In the wake of the newly enacted Bill C-12, many applicants for refugee protection in Canada whose claims have been found ineligible for referral to the Refugee Protection Division (RPD) have wondered whether they are eligible to continue working in Canada following the determination that their asylum claims are ineligible, particularly where their decision states that they may be eligible to apply for a Pre-Removal Risk Assessment (PRRA).
Bill C-12, which received Royal Assent on March 26, 2026, introduced new eligibility requirements for asylum claims in Canada. Two of these new provisions are subsections 101(1)(b.1) and (b.2) of the Immigration and Refugee Protection Act (IRPA), which provide:
- (1) A claim is ineligible to be referred to the Refugee Protection Division if:
- (b.1) the claimant entered Canada after June 24, 2020 and made the claim more than one year after the day of their entry;
- (b.2) the claimant entered Canada at a location along the Canada–United States land border — including the waters along or across that border — that is not a port of entry and made the claim after the end of the time limit referred to in subsection 159.4(1.1) of the Immigration and Refugee Protection Regulations.
The new one-year rule applies to claims made more than one year after the claimant’s first entry into Canada where the claimant entered Canada after June 24, 2020. The 14-day rule, on the other hand, applies to certain claimants who entered Canada at a location along the Canada–United States land border, including the waters along or across that border, that is not a port of entry, and who make a claim for refugee protection after the applicable 14-day time limit, subject to the exceptions provided for in the legislation.
The question that therefore arises is whether a person whose refugee claim has been found ineligible for referral to the RPD under either of these provisions can continue to work in Canada while they remain in Canada and, in particular, while they await the next stage of the PRRA process.
Can I Continue Working After My Refugee Claim Is Found Ineligible?
The answer may be yes, depending on the circumstances of the individual.
To address concerns about people being unable to work in Canada while they remain in Canada and await notification that they may make a PRRA application, Immigration, Refugees and Citizenship Canada (IRCC) introduced a temporary public policy on March 26, 2026.
The temporary public policy facilitates access to open work permits for certain people in Canada whose asylum claims have been determined to be ineligible for referral to the RPD. The policy is intended, among other things, to provide a transition period during which eligible individuals can obtain or maintain work authorization while they await notification that they may make a PRRA application.
What if I already have a valid work permit?
If you already have a valid work permit when your refugee claim is determined to be ineligible, your work permit is not automatically cancelled solely because of the ineligibility determination.
Under the temporary public policy, an existing work permit can remain valid until its expiry date. Therefore, the determination that a refugee claim is ineligible does not, by itself, mean that a person’s existing work permit immediately ceases to be valid.
If you wish to continue working in Canada after your existing work permit expires, you must apply for a new work permit before the expiry of your current permit and pay the applicable fees.
It is therefore important for individuals in this situation to monitor the expiry date of their work permits and take appropriate steps before the permit expires.
What if I do not currently have a work permit?
The temporary public policy may also provide an avenue for an individual who does not currently have a work permit to apply for an open work permit.
This is particularly relevant where the person’s refugee claim has been determined to be ineligible for referral to the RPD, but the person would otherwise be eligible to make a PRRA application.
The policy is designed to bridge the period between the determination that the refugee claim is ineligible and the notification that the person may make a PRRA application. During this period, eligible individuals may apply for an open work permit under the temporary public policy.
However, it is important to understand that not every person whose refugee claim is found ineligible will automatically qualify for a work permit under the temporary public policy. Eligibility depends on the specific circumstances of the applicant and the requirements of the public policy, including whether the person would be eligible to apply for a PRRA.
What happens if I am waiting to apply for a PRRA?
A person whose refugee claim has been found ineligible for referral to the RPD does not necessarily proceed directly to a PRRA application immediately.
Depending on the circumstances, the person may first have to wait for notification that they are eligible to make a PRRA application. The temporary public policy was introduced, in part, to address the gap that could otherwise prevent eligible individuals from accessing a work permit during this transition period.
It is therefore important to carefully review the ineligibility decision and determine what immigration options are available to the individual, including whether they may be eligible to apply for a PRRA.
What forms are required to apply for the work permit?
An eligible applicant applying under the temporary public policy must submit the appropriate work permit application and supporting documentation.
The application should be accompanied by a representative’s submission letter explaining why the applicant meets the requirements of the temporary public policy and identifying the relevant facts and documents supporting the application.
The applicant must also complete the applicable IRCC forms, including the application to change conditions, extend my stay or remain in Canada as a worker, where applicable.
Because eligibility under the temporary public policy depends on the individual’s circumstances, applicants should carefully assess their eligibility before submitting an application.
What if I want to challenge the ineligibility decision?
The fact that a person may be eligible for a work permit or may eventually be eligible to apply for a PRRA does not necessarily mean that the person should simply accept the ineligibility determination.
Depending on the circumstances, a person whose refugee claim has been determined to be ineligible may wish to consider whether there are grounds to challenge the decision by way of an application for judicial review.
Judicial review is a separate legal process from the PRRA process, and the appropriate course of action will depend on the facts of each individual case, the reasons for the ineligibility determination, and the applicable deadlines.
This is particularly important because an application for leave and judicial review of a decision made in Canada generally must be filed within 15 days after the date on which the decision is communicated to the applicant. This is a strict deadline, and failing to commence the judicial review application within the applicable time limit may affect the person’s ability to challenge the decision.
A person who has received an ineligibility decision should therefore consider obtaining legal advice promptly so that all available options can be properly assessed and, where appropriate, steps can be taken to preserve their right to seek judicial review within the applicable deadline.
Conclusion
Have you recently received a decision finding your refugee claim ineligible for referral to the RPD under the new Bill C-12 provisions? Have you been advised that you may be eligible to apply for a PRRA? Or are you considering judicial review of the decision finding your refugee claim ineligible?
At Pillarstone, we understand that the changes introduced by Bill C-12 can create uncertainty for individuals who are trying to understand their immigration status, work authorization and available options in Canada.
Our team can assess your circumstances and provide advice on whether you may be eligible to apply for a work permit under the temporary public policy. We can also assist you with preparing and submitting your work permit application, if you wish to retain us to do so.
Where appropriate, we can also advise you on other potential options, including the PRRA process and the possibility of seeking judicial review of an ineligibility decision.
Immigration applications and proceedings can involve complex rules, strict deadlines and individual circumstances that may significantly affect the available options. You do not have to navigate the process alone.
If you have received an ineligibility decision and are unsure whether you can continue working in Canada, contact Pillarstone to book a consultation. We would be pleased to assess your circumstances and discuss the options available to you.
Important: This article is provided for general information purposes only and does not constitute legal advice. Eligibility for a work permit under the temporary public policy depends on the individual circumstances of each applicant and the applicable requirements at the time of application. If you have received an ineligibility decision, you should obtain legal advice about your specific circumstances before taking action.