Refugee Claim Canada 2026: Proposed Changes & Work Permits

If you are trying to make a refugee claim in Canada in 2026, you are navigating a system in the middle of significant change. Two separate developments are reshaping the process at the same time: legislation that is already in force, and new regulations that are still being finalized. Understanding the difference between the two is the most important thing you can do right now.

On March 26, 2026, the federal government's Bill C-12 — formally called the Strengthening Canada's Immigration System and Borders Act — received Royal Assent and became law. That legislation introduced new eligibility restrictions that are already being applied to thousands of claimants across Canada. Then, on June 19, 2026, Immigration, Refugees and Citizenship Canada (IRCC) announced a second wave of proposed regulatory changes that would further overhaul how claims are submitted, reviewed, and decided.

For more background on the refugee protection process in Canada, our detailed guide covers the foundational steps. Whether you are filing for the first time or have already received a letter from IRCC, this article covers what you need to do and when.

The 2026 rule changes affect different claimants in different ways. Find the situation that best describes you to know where to focus your attention.

Most news coverage and online guides treat the 2026 asylum changes as a single event. They are not. There are two distinct legal layers, and conflating them is one of the most common sources of confusion for claimants right now.

Layer 1 — Bill C-12 (enacted law): The Strengthening Canada's Immigration System and Borders Act requires that asylum claims filed more than one year after a person's first entry into Canada are not referred to the Immigration and Refugee Board of Canada (IRB — the independent tribunal that decides refugee claims). This one-year rule applies retroactively to individuals who first entered Canada after June 24, 2020, and affects claims submitted on or after June 3, 2025, even if the claimant has left and re-entered Canada since then. A separate Bill C-12 provision bars claims from individuals who crossed the Canada–US land border between ports of entry more than 14 days before making their claim.

Layer 2 — Proposed Regulations (still being finalized): On June 19, 2026, IRCC proposed amendments to the Immigration and Refugee Protection Regulations (SOR/2002-227) under the Immigration and Refugee Protection Act (IRPA, SC 2001, c. 27). These proposed changes would introduce the 60-day application deadline, mandate government security reviews before IRB hearings, and allow eligible claimants to access work permits sooner. For more detail on Bill C-12 and what it means for asylum claims, our dedicated article covers the legislative history in full. The public consultation period for the proposed regulations closes on July 20, 2026.

Under Canada's current system, when you make a refugee claim — either at a port of entry such as an airport or land border, or from inside Canada through IRCC's online portal — you must complete a document called the Basis of Claim (BOC) form. The BOC form is a written narrative that explains who you are, what you fear returning to, and why you need protection. It is the single most important document in your refugee file.

Under the proposed 2026 framework, the BOC form would be incorporated into a single streamlined online application, replacing the older multi-form process. The 60-day clock is expected to start on the date your claim is initiated online. A "complete application" means submitting all required documents and information — including your identity records, supporting evidence, and the full BOC narrative — by that deadline. Submitting some documents and intending to send the rest later may not be sufficient under the proposed rules.

If you need more time, the proposed regulations would allow you to request one extension of up to 30 days. That request must be made before the original 60-day deadline passes. No second extension is expected to be available under the proposed framework.

Missing the deadline without having requested an extension may trigger an abandonment proceeding before the IRB. At that proceeding, you would have an opportunity to explain why you failed to submit your complete application on time. If the IRB determines your claim was abandoned, the consequences can be severe: your claim may be closed, you may face a bar from making future claims, and you may be subject to removal from Canada. An abandoned claim is not the end of every option — alternatives such as a Pre-Removal Risk Assessment may remain available in some circumstances — but acting before the deadline is strongly preferable to trying to recover after it passes.

Under the current rules, refugee claimants in Canada typically cannot apply for a work permit until after their claim has been found eligible and referred to the IRB. Depending on government processing volumes, that referral step can add weeks to the timeline before work authorization becomes available. In the 12 months leading to March 2026, the IRB's Refugee Protection Division (RPD) received approximately 99,500 new asylum claims — a caseload that creates real delays for claimants waiting to start working.

