Canada has implemented a temporary public policy to assist certain foreign nationals in Canada in obtaining or retaining work permits after their refugee claims are deemed ineligible for referral to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB).
This measure aims to prevent gaps in work authorization while affected individuals transition through various stages of the asylum process.
How the Temporary Public Policy Benefits Asylum Claimants
The public policy serves as an interim solution to address a gap resulting from Bill C-12, which was granted royal assent on March 26, 2026, and introduced new rules regarding asylum claim ineligibility.
Previously, foreign nationals with ineligible claims for referral to the RPD could potentially apply for a Pre-Removal Risk Assessment (PRRA) in most cases. A PRRA evaluates the risk individuals face upon removal from Canada. If an individual is eligible for a PRRA, their removal order is paused, allowing them to apply for a work permit.
However, delays between ineligibility determinations and PRRA notifications may prevent asylum claimants from working, a situation exacerbated by the enactment of Bill C-12, which increased the number of ineligible claims.
The new temporary public policy acts as a transitional measure to address this issue.
Under this policy, asylum claimants applying for work permits may receive them even if their claims are ineligible for referral, before being notified of PRRA eligibility or before their removal orders are paused.
Eligible claimants may obtain work permits before PRRA notifications, and those already holding work permits may be exempt from cancellation when their removal orders become enforceable.
IRCC has introduced this public policy to enable asylum claimants to secure employment and sustain themselves financially during this interim phase, while also alleviating pressure on provincial and territorial services before the PRRA application process commences.
To qualify under the policy, individuals must:
- Have filed a refugee claim ineligible for RPD referral under specified provisions of the Immigration and Refugee Protection Act;
- Not be prohibited from seeking protection under section 112(2)(a); and
- Have submitted a work permit application or currently possess a work permit.
Foreign nationals covered by this policy must adhere to all other legal, regulatory, and admissibility requirements, unless exempted under this or another public policy.
The public policy is subject to revocation at any time, but applications received during its validity will be processed accordingly.