CanadaAsylum / refugee status

Asylum and refugee status in Canada

A programme for people who are already in Canada, or who ask for protection at the point of entry itself, and who fear persecution at home. The claim is first looked at by a border services officer or an immigration officer, who decides whether the case goes any further; the substance of the account is examined by an independent refugee tribunal. Income and savings are not taken into account here, and a person whose claim is refused has to leave. While the claim is being considered, the claimant may work.

Threshold

No income or savings requirement

Work

The 2026 reforms speed up the issue of a work permit

Residence

The claim is made from inside Canada or at a port of entry

A protected person may apply for permanent residence (PR)

Source: ircc.canada.ca — filing a claim for protection inside Canada

Where and how the claim is made

There are two ways of asking for protection, depending on where the person is at the moment of applying — at the entrance to the country or already inside it. From there both routes lead to one and the same examination.

Claiming at a port of entry

Arrives in Canada for the first time and states the need for protection straight away at the border — at an airport, a seaport or a land crossing
Goes through an interview, fingerprinting and a photograph with a border services officer (CBSA), who helps complete the documents or directs the person to the portal
Receives on the spot the document confirming their status as a claimant, and the Basis of Claim form to be completed afterwards

Claiming from inside Canada

Is already in Canada — with temporary status or without it — and decides to ask for protection later, not at the border
Files the claim without assistance through the IRCC portal, without attending a border officer in person
May use the same portal account for themselves and for the family members claiming together with them

When this programme is not suitable

More than a year has passed since the first entry into Canada (the rule applies to those who entered after mid-2020)

The case will not be referred to the refugee tribunal; all that remains is the pre-removal risk assessment (PRRA), not the asylum programme itself

The person crossed the land border with the United States away from an official crossing point and asked for protection more than 14 days after entering

Under the Safe Third Country Agreement the claimant is as a rule returned to the United States — except in cases covered by the exceptions to that agreement

The claimant has already been recognised as a protected person or refugee in Canada, or a previous claim has been rejected, withdrawn or declared abandoned

A repeat claim will not be accepted for consideration; in some cases only the pre-removal risk assessment (PRRA) is available

The claimant has a conviction (in Canada or abroad) for an offence punishable by ten years' imprisonment or more, or there are grounds of inadmissibility on security or human rights grounds

The case is passed to the border services agency (CBSA) rather than to the refugee tribunal; separate immigration and legal advice is required

What it costs

Processing fee for the permanent residence application — the applicant (protected person)Charged only once the claimant has been recognised as a protected person, at the permanent residence stage	660 CAD
Processing fee for the permanent residence application — accompanying spouse or partner	660 CAD
Processing fee for the permanent residence application — for each dependent child	180 CAD
Biometrics — per person	85 CAD
Biometrics — the maximum amount for a family of two or more peopleApplies where several family members give their biometrics at the same time under one application	170 CAD
Total government feesThe sum of the mandatory rows in the table. the “Biometrics — the maximum amount for a family of two or more people” branch replaces the “Biometrics — per person” line — 1 670 CAD. Charges with no official price list are in the list below.	1 585 CAD

Paid separately

Making the protection claim itself — No government fee is charged at the stage of considering the claim or of the hearing before the refugee tribunal
The accelerated work permit for refugee claimants — It is generated automatically together with the claim; there is no need to apply for it separately or to pay for it
The Right of Permanent Residence Fee (RPRF) — It does not apply to protected persons or to the family members included in their application — they are exempt from this fee

Documents to gather

The basic set is needed for the protection claim itself; a separate list of documents comes later, at the permanent residence stage.

A completed Basis of Claim form with all additional sheets, where the answers did not fit on the main form
A copy of the passport or other travel document — in colour where possible, or a written explanation of why the document is not available
The form on representation, where a lawyer or consultant is handling the case
The document confirming the claimant's status — issued once the claim has been found eligible
Optionally, additional material: identity documents, evidence of entry into Canada, police certificates, publications on conditions in the country of origin
For the permanent residence application after recognition as a protected person — confirmation of status, a completed document checklist and photographs in the prescribed format

How the process runs

The route from asking for protection to protected person status and permanent residence.