The proposed regulations would change the trigger point. Under the new framework, eligible claimants would be able to apply for a work permit after submitting a complete application, not after the IRB referral. This is a meaningful shift for claimants in Toronto, Scarborough, Brampton, and across the GTA who need to support themselves and their families while their claim proceeds. For a broader overview of open work permit options for vulnerable workers, our guide covers eligibility categories that may also apply.

These changes are proposed, not yet in force. Claimants should not assume the new trigger point applies to their situation today. Once the proposed regulations are finalized and in force, IRCC will issue operational instructions to clarify exactly how and when the work permit application process will change.

The following roadmap reflects the refugee claim process as it is expected to work once the proposed regulations are in force, alongside the Bill C-12 rules already in effect. If your claim was already referred to the IRB before the proposed regulations come into force, some steps may differ — speak to a lawyer about how the transitional provisions apply to your specific situation.

1. 1
   Determine Whether You Are Eligible to Make a Claim

   Before initiating a claim, check whether the Bill C-12 ineligibility rules apply to you. If you first entered Canada after June 24, 2020, and it has been more than one year since that entry, your claim may be barred from referral to the IRB under the new one-year rule — even if you have left and returned to Canada since then. If you entered between ports of entry along the Canada–US land border, you must have made your claim within 14 days of crossing. Unaccompanied minors are exempt from both rules. If you are uncertain about your eligibility, consult a licensed immigration lawyer before taking any further steps.
2. 2
   Initiate Your Claim at a Port of Entry or Online

   There are two pathways to start a refugee claim. If you are arriving at a Canadian airport, seaport, or land border crossing, you can inform a Canada Border Services Agency (CBSA) officer that you wish to claim refugee protection — this is called a Port of Entry (POE) claim. If you are already inside Canada, you can initiate a claim through IRCC's online portal — this is called an inland claim. Under the proposed 2026 framework, both pathways are expected to feed into the same single online application process. Save all confirmation numbers and online submission records.
3. 3
   Submit Your Complete Application Within 60 Days (Proposed)

   Once your claim is initiated, you would have 60 days to submit a complete application under the proposed regulations. This includes your Basis of Claim (BOC) narrative — a written account of who you are and why you need protection — plus all supporting identity documents and evidence. Do not wait until day 59 to begin. If you need more time, apply for the one-time 30-day extension before the original deadline expires. Getting legal help as early as possible in this window is strongly advisable — a well-prepared BOC form is often the foundation of a successful claim.
4. 4
   Government Security and Admissibility Review

   Under the proposed framework, before your claim is referred to the IRB for a hearing, IRCC and its security partners — including the CBSA — would complete reviews related to security, criminality, admissibility, and program integrity. The proposed regulations would establish a fixed time limit for the government to complete these reviews. Only files that pass this stage and are considered "hearing-ready" would be referred to the IRB, which is intended to reduce scheduling delays caused by files being sent to the IRB before necessary information is gathered.
5. 5
   IRB Refugee Protection Division Hearing

   Once your file is referred to the IRB's Refugee Protection Division (RPD), a hearing date is scheduled. At the hearing, you present your case before an IRB decision-maker, explain why you need protection, and respond to questions about your claim. Under proposed amendments to the Refugee Protection Division Rules published in the Canada Gazette on June 20, 2026, claimants would be required to submit personal documents they intend to rely on at the hearing no later than 30 days after their claim is referred to the RPD — a change from the current 10-days-before-hearing rule. This front-loading of evidence means you should begin gathering documentation well before your hearing is scheduled. You have the right to be represented by a lawyer at your hearing. For matters that reach the Federal Court, our guide to the judicial review of a refused refugee claim covers the next stage.
6. 6
   Decision and Next Steps

   After the hearing, the IRB member may issue a decision granting you protected person status — which allows you to remain in Canada and apply for permanent residence — or refusing your claim. If your claim is refused, you may be able to appeal to the Refugee Appeal Division (RAD) within 15 days, or apply to the Federal Court of Canada for a judicial review within 15 days of receiving the decision. Not all refused claimants have access to the RAD — eligibility depends on the basis of the refusal. If neither appeal path is available, a Pre-Removal Risk Assessment (PRRA) may be an option. Time limits at every stage of this process are strict; speak to a lawyer immediately after a refusal.

