Received a PFL About Your Asylum Claim After Canada Passed Bill C-12? What to Do Next
Last Updated: April 2026
This article is for informational purposes only and does not constitute legal advice. Every legal situation is unique — consult a licensed lawyer before making any legal decisions.
What to Do After Receiving a Bill C-12 Letter from IRCC
Quick Answer
- Bill C-12 is now law in Canada. New eligibility rules apply to asylum claims made on or after June 3, 2025, and Royal Assent was granted on March 26, 2026.
- Under these rules, a claim may be found ineligible if it was filed more than one year after the claimant’s first entry into Canada after June 24, 2020, or more than 14 days after an irregular crossing at the Canada–U.S. land border.
- If IRCC finds a claim ineligible, it is not referred to the Immigration and Refugee Board (IRB). Instead, the file is sent to the Canada Border Services Agency (CBSA) for removal, and CBSA determines whether the person may apply for a Pre-Removal Risk Assessment (PRRA).
- A temporary public policy (effective March 26, 2026) may allow certain individuals whose claims are found ineligible to access an open work permit or avoid automatic cancellation of an existing permit.
- Upon receiving any Bill C-12-related letter from IRCC, the claimant’s first priority is to identify the stage of the file — whether it is asking for a response or stating a final decision — then reconstruct a document-backed timeline before replying.
Bill C-12 — formally known as the Strengthening Canada’s Immigration System and Borders Act — received Royal Assent on March 26, 2026 and is now in force. If you have received a letter from Immigration, Refugees and Citizenship Canada (IRCC) that raises questions about your asylum claim under this new law, the situation calls for methodical action rather than alarm.
These letters arrive in three general forms. Some invite your response before any final decision is made. Others confirm that your claim has been found ineligible and that your file is leaving the Immigration and Refugee Board (IRB) stream. And some originate from the Canada Border Services Agency (CBSA), indicating that your file has moved to the removal and Pre-Removal Risk Assessment (PRRA) stage.
Each type carries a different legal meaning and requires a different first response. This article explains what to look for in your letter, what records to gather, and what may happen next under the Immigration and Refugee Protection Act (IRPA) and the new Bill C-12 rules. For those whose claims have already been refused after an IRB hearing, judicial reviews and refusals involve a separate set of considerations and timelines.
Quick Start: Pick Your Path Based on the Letter You Received
Before you do anything else, identify which situation below describes your file. Each path gives you one clear action to take first.
Path 1
My letter asks for dates, documents, or submissions before a decision is made
Start by calendaring the response deadline. Then gather proof of your first entry into Canada, any later travel, and your claim filing date — before drafting any reply.
Path 2
My letter says the claim may be ineligible because I waited too long after entering Canada
Start by confirming your first entry date after June 24, 2020, checking whether the officer used the correct date, and collecting every record that supports your timeline.
Path 3
My letter mentions the United States, an irregular crossing, or a 14-day timing issue
Start by identifying exactly where you entered Canada, on what date, and when your claim was officially filed — because the entry route and timing may control the entire legal analysis.
Path 4
CBSA has contacted me about removal or a Pre-Removal Risk Assessment
Start by reviewing the letter immediately. Check whether CBSA has told you that you may apply for a PRRA, and do not travel or make any status changes without legal advice.
Path 5
I need to keep my work status clear while this is being resolved
Start by confirming your current permit status and reviewing whether work permit options that may still be available under the temporary public policy apply to your situation.
Types of Bill C-12 Letters: Preliminary vs. Final vs. Removal-Stage
Not every Bill C-12-related letter looks the same, and the label on the document matters far less than the legal consequence it carries. What you need to determine immediately is whether the letter is preliminary, whether it is a final ineligibility determination, or whether it signals that removal-stage steps are already underway.
A preliminary letter invites your response before any final decision is made. A final ineligibility determination confirms that the file is leaving the IRB stream. A removal-stage letter from CBSA means that PRRA eligibility is being assessed as part of the removal process.
The chart below helps you identify which type of letter you have received and what your immediate action priority should be. Visit Nihang Law’s immigration page for a full overview of how our team can assess your specific file.
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What Type of Bill C-12 Letter Do You Have?
