumented migrants are thought to have unlawfully entered, or were trafficked or smuggled into Canada.
• There are no accurate figures representing the number or composition of undocumented immigrants residing in Canada. Estimates from academic sources range between 20,000 and 500,000 persons, although there may be more.
• Undocumented work situations are known to present higher risks for employer abuse and exploitation due to informal work agreements that make accessing labor protections difficult. Undocumented workers are unlikely to report abuse to authorities for fear of deportation. Marginalization associated with a lack of status makes them vulnerable to exploitation. They often face weaker health and social outcomes, due to their lack of rights and access to services.
Attention on the Regularization Initiative
• Advocacy organizations have been vocal since the previous mandate letter commitment was announced in December 2021..
• The Migrant Rights Network traveled to Ottawa on November 14, 2022 with approximately 80 undocumented migrants to further advocate for the population.
• The group advocated for a program that is broad and inclusive, providing a pathway to permanent residence status regardless of how a person entered the country, noting that simple and clear eligibility criteria were important to build confidence in the community. They also flagged the necessity of a stay of removals to encourage individuals to come forward and ensure that they would not be removed during the application process.
• In October 2022, over 1,000 healthcare providers signed an open letter calling for a full regularization program. In November, over 1,000 educators did the same.
• The Migrant Rights Network, Oxfam Canada, Climate Action Network, Doctors of the World, and the Ligue des droits et Libertes held a news conference on September 14, 2022 to call on the Government to implement a comprehensive regularization program, which was followed by demonstrations in 12 cities across Canada on September 18, including Toronto, Montreal, Vancouver, Edmonton, Ottawa, Sudbury, Charlottetown, Miramichi, Fredericton, Guelph, Clarksburg, and St. John’s.
Out of Status Construction Workers Public Policy
• This pathway originally took effect on January 2, 2020 and had an admissions cap of 500 principal applicants, plus their family members, to be granted permanent residence. The public policy was renewed on January 3, 2023, doubling the number of eligible beneficiaries under the pilot to up to 1,000 out-of-status construction workers in the GTA, and extending the initiative until January 2, 2024. This means that the pilot will close either on January 2, 2024, or when 1,000 individuals have been accepted through this initiative, whichever comes first.
• To qualify for the public policy, foreign nationals must have legally entered Canada as a temporary resident; continuously resided in Canada for at least five years; be currently working without authorization in the construction industry in GTA; and have accumulated, three years full-time work experience within the past five years in construction in the GTA in designated occupations. Applicants must also have a family member living in Canada who is a Citizen or permanent resident, or have a spouse or children in Canada (regardless of immigration status).
• Family members (spouse, partner, dependent child) of the principal applicants can be included in the application, whether they are inside or outside Canada. The principal applicant and family members must not be inadmissible for no other reasons than overstaying their status and working without authorization.
• Individuals who made a refugee claim in Canada and failed refugee claimants are not eligible.
• IRCC is working with the Canadian Labour Congress (CLC) to implement this public policy. They work in collaboration with IRCC by identifying eligible applicants and referring completed applications to IRCC.
• Where a removal order exists, it is stayed by the CBSA once the applicant has been determined to meet the conditions of the public policy (at the approval in principle stage). The stay of removal is in effect until a final decision is made on the permanent residence application.
Guardian Angels Public Policy
• In response to media reports and stakeholder interventions that drew attention to a number of pending and failed asylum claimants working in Canada’s health care sector during the COVID-19 pandemic, the Government put in place a pathway to permanent residence from December 14, 2020 to August 31, 2021 for these individuals who worked in direct patient care.
• The designated occupations that were included in this special measure were orderlies, nurses, nurses’ aides and patient service associates, assistant orderlies, and certain home support workers who provided direct care to patients.
• Individuals must have met a specific set of criteria to be eligible, including having been authorized to work in Canada and time working in the health-care sector during the pandemic. Individuals must also have met admissibility requirements, including those related to medical and security screening.
• Two temporary public policies were developed – one for refugee claimants wishing to reside outside Quebec, and the other for refugee claimants intending to reside in Quebec. Under the Canada–Quebec Accord, Quebec has sole responsibility for the selection of economic immigrants and resettled refugees destined to the province.
• IRCC worked closely with the CBSA to ensure appropriate security screening measures were completed and to minimize the risk of applicants being removed from Canada while their application was being considered.
• Eligible applicants with a pending claim could have their claim or appeal put on hold at the Immigration and Refugee Board of Canada until a decision on their permanent residence application was rendered.

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