Canada Expands Work Permit Access for Previously Ineligible Asylum Claimants

Canada has introduced a temporary policy to help some asylum seekers keep or obtain work permits after officials find their refugee claims ineligible.

The move aims to prevent gaps that stop people from working while they move through different stages of the asylum process. Officials want to ensure that affected individuals can support themselves during this uncertain period.

Bridging the Work Gap

The government introduced this measure as a short-term solution after recent legal changes. New rules under Bill C-12, which became law on March 26, 2026, made more refugee claims ineligible for review.

Under current rules, when authorities reject a claim for referral, individuals may still apply for a Pre-Removal Risk Assessment (PRRA). This process looks at the dangers a person could face if Canada removes them.

Once officials notify someone that they can apply for a PRRA, they pause the person’s removal order. At that stage, the individual can also apply for a work permit.

However, officials say a delay often occurs between the time a claim becomes ineligible and the moment a person receives PRRA notification. During this gap, many asylum seekers cannot work legally.

Authorities expect this problem to grow after the new law increased the number of ineligible claims.

What the New Policy Allows

The temporary policy allows certain asylum seekers to apply for and receive work permits even before they get PRRA notification.

Under this measure, eligible individuals can continue working or regain the right to work without interruption. Those who already hold work permits may also keep them, even if their removal order becomes enforceable.

Officials say this approach helps people stay financially stable. It also reduces pressure on provincial and territorial support systems by allowing individuals to earn their own income.

Who Can Qualify

To benefit from the policy, individuals must meet specific conditions. They must have made a refugee claim that officials found ineligible for referral under the law. They must also not face restrictions under section 112(2)(a), which relates to extradition cases.

In addition, applicants must either hold a valid work permit or have already applied for one.

All other legal and immigration requirements still apply unless the policy provides an exception.

Temporary Measure With Flexible Timeline

Officials describe the policy as temporary and say they may cancel it at any time. However, they will continue to process applications submitted while the policy remains active.

Changes Under Bill C-12

Bill C-12 introduced stricter rules for asylum claims. Under the new law, officials no longer refer certain claims for review. These include claims made more than one year after a person enters Canada, as well as claims from individuals who cross the Canada–United States border outside official entry points and apply after 14 days.

The government applied these rules retroactively to claims made on or after June 3, 2025.