Canada expands work permit access for some asylum claimants
Canada has introduced a temporary public policy enabling certain foreign nationals to obtain or retain open work permits after their refugee claims are deemed ineligible for referral to the Refugee Protection Division (RPD).
The measure aims to address a gap that can arise between an ineligibility decision and the next stage of the immigration process. During this period, affected individuals may otherwise lose authorization to work.
The policy follows recent legislative amendments that changed eligibility rules for asylum claims, resulting in a higher number of ineligible cases.
- Temporary policy targets gaps in work authorization after ineligible asylum decisions
- Applies to individuals waiting for Pre-Removal Risk Assessment notification
- Allows issuance or retention of open work permits during interim period
- Linked to legislative changes under Bill C-12
- Includes eligibility criteria under immigration law provisions
- Policy can be revoked but active applications will still be processed
Temporary policy addresses work authorization gap
Immigration, Refugees and Citizenship Canada (IRCC) introduced the measure to manage a processing gap affecting some asylum claimants. This gap can occur after a claim is ruled ineligible for referral to the RPD but before the individual is formally invited to apply for a Pre-Removal Risk Assessment (PRRA).
During this interval, individuals may be unable to legally work, as existing rules tie work permit eligibility to specific stages of the refugee and removal process. Officials have indicated that recent legislative changes are expected to increase the number of individuals affected by this situation.
The temporary public policy enables eligible individuals to apply for an open work permit even before receiving PRRA notification. It also allows certain individuals to maintain an existing work permit despite changes in their removal status.
How the interim measure operates
Under standard procedures, individuals whose asylum claims are not referred to the RPD are typically directed toward a PRRA process. This assessment evaluates the potential risks an individual could face if removed from Canada.
Once notified that a PRRA can be pursued, a removal order is usually paused, and the individual becomes eligible to apply for a work permit. However, administrative delays can mean a period where no work authorization is available.
The new policy allows work permits to be issued earlier in this process. It also creates an exemption from rules that would otherwise cancel existing work permits when a removal order becomes enforceable.
Eligibility requirements under the policy
To qualify for the temporary measure, individuals must meet specific conditions established under the Immigration and Refugee Protection Act. These conditions are based on the individual’s claim status and legal admissibility.
An applicant must have submitted a refugee claim that has been deemed ineligible for referral to the RPD under the applicable legislative provisions. In addition, the individual must not be subject to restrictions outlined in section 112(2)(a), which relates to formal extradition processes.
Eligibility also requires that the individual has either applied for a work permit or already holds one at the time the policy is applied. All other admissibility and regulatory criteria continue to apply unless an exemption is explicitly provided.
Authorities have stated that while the policy is temporary, any applications submitted while it remains in effect will continue to be processed under its provisions.
Legislative background and recent changes
The policy follows the passage of Bill C-12, which received royal assent on March 26, 2026. The legislation introduced new measures related to border security and the integrity of Canada’s immigration system.
Among its provisions are revised rules determining when an asylum claim can be referred to the RPD. These changes have expanded the categories of claims considered ineligible for referral.
Under the updated framework, claims made more than one year after entry into Canada following June 24, 2020, are not eligible for referral. In addition, claims made by individuals who crossed the Canada–United States border outside an official entry point and submitted a claim 14 days or more after entry are also excluded.
These criteria apply retroactively to claims submitted on or after June 3, 2025, increasing the number of cases affected by ineligibility determinations.
Impact of increased ineligibility findings
The legislative amendments have resulted in more individuals being directed toward alternative processes, such as PRRA, rather than the standard refugee determination system. This shift has contributed to administrative timing gaps between different procedural stages.
IRCC has stated that the temporary public policy is intended to provide continuity in work authorization during these transitions. It also aims to reduce reliance on provincial and territorial support systems by enabling individuals to maintain employment.
The measure reflects an operational response to the increased volume of ineligible claims following the legislative changes.
Public relevance and administrative considerations
The introduction of this temporary measure affects foreign nationals navigating Canada’s asylum system whose claims do not proceed to the RPD. It addresses a specific administrative challenge tied to processing timelines rather than altering eligibility for protection itself.
By allowing access to work permits during an interim phase, the policy maintains consistency in employment authorization while individuals await further procedural steps.
Officials have indicated that the policy remains subject to change or revocation. However, its current application is intended to manage operational pressures associated with recent reforms.
Further updates related to Canada’s immigration and asylum processing framework continue to be monitored as legislative and administrative measures evolve.