Identify your letter's legal stage and immediate action priority — before responding to IRCC or CBSA.
| What the Letter Seems to Be | What It Usually Means | Immediate Priority |
|---|---|---|
| Asks for dates, documents, or submissions | Officer may still be assessing eligibility facts — a final decision has not yet been made | Calendar the deadline and build a document-backed date chronology before drafting any reply |
| States the claim is ineligible under the one-year rule | The file may no longer be headed to the Immigration and Refugee Board (IRB) | Verify your first entry date after June 24, 2020 and confirm the exact claim filing date |
| Mentions the United States, an irregular crossing, or a 14-day issue | Border-route facts and claim timing may control eligibility — may involve STCA, Bill C-12, or both | Confirm your exact entry point and the precise date your claim was officially filed |
| From CBSA, mentions removal or a Pre-Removal Risk Assessment | The matter may already be in the removal-stage protection track — the IRB hearing stage has passed | Review PRRA eligibility, work-permit options, and travel risk without delay |
Source: IRCC — Asylum Claim Eligibility Requirements — Canada.ca
Nihang Law Professional Corporation · Law Society of Ontario
Nihang Law Insight
Many clients lose time by arguing with the label on the letter rather than identifying the legal stage it represents. A letter is preliminary if it invites your response. It is final if it states your claim is ineligible. The most useful first question to ask is: is this letter asking for my input, or telling me what has already been decided? That single distinction shapes everything that comes next.
What to Review First When You Open the Letter
There are five things you need to locate before you do anything else: the deadline for any required response; the name and authority of the sender; whether the letter is preliminary or final; which specific Bill C-12 rule is being raised; and which dates the officer appears to be relying on.
Read the letter line by line. Note who sent it — IRCC or CBSA — and what statutory authority is referenced. Mark whether the letter asks you to provide information or explicitly states that your claim is ineligible. Identify whether it refers to your first entry into Canada, a Canada–U.S. border crossing, or both. Note whether it requests supporting documents.
One rule applies in every case: do not respond from memory, and do not use estimated dates. A date that feels certain may still be contradicted by an entry stamp in your passport, an airline record, or a document in IRCC’s own system. The response you build must be grounded in verified documents.
The stakes of getting the response right are real. A well-organized, document-backed submission can demonstrate that the officer’s timeline is incomplete or based on the wrong date. A rushed, memory-based response can inadvertently confirm facts that work against you.
Why the One-Year Rule Turns on Your First Entry Date
The most common error in Bill C-12 files is assuming that a subsequent return to Canada restarts the one-year clock. It does not. IRCC’s guidance is clear: the relevant date is your first entry into Canada after June 24, 2020, regardless of what came after. If you left Canada and came back, those later returns do not replace the original entry for the purpose of this analysis.
This means that if the letter questions your timeline, your first task is to reconstruct your complete travel history using official records. A strong response chronology typically includes your first entry stamp and related documentation, all subsequent exits and re-entries into Canada, your full permit history including any work or study permits — which may also be relevant to permanent residency and PR renewals considerations — prior IRCC correspondence, and the exact date your asylum claim was formally filed.
Passports and all entry stamps are the most reliable starting point. Airline itineraries, visitor records, and any CBSA paperwork from your entry can help fill gaps. The goal is to create a clean, one-page chronology that leaves no date open to interpretation.
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Bill C-12 Eligibility Timeline: Key Dates That Determine Your Claim's Status
Map your own situation against the five critical dates in the Bill C-12 eligibility framework.
Reference Anchor
June 24, 2020
Bill C-12 reference anchor date. The one-year eligibility rule only applies to first entries into Canada that occurred after this date.
⚠ One-Year Clock Starts Here
Your First Entry into Canada (variable)
The one-year eligibility clock starts on this date, regardless of any later departures and re-entries. If you left Canada and came back, the clock did not reset.
⚠ Filing Deadline
+1 Year from First Entry — Claim Must Be Filed By This Date
If a claim was filed after this deadline, it may be ineligible under Bill C-12. Verifying your exact claim date against your exact first-entry date is the central issue in many Bill C-12 letters.
New Rules In Effect
June 3, 2025
The new Bill C-12 eligibility rules apply to asylum claims made on or after this date. Claims made before June 3, 2025 are assessed under the pre-existing rules.
Royal Assent · Law In Force
March 26, 2026
Bill C-12 received Royal Assent. The temporary public policy facilitating open work permits for certain individuals whose claims are found ineligible came into effect on this same date.