1
Making the protection claim
The claimant either approaches a border services officer at a port of entry — an airport, a seaport or a land border — or, if already in Canada, starts the claim without assistance through the IRCC portal. One portal account is enough for the whole family.
2
Completing the form and uploading documents
up to 90 days from the moment the claim is started in the portal
The claimant must answer detailed questions about identity, the route of entry, criminal record and the reasons for seeking protection, and attach the Basis of Claim form and a copy of the travel document. If the time allowed runs out, the draft claim in the portal is deleted.
3
The eligibility decision on the claim
The officer checks whether the claimant falls under any of the grounds for refusal — a repeat claim, a serious criminal record, the operation of the Safe Third Country Agreement with the United States and others — and decides whether the case goes any further.
4
Referral of the case to the refugee tribunal
If the eligibility decision is positive, the claimant receives the document confirming their status, and the case itself is referred to the Refugee Protection Division of the independent Immigration and Refugee Board.
5
The full Basis of Claim form and biometrics
for filing the full form — 60 days after the claim is registered, with one 30-day extension on request
The claimant gives biometrics and, where necessary, undergoes a medical examination; the final Basis of Claim form is sent to the tribunal in preparation for the hearing.
6
Issue of the work permit
the service standard is 30 days after the results of the medical examination are received
The open work permit is generated automatically together with the claim — there is no need to apply for it separately or to pay for it. It is valid for 2 years from the date of issue shown on the document itself.
7
The hearing and the decision on the case
The independent tribunal examines the evidence and the claimant's account and decides whether to grant protection or refuse it. If the decision is positive, the claimant becomes a protected person and may file for permanent residence.

Who you can bring with you

The portal and the subsequent processing of status are designed for a claim made together with the family.

A spouse or partner and dependent children already in Canada

They are added to the same IRCC portal account and to the joint protection claim; a separate form and a separate Basis of Claim form are completed for each of them

Family members outside Canada

Once the claimant has been recognised as a protected person they can be included in the permanent residence application; if the whereabouts of one of them are unknown at the time of filing, that person has one year from the date the claimant becomes a permanent resident to file their own separate application

Renewal and the grace period

The status of a protection claimant is not renewed: the case ends either with recognition as a protected person and a move on to permanent residence, or with a refusal, after which the person must leave Canada. The open work permit can be extended separately while no decision on the claim has yet been made — but this is a procedure and an application in its own right: the accelerated process does not extend to renewals.

How it differs from the routes next to it

The comparison is built from the official terms of the routes themselves — the source links sit on their own pages.

	Asylum and refugee status	Humanitarian grounds	The Express Entry programme
Visa term	Not a status that is renewed; if the claim is accepted the person becomes a protected person	The application stands until a decision is made	A profile stays in the pool for 12 months
Money	No income or savings requirement	Government fees for PR (processing + RPRF + fees for family members)	Processing costs CAD 990 for the principal applicant, the same for a spouse and CAD 270 for a child
Work	The 2026 reforms speed up the issue of a work permit	Filing does not automatically give status or a work permit	An approved application gives permanent resident status
Residence	The claim is made from inside Canada or at a port of entry	Physical presence in Canada in order to file; then the PR obligation	A permanent resident spends 730 days in Canada in every 5 years

What comes next: permanent residence and citizenship

Route to citizenship

Citizenship after PR (1,095 days within 5 years)

Frequently asked questions about Asylum and refugee status

Can a claim be rejected purely because of what is written in the Basis of Claim form?

No. The Immigration and Refugee Board uses this form to prepare for the hearing and to conduct it properly, not as a formal ground for automatic refusal.

How long does a case actually take at the moment?

According to the most recent published figures, the eligibility decision takes about 19 days on average (for 80% of cases), and the average wait for a decision on the merits in the Refugee Protection Division is about 16 months.

Does a separate application have to be made for a work permit?

No: the information requirements are the same as for the protection claim, and there is no need to file a separate work permit application or to pay for it — it is generated automatically if it is requested when the claim is filed through the portal.

How long is the accelerated work permit for refugee claimants valid?

It is valid for 2 years from the date of issue shown on the document itself.

What happens if the deadline for claiming after entering Canada is missed?

A claim made more than a year after the first entry into Canada (the rule applies to those who entered after mid-2020) will not be referred to the refugee tribunal; a separate exception applies to unaccompanied minors. At the land border with the United States a shorter deadline applies — 14 days from the moment of entry.

Is legal assistance available to refugee claimants?

There is no separate government programme for all claimants, but it is possible to approach the provincial or territorial legal aid service, a local legal aid office or organisations that help immigrants — they will advise where to turn for representation.

Other ways to move to Canada

Every route in one list — migration programmes: Canada.

The terms and the amounts are checked against official sources — the link sits under each section.Last checked on: 8 August 2026.