CanadaProtection

Claiming refugee protection (asylum) in Canada

Refugee protection (asylum) in Canada

In short

People who fear returning to their country can claim refugee protection at a port of entry or from inside Canada. IRCC or the CBSA first decides whether the claim is eligible; eligible claims go to the Immigration and Refugee Board (IRB) for a hearing. Since 3 June 2025, claims made more than 1 year after first entering Canada (for entries after 24 June 2020) are ineligible. Claims cannot be made from abroad; resettlement requires a referral.

Apply on IRCC – Refugee protection (asylum) in Canada checked 23 October 2026

Key facts

Fee
CA$0No fee to claim; no fee for the open work permit of an eligible claimant
Work
Open work permit once the claim is referred to the IRB and the medical exam is passed
Family
Family members in Canada who are part of the claim can also get work or study permits
Path to permanent residence
Protected persons can apply for permanent residence (CAD 660 processing fee)
Where to apply
At a Canadian port of entry or from inside Canada through the IRCC Portal

Who qualifies

A Convention refugee must be in Canada and unable to return to their home country, or the country where they normally live, because of a well-founded fear of persecution for race, religion, political opinion, nationality or membership in a social group, such as women or people of a particular sexual orientation. A person in need of protection faces a danger of torture, a risk to life or a risk of cruel and unusual treatment or punishment. IRCC warns that claiming asylum is not a shortcut to immigrate and that false claims can lead to a ban on returning.

Eligibility rules

A claim is ineligible if you are recognized as a Convention refugee by another country you can return to, already have protected person status in Canada, are subject to a removal order, have made an asylum claim in another country, are inadmissible on security, criminality or human rights grounds, made a previous claim in Canada that was ineligible, rejected, abandoned or withdrawn, or entered from the United States at a land border. For claims made on or after 3 June 2025, claims made more than 1 year after first entering Canada (if you entered after 24 June 2020) or more than 14 days after entering between ports of entry from the US are also ineligible; unaccompanied minors are exempt. Under the Canada–US Safe Third Country Agreement, people entering from the US are generally returned there unless an exception applies.

How to claim

At a port of entry (airport, seaport or land border) you tell the CBSA officer you want to claim asylum; inside Canada you start the claim online in the IRCC Portal. From 3 November 2026 the online application changes: unfinished claims not submitted by 11:59 pm ET on 2 November 2026 will need to answer new questions. After submission you get an Acknowledgment of Claim letter, medical exam instructions and an in-person appointment where an officer checks eligibility, takes biometrics (fingerprints for those over 14) and holds your passports until the final decision. Eligible claimants receive a confirmation of referral letter and a refugee protection identity document (RPID).

  1. Tell the CBSA officer at the port of entry that you want to claim asylum, or start the claim in the IRCC Portal if you are already in Canada.
  2. Request an open work permit in the online application if you need to work.
  3. Complete the medical exam and attend the in-person eligibility appointment with original documents.
  4. If eligible, keep your RPID and prepare for the IRB hearing.
  5. Keep your address up to date and attend the hearing; if refused, follow the appeal instructions in the decision.

Rights while waiting

Eligible claimants can request an open work permit in the online application at no fee; it is issued once the claim is referred to the IRB and the medical exam is passed, and family members in the claim can get one too. Claimants and family members can apply for study permits, and minor children can attend school with their RPID. The Interim Federal Health Program provides health coverage. If a claim is found ineligible, you can keep a valid work permit until it expires or apply for one for CAD 155.

IRB hearing and appeals

The IRB’s Refugee Protection Division holds a hearing, often virtual, where you must show you meet the refugee or protection definition. The Refugee Appeal Division hears appeals against many Refugee Protection Division decisions; the decision letter explains whether and how you can appeal. People found ineligible are referred to the CBSA for removal, which may first assess eligibility for a pre-removal risk assessment.

Resettlement from abroad

People outside Canada cannot claim asylum at a Canadian embassy or apply directly for resettlement. Refugee resettlement is only for people referred by the UN Refugee Agency (UNHCR), a designated referral organization or a private sponsor.

Documents

Required documents

Identity

  • Original passports and travel documents for everyone in the claim

Supporting documents (where they apply)

Identity

  • Other identity documents such as national ID cards and birth certificates

Other

  • Evidence supporting the fear of persecution or risk on return
  • Medical exam (IMM 1017E) completed as instructed

Frequently asked questions

Can I claim asylum in Canada from abroad?

No. Claims are made at a Canadian port of entry or inside Canada. From abroad, resettlement is only possible through a referral by UNHCR, a designated organization or a private sponsor.

Is there a deadline to claim asylum in Canada?

Yes, for claims made on or after 3 June 2025: a claim made more than 1 year after you first entered Canada (if you entered after 24 June 2020) is ineligible, except for unaccompanied minors.

Can asylum claimants work in Canada?

Yes. Eligible claimants can get a free open work permit once the claim is referred to the IRB and the medical exam is passed.

What if I travel to Canada through the United States?

Under the Safe Third Country Agreement, claims by people entering from the US at a land border, or between ports within 14 days, are generally ineligible unless an exception applies.

Official sources

Summarised from the official sources above. Rules, fees and processing times change: confirm with the embassy or the official portal before you apply.

Other visa types for Canada

Visits and short stays

  • Tourist visa Maximum stay: Usually up to 6 months per entry, as decided by the border officer
  • Family and friends visit visa Maximum stay: Up to 5 years per entry (applications from 22 June 2023); 2-year extensions possible in Canada
  • Transit visa Maximum stay: Up to 48 hours in transit

Business and self-employment

  • Business visa Maximum stay: Usually up to 6 months per entry, as decided by the border officer
  • Entrepreneur and start-up visa Validity: Optional open work permit of up to 3 years, closed to new applicants since 19 December 2025; holders in Canada may extend
  • Self-employed and freelancer visa Processing time: More than 10 years for applications made after July 2022, according to IRCC’s tool cited in its 2026 evaluation

Study and training

  • Student visa Maximum stay: Length of the program plus 90 days

Work

  • Skilled worker visa Maximum stay: As stated on the permit, linked to the job offer and LMIA
  • Work visa Maximum stay: Depends on the basis; PGWP up to 3 years
  • Working holiday visa Validity: Port of entry letter valid 1 year; the permit cannot outlast the passport, biometrics or health insurance

Family

Residence

Online travel permits

Faster processing

Canada visa guide