Source: IRCC — Bill C-12 becomes law — Canada.ca (March 2026)
Nihang Law Professional Corporation · Law Society of Ontario
When the Letter Mentions the United States or a Border Crossing
The STCA is an older bilateral agreement — still fully in effect — that covers claims made at official land ports of entry along the Canada–U.S. border, as well as claims made within 14 days of an irregular crossing from the United States. The STCA framework includes several exceptions that may apply in the right case: a family-member exception, an unaccompanied minor exception, a document-holder exception, and a public-interest exception.
Bill C-12 introduces a separate and distinct rule under the Immigration and Refugee Protection Regulations (IRPR) s. 159.4: a claim may be found ineligible if it was filed more than 14 days after the claimant entered Canada between ports of entry along the Canada–U.S. land border. This is a different 14-day rule with a different legal effect. STCA exceptions do not automatically resolve a Bill C-12 timing problem — they must be matched carefully to your specific entry route and the current stage of your file.
If the letter involves both frameworks, or if you are assessing whether a judicial review of the decision may be available, the factual analysis becomes more complex and the response strategy must be organized around the specific rule that is actually driving the finding.
Nihang Law Insight
The most frequent mistake in U.S.-related letters is treating every border-entry issue as an STCA-exception case. Sometimes that is the right analysis. But sometimes the real problem is a Bill C-12 14-day timing issue, and STCA exceptions do not answer it. The response strategy for each scenario may be very different — which is why identifying the correct legal framework first is more important than arguing the merits of any exception.
What Happens If the Claim Is Found Ineligible: PRRA and Work Permits Explained
When a claim is found ineligible, the file does not simply pause. It leaves the IRB stream entirely and is referred to the Canada Border Services Agency (CBSA) for removal from Canada. IRCC notifies CBSA, and CBSA initiates removal proceedings. At that point, an officer assesses whether you may apply for a PRRA.
A PRRA is a different protection process — not a delayed version of an IRB refugee hearing. It operates under its own evidentiary rules, its own timelines, and its own legal standard. Understanding this distinction before the removal process begins is important: a claimant who expects an IRB-style hearing at the PRRA stage will be caught unprepared.
There is one important practical protection currently available for certain individuals in this situation. IRCC created a temporary public policy, effective March 26, 2026, that may facilitate access to open work permits for certain foreign nationals whose claims have been found ineligible for the IRB. The policy may also allow certain existing permits to avoid automatic cancellation when a removal order becomes enforceable. This temporary policy applies to “certain foreign nationals” as defined by IRCC and must be assessed based on your individual circumstances — it is not universal.
By contrast, when an IRB hearing results in a refused claim, the legal focus typically shifts to whether the decision itself was legally unreasonable or procedurally unfair — which may support an application for judicial review at the Federal Court of Canada. That is a different process with different grounds, different evidence, and different deadlines.
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Where Asylum Claims Were Processed in Early 2025: Ontario vs. Other Provinces
Asylum claims processed through CBSA and IRCC combined, January – June 2025. Ontario accounts for the majority of national claim volume, making Bill C-12 letters a broad practical issue for Ontario claimants specifically.
~52,000
claims processed in Ontario — more than all other provinces combined
~55%
of all national claims processed in Ontario during H1 2025
~3×
more claims than Quebec, the next highest province, in the same period
Source: IRCC — Asylum Claimants 2025 — Canada.ca · Values are estimates; verify before publishing.
Nihang Law Professional Corporation · Law Society of Ontario
Step-by-Step: How to Build and Submit Your Response Package
Organized evidence generally improves options; delay almost always reduces them. Work through the following seven steps in order.
-
1
Read the letter twice and identify the legal stage Is it asking for your response before a decision, or stating that a decision has already been made? This single question determines everything that follows. Do not skip it.
-
2
Calendar the deadline immediately Work backwards from the response deadline so you have enough time to gather records, organize them, and review your submission — rather than rushing in the final days. Missing a deadline on a preliminary letter can allow the officer to proceed without your input.
-
3
Create a one-page date chart List your first entry into Canada after June 24, 2020, all subsequent exits and re-entries, and the exact date your asylum claim was officially filed. This chart is the backbone of your entire response.
