Work Permit for Ineligible Asylum Claimants: Canada's 2026 Policy

Navigating the Canadian asylum process became significantly more difficult following the passage of Bill C-12 on March 26, 2026. As the government tightened border security and asylum eligibility, thousands of claimants suddenly found their refugee claims deemed "ineligible" for referral to the Immigration and Refugee Board (IRB).

However, finding your claim ineligible does not immediately mean deportation. In most cases, applicants enter a transitional phase while waiting for a Pre-Removal Risk Assessment (PRRA). To prevent extreme financial hardship during this waiting period, IRCC has introduced a vital temporary public policy broadening access to open work permits.

1. The Gap: Why Was This Public Policy Needed?

Under the standard asylum process, when a foreign national's refugee claim is found ineligible for referral to the Refugee Protection Division (RPD), they are typically allowed to apply for a Pre-Removal Risk Assessment (PRRA). The PRRA formally evaluates the risk of torture, persecution, or death the individual would face if deported from Canada.

Once an individual is officially notified that they may apply for a PRRA, their removal order is put on hold, and they become eligible to apply for an open work permit.

Because Bill C-12 has made a substantially larger volume of claims ineligible, this administrative gap threatened to leave thousands of people in Canada without a legal means to earn an income, placing immense pressure on provincial and territorial social support services.

2. The Solution: How the Temporary Public Policy Helps

To bridge this gap, IRCC has enacted a transitional public policy. This measure acts as a safety net for ineligible claimants moving between the different stages of the asylum and deportation process.

• For New Applicants: An asylum claimant whose claim has been determined ineligible can now be issued a work permit before they receive their official PRRA notification, and before their removal order is put on hold.
• For Current Permit Holders: Eligible claimants who already possess an open work permit are now exempt from the standard rule that would automatically cancel their permit when their removal order becomes enforceable.

This ensures uninterrupted work authorization, allowing claimants to support themselves financially during the interim period before the PRRA process officially begins.

3. Who is Eligible for the Work Permit?

To qualify for an open work permit under this specific temporary public policy, an individual must meet all of the following criteria:

Note: IRCC states that this public policy may be revoked at any time. However, any applications received while the policy remains in force will continue to be processed under its protective rules.

4. Context: Why Are More Claims Being Found Ineligible? (Bill C-12)

The sudden need for this work permit public policy is directly tied to the passage of Bill C-12 on March 26, 2026. This monumental legislation tightened border security and drastically altered the asylum system.

Under Bill C-12, the following types of refugee claims are no longer eligible to be referred to the Refugee Protection Division (RPD):

1. The One-Year Ban: Any claim made more than a year after a person first entered Canada (applicable to anyone who entered after June 24, 2020).
2. Irregular Crossings: Any claim made by a foreign national who crossed the Canada-U.S. border outside of an official port of entry, provided the claim is made 14 or more days after their entry.