Canada broadens work permit access for ineligible asylum claimants
Canada has introduced a temporary public policy to help certain foreign nationals in Canada obtain or keep open work permits after their refugee claims are found ineligible for referral to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB).
The measure is intended to prevent gaps in work authorization while affected individuals move between different stages of the asylum process.
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How does this temporary public policy help asylum claimants?
The public policy is a stopgap measure intended to address a gap created by Bill C-12, which received royal assent on March 26, 2026, and introduced new asylum claim ineligibility rules.
Under the current process, foreign nationals who find their claim ineligible for referral to the RPD may (in most cases) be eligible to apply for a Pre-Removal Risk Assessment (PRRA). A PRRA considers the risk an individual will face if they are removed from Canada. If an individual is notified that they may make a PRRA, their removal order is put on hold, and they may apply for a work permit.
However, Immigration, Refugees and Citizenship Canada (IRCC) notes there can be a delay between an ineligibility finding and PRRA notification, wherein asylum claimants are unable to work. This gap is expected to grow due to the passing of Bill C-12, which has made more claims ineligible.
This new temporary public policy is a transitional measure to deal with this issue.
Under it, an asylum claimant who applies for a work permit may be issued one even if their claim has been determined to be ineligible to be referred, but before they are notified that they may apply for a PRRA, and before their removal order has been put on hold.
Under the policy, eligible claimants who apply for a work permit may receive one before PRRA notification, and eligible claimants who already hold a work permit may be exempt from the rule that would otherwise cancel it when their removal order becomes enforceable
IRCC has implemented this public policy to help asylum claimants access employment and support themselves financially during this interim period, while also avoiding additional pressure on provincial and territorial services before the PRRA application process begins.
To qualify under the policy, an individual must:
- have made a refugee claim that was found ineligible for referral to the RPD under the listed provisions of the Immigration and Refugee Protection Act;
- not be barred from applying for protection under *section 112(2)(a); and
- have submitted a work permit application or already hold a work permit.
*Section 112(2)(a) refers to Canada officially authorizing the legal process to extradite someone.
Foreign nationals covered by this public policy must still comply with all other legal, regulatory, and admissibility requirements, except where an exemption applies under this or another public policy.
The public policy may be revoked at any time, but applications received while it remains in force will continue to be processed under it.
About Bill C-12
On March 26, Bill C-12, "An Act respecting certain measures relating to the security of Canada's borders and the integrity of the Canadian immigration system and respecting other related security measures," received royal assent.
Under these new reforms, the following claims are no longer eligible to be referred to the RPD of the IRB:
- Those made over a year after a person first entered Canada after June 24, 2020; and
- Those made by foreign nationals who have crossed into Canada from the Canada-United States border outside a port of entry (“irregular crossings”) 14 or more days after their entry.
These two grounds for ineligibility for asylum apply retroactively to claims made on or after June 3, 2025.
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