-
4
Collect every relevant document Gather passports with all entry stamps, airline itineraries, visitor records, work or study permits, prior IRCC correspondence, any CBSA paperwork, and any records from a U.S. border crossing. Each document is potential evidence for a specific date or fact.
-
5
Confirm which timing issue the letter is raising The first-entry one-year rule and the U.S. irregular-entry 14-day rule are different legal questions that require different responses. Conflating them in your submission is a file-management error that can be difficult to correct later.
-
6
Draft a factual, document-backed response Answer exactly what the letter asked. Attach a supporting document for each material date or fact. Avoid general explanations. The most effective submissions are organized around specific factual corrections, not broad arguments.
-
7
Review PRRA and work-permit consequences before any travel or status decisions Once CBSA is involved in your file, every travel decision and every status change carries practical risk. Get legal advice before acting. Do not assume your current permit status is unaffected by developments in your asylum file.
Your immigration file at this stage is primarily a fact-management exercise. The goal is to demonstrate why the officer’s dates or assumptions may be incomplete or incorrect — not to argue the merits of your refugee claim.
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IRB Asylum System Pressure: New Claims vs. Adjudication Capacity
New claims referred to the Immigration and Refugee Board (IRB) have consistently outpaced the number of claims finalized — driving a growing backlog that forms the operational backdrop for Bill C-12's new eligibility screening rules.
~235,000
asylum cases pending in the IRB backlog (approximate, end of FY 2024–25)
~36 mo.
average wait time for an IRB refugee hearing, reflecting severe system pressure
+65%
increase in new claims referred from FY 2022–23 to FY 2024–25
Source: IRB Main Estimates 2025–2026 — Canada.ca · Values are estimates; verify before publishing.
Nihang Law Professional Corporation · Law Society of Ontario
Common Mistakes That Turn a Manageable File Into a Much Harder One
The following errors appear consistently in Bill C-12 files and are preventable with careful preparation.
- Responding from memory rather than records. Estimated dates, even confident ones, can be contradicted by an entry stamp or an official IRCC document. Verify every date before you submit anything.
- Using the most recent entry date instead of the first entry after June 24, 2020. The one-year clock starts on the first qualifying entry. Later arrivals in Canada do not replace it.
- Assuming that leaving and re-entering Canada restarts the eligibility clock. It does not. IRCC looks only at the first entry date, regardless of how much subsequent travel has occurred.
- Treating every U.S.-related letter as an STCA-exception problem. Sometimes the issue is a Bill C-12 14-day timing problem under the IRPR, not an STCA problem. The response strategies for each are different.
- Ignoring the distinction between an IRB referral and a PRRA. These are fundamentally different processes with different standards and different outcomes. Expecting one when you are facing the other can cause missed steps and missed deadlines.
- Waiting to consider work permit options until after CBSA makes contact. The temporary public policy protecting certain permits has specific eligibility conditions. Understanding them early gives you more time to assess and act.
- Assuming no remedy exists simply because the letter sounds final. Even after an ineligibility finding, options such as PRRA and, in some cases, Federal Court judicial review may remain available depending on the specific facts of your file.
How Nihang Law Can Help
Bill C-12 is now in force, and for many Ontario asylum claimants, the central legal question is not yet about whether their refugee story is credible — it is about whether the file is being stopped earlier because of a first-entry date, a Canada–U.S. border crossing timeline, or the way a government officer has read the facts. Organized evidence protects your options; delay reduces them.
Qasim Ali, Principal Lawyer at Nihang Law, and the immigration team can assess the letter, verify the relevant dates, organize your response record, and advise on the next practical step — whether that means responding before a final determination, preparing for PRRA consequences, protecting your work authorization, or reviewing whether a Federal Court challenge may be available.
Frequently Asked Questions About Bill C-12 Letters
Is every letter I receive from IRCC about Bill C-12 an official Procedural Fairness Letter?
Not necessarily. IRCC’s public guidance describes ineligibility determinations, CBSA referrals, PRRA access, and work-permit relief without labeling every communication a “Bill C-12 PFL.” If the letter invites your response before a final decision, treat it with the urgency of a fairness-stage process regardless of what the document is called.
The label matters less than the legal stage. Identify whether the letter is preliminary or final before deciding how to respond.
