Question Period Note: UNDOCUMENTED MIGRANTS

Regularizing the status of undocumented migrants

• IRCC recognizes the vulnerabilities and barriers that a lack of status creates for undocumented migrants as well as the social and economic benefits of regularization.
• While there are no plans for a broad-based regularization at this time, IRCC continues to explore options to regularize those without immigration status.
• IRCC has implemented initiatives over the past years to regularize the status on undocumented migrants. One such program was the Guardian Angels temporary public policy, put in place to provide permanent residence status to pending and failed refugee claimants who worked in direct patient care during the pandemic.
• Another current program is the Temporary Public Policy for Out-of-Status Construction Workers in the Greater Toronto Area, which addresses the vulnerabilities associated with their lack of status.

• The lessons learned from these pathways, along with the views and expertise of stakeholders, the academic community, and those with lived experience are being taken into account as we explore options for regularization.

If pressed:
• IRCC has also maintained a public policy, since 2005, to enable out-of-status spouses and common-law partners of Canadian citizens to apply for permanent residence.
• As of June 30 2024, approximately 1,075 applicants have been admitted (460 principal applicants and 610 dependents) through the Out of Status Construction Workers public policy. Extensions to this public policy were introduced to double the number of eligible beneficiaries and to extended its duration. The initiative will close either on December 31, 2024, or when 1,000 individuals have been accepted, whichever comes first.
• Over 9,100 individuals, including both principal applicants and family members, obtained permanent residence through the Guardian Angels public policy.
• Between February 2005 and May 2024, 86,495 individuals have benefitted from the Spousal Sponsorship public policy. Of these, 36,190 were spouses or common-law partners and 50,305 were their dependents.

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 suggest that the population could be as high as 500,000 persons.
• 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.

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. It was then extended an additional eleven months. This means that the pilot will close either on December 31, 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 applicant 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 and their family members.
• 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.
Spousal Sponsorship Public Policy

• Implemented in 2005, the public policy is currently in place to allow out-of-status spouses and common-law partners of a Canadian permanent resident or citizen to be sponsored as a member of the Family Class.
• The objective of this policy is to facilitate family reunification and facilitate processing in cases where spouse and common law partners are already living together in Canada, but where the foreign national who is in a genuine spousal or common-law relationship with a Canadian citizen or a permanent resident, lacks status.
• Once applicants are determined to meet the eligibility criteria, they are eligible to apply for work and study permits. Eligible individuals can come forward at anytime.

Path Forward
• Following extensive consideration and careful deliberations, the Government of Canada is ambitiously exploring options to build on existing pilot programs that regularize status, including those for undocumented workers who are contributing to key sectors of the Canadian economy, such as construction and healthcare. More details will be shared publicly when available.

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