The table below contrasts the pre-2026 framework — the rules in place before Bill C-12 and before the proposed regulations — with the framework expected to apply once the 2026 changes are fully in force. Note that the "proposed" column reflects changes not yet enacted; they may be revised before implementation.

For claimants who filed before June 3, 2025, the rules that apply depend on when your claim was referred to the IRB — speak to a lawyer about your specific situation. Understanding the difference between a PRRA and a refugee claim may also be relevant if your eligibility is in question.

• ✗ Waiting too long to initiate a claim after arriving in Canada. The one-year rule introduced by Bill C-12 can make a claim permanently ineligible if you wait more than one year after your first entry into Canada. If you are considering making a claim, initiating it as early as possible is critical.
• ✗ Ignoring a procedural fairness letter from IRCC. A procedural fairness letter (PFL) is a formal notice that IRCC has identified a concern with your application and is giving you an opportunity to respond before a final decision is made. These letters typically have response windows of 7 to 30 days. Failing to respond can result in an ineligibility finding without further notice.
• ✗ Submitting an incomplete application and assuming IRCC will follow up. Under the proposed 2026 rules, an incomplete file may trigger an abandonment proceeding — IRCC is not expected to send reminder notices requesting missing documents. Submit everything required before the deadline, not in pieces over time.
• ✗ Applying for a work permit before you are eligible. Claiming work authorization at the wrong stage of your claim can complicate your immigration record and may raise questions about your intent during subsequent proceedings. Wait until you meet the eligibility threshold that applies to your situation — whether current or proposed rules apply.
• ✗ Failing to update your contact information with the IRB, IRCC, and CBSA. All three bodies may need to reach you at different stages of your claim. If your address, phone number, or email changes, update each organization separately and promptly. A missed hearing notice because of outdated contact information can result in your claim being deemed abandoned.
• ✗ Relying on an unregulated advisor or unofficial source for legal help. Only lawyers and paralegals licensed by the Law Society of Ontario (LSO) and immigration consultants registered with the College of Immigration and Citizenship Consultants (CICC) can legally represent you before the IRB for a fee. Understanding why hiring a licensed immigration lawyer matters can protect you from consultants who operate outside regulated channels.

If you are unsure whether you have made any of these errors, a consultation with a licensed immigration lawyer can help you assess your options before it is too late.

Canada's asylum rules are changing faster than at any point in recent history. The consequences of missed deadlines, ignored letters, or incomplete applications can be serious and difficult to reverse. If you or someone you know is navigating a refugee claim in 2026 — whether just beginning the process, managing a pending file, or dealing with a procedural fairness letter — getting accurate, current legal advice is not optional. It is the single most effective thing you can do to protect your claim.

Nihang Law is a full-service Ontario immigration law firm serving clients in Toronto, Scarborough, Brampton, Mississauga, and across the GTA. Qasim Ali, Principal Lawyer at Nihang Law, works with refugee claimants, families facing ineligibility decisions, and newcomers navigating the full spectrum of Canadian immigration law. Qasim Ali, Principal Lawyer at Nihang Law, works with refugee claimants, families facing ineligibility decisions, and newcomers navigating the full spectrum of Canadian immigration law. The firm offers legal services in English, Urdu, Punjabi, Hindi, Pashto, Gujarati, Mandarin, and Korean — because effective legal representation begins with being understood.

About the author

Qasim Ali

Principal Lawyer · Nihang Law Professional Corporation · Toronto & Scarborough, Ontario · Law Society of Ontario

Qasim Ali is the Principal Lawyer at Nihang Law Professional Corporation, serving clients across Toronto, Scarborough, and the broader Greater Toronto Area. He provides full-service legal representation across immigration, real estate, family law, criminal law, civil litigation, employment law, wills and estates, and business law.

Nihang Law is particularly recognized for its depth in immigration and real estate law — a combination that serves newcomers and growing families navigating both legal systems simultaneously.

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