Canada has introduced a temporary public policy aimed at expanding access to work permits for certain foreign nationals whose refugee claims have been found ineligible for referral to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB).
This measure is designed to prevent interruptions in work authorization while affected individuals transition through different stages of the asylum process.
How This Temporary Public Policy Supports Asylum Claimants
The newly introduced policy functions as a stopgap solution to address a gap created by Bill C-12, which received royal assent on March 26, 2026. This legislation introduced new rules that expand the number of asylum claims deemed ineligible for referral to the RPD.
The Existing Process
Under the current system:
- Foreign nationals whose refugee claims are found ineligible for RPD referral may, in most cases, still qualify to apply for a Pre-Removal Risk Assessment (PRRA).
- A PRRA evaluates the potential risks an individual may face if removed from Canada.
- Once an individual is notified that they are eligible to apply for a PRRA:
- Their removal order is temporarily stayed (put on hold)
- They may apply for a work permit
However, Immigration, Refugees and Citizenship Canada has identified a critical issue:
? There is often a delay between the ineligibility decision and PRRA notification, during which individuals are not authorized to work.
With the implementation of Bill C-12—resulting in more claims being classified as ineligible—this gap is expected to widen further.
What the New Policy Changes
This temporary public policy introduces a transitional solution to bridge that gap.
Under the policy:
- Asylum claimants may be issued a work permit even after their claim is found ineligible, provided:
- They have not yet received PRRA notification, and
- Their removal order has not yet been stayed
Additionally:
- Eligible individuals who apply for a work permit during this interim period may receive one before PRRA notification
- Individuals who already hold a work permit may be exempt from rules that would otherwise cancel it once their removal order becomes enforceable
Policy Objective
The primary goals of this temporary measure are to:
- Enable asylum claimants to maintain access to employment
- Support their ability to remain financially self-sufficient
- Reduce additional strain on provincial and territorial support systems during the transition period before PRRA eligibility
Eligibility Criteria
To qualify under this public policy, individuals must meet all of the following conditions:
- Have submitted a refugee claim that was deemed ineligible for referral to the RPD under applicable provisions of the Immigration and Refugee Protection Act
- Not be barred from applying for protection under section 112(2)(a)
- Have either:
- Submitted an application for a work permit, or
- Already hold a valid work permit
Important Clarification
- Section 112(2)(a) refers to situations where Canada has officially authorized the legal process to extradite an individual
Compliance Requirements
Foreign nationals benefiting from this public policy must still comply with:
- All applicable legal and regulatory requirements
- All admissibility conditions under Canadian law
Exceptions apply only where specifically provided under this or other public policies.
Duration and Revocation
- This is a temporary public policy, meaning it can be revoked at any time
- However, any applications submitted while the policy is in effect will continue to be processed under its provisions
Overview of Bill C-12
On March 26, 2026, Bill C-12, formally titled:
“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.
Key Changes Introduced by Bill C-12
Under this legislation, the following asylum claims are now ineligible for referral to the RPD of the IRB:
- Claims made more than one year after a person first entered Canada, if the entry occurred after June 24, 2020
- Claims made by foreign nationals who entered Canada via the Canada–United States border outside an official port of entry (“irregular crossings”), if the claim is filed 14 days or more after entry
Retroactive Application
These ineligibility rules apply retroactively to claims made on or after June 3, 2025.
Final Analysis
This temporary public policy represents a targeted response to operational gaps created by recent legislative changes. By allowing eligible individuals to apply for or retain work permits during the interim period, the Canadian government aims to ensure continuity in employment access while maintaining the broader integrity of its immigration system.
At the same time, the policy reflects a balancing approach—addressing humanitarian and economic considerations without altering the underlying framework introduced by Bill C-12.