What if the letter seems to use the wrong entry date — can I correct IRCC?
Yes, and this may be the most important issue in your file. Bill C-12’s one-year rule turns entirely on your first entry into Canada after June 24, 2020. The most effective correction is a document-backed chronology — passports, entry stamps, airline records — rather than a written explanation from memory.
A narrative correction supported only by your recollection carries far less weight than one supported by official documents. Build the record first, then draft the response.
If I left Canada and came back, does that reset the one-year clock under Bill C-12?
No. IRCC’s guidance confirms that the one-year rule is anchored to your first entry into Canada after June 24, 2020. Subsequent departures and re-entries do not restart the clock.
Your full travel history is still important for building an accurate timeline, but a later re-entry date does not replace the first entry date for the purpose of the Bill C-12 eligibility analysis.
My letter mentions the United States — is this a Safe Third Country Agreement problem or a Bill C-12 problem?
It could be either, or both. The Safe Third Country Agreement (STCA) covers claims made at official land ports of entry and claims filed within 14 days of an irregular U.S. border crossing. Bill C-12 introduces a separate rule: claims filed more than 14 days after an irregular Canada–U.S. land border entry may be ineligible under the Immigration and Refugee Protection Regulations.
STCA exceptions do not resolve a Bill C-12 timing issue. The two frameworks must be assessed separately based on your specific entry route and claim date.
Will I still get a refugee hearing at the IRB if IRCC says my claim is ineligible?
No. If IRCC determines that your claim is ineligible under Bill C-12, it is not referred to the Immigration and Refugee Board (IRB) for a hearing. Instead, IRCC refers your file to the Canada Border Services Agency (CBSA) for removal from Canada.
CBSA will then assess whether you may apply for a Pre-Removal Risk Assessment (PRRA), which is a different protection process with its own rules, evidence requirements, and timelines.
Can I still get a work permit if my asylum claim is found ineligible under Bill C-12?
Possibly. IRCC created a temporary public policy, effective March 26, 2026, that may facilitate access to open work permits for certain foreign nationals whose claims are ineligible for the IRB. The policy may also allow certain existing work permits to avoid automatic cancellation when a removal order becomes enforceable.
This policy applies to certain foreign nationals as defined by IRCC and must be assessed based on the specific facts of your file. It is not a universal entitlement for all ineligible claimants.
Does a PRRA application start automatically once my claim is found ineligible?
No. A Pre-Removal Risk Assessment (PRRA) does not start automatically. You may only apply for a PRRA if a CBSA officer explicitly tells you that you are eligible, and this notification comes during the removal process — not before it begins.
You cannot self-trigger the PRRA process. CBSA initiates the eligibility assessment when removal proceedings begin, and you must wait for that officer notification before applying.
Can I challenge a negative Bill C-12 decision at the Federal Court?
Federal Court judicial review may be available depending on who made the decision, at what stage, and on what legal grounds. Canada’s Federal Court has jurisdiction to review immigration decisions under the Immigration and Refugee Protection Act, but strict filing deadlines apply.
Whether a judicial review of the decision is appropriate for your specific file must be assessed quickly and carefully based on the particular facts and stage of your proceeding.
Received a Bill C-12 Letter in Ontario?
Nihang Law’s immigration team can assess the letter, verify the dates, organize your response record, and advise on the next practical step — before the deadline passes.
Contact Nihang Law for an AssessmentThis article is for informational purposes only and does not constitute legal advice. Every legal situation is unique — consult a licensed lawyer before making any legal decisions. Regulated by the Law Society of Ontario.
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.
Learn more about Qasim Ali →Sources & References
- C-12 (45-1) — LEGISinfo — Parliament of Canada
- New immigration and asylum measures from Bill C-12 have become law — Canada.ca
- Claiming asylum from within Canada: Meet the requirements — Canada.ca
- Temporary public policy: open work permits for certain ineligible claimants — Canada.ca
- Pre-removal risk assessment: Who can apply — Canada.ca
- Canada–U.S. Safe Third Country Agreement — Canada.ca
- Immigration and Refugee Protection Regulations — s. 159.4 — Justice Laws
- IRB Main Estimates 2025–2026 — Canada.ca
- Asylum claimants by year — January to June 2025 — Canada.ca
- Apply to the Federal Court of Canada for judicial review — Canada.ca
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