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Claiming asylum in Canada

How it works now

Asylum5 min read
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In one sentence. If it is not safe for you to go home, you can ask Canada for protection. Here is how a claim works under the process IRCC introduced on November 3, 2026: who can claim, the deadlines that matter, your rights while you wait, and what happens after the decision.

If you are reading this because going home is not safe for you or your family, please know that Canada has a process built for exactly this, and you have rights within it. The steps can feel heavy, and some deadlines are strict, so this guide goes slowly and plainly. The process changed on November 3, 2026, so older advice you may find online about the Basis of Claim form or the refugee protection claimant document no longer applies to new claims.

In one sentence: you make your claim while you are in Canada, an officer checks it is eligible, you complete it online within 60 days, and the Immigration and Refugee Board decides at a hearing whether you need Canada’s protection.

Who can claim, and what the Board looks at

You can claim asylum if you are in Canada, including at an airport or a border crossing, and it is unsafe for you to return to your home country. At your hearing, the Board decides whether you are a Convention refugee, meaning you fear persecution because of your race, religion, nationality, political opinion or membership in a particular social group, or a person in need of protection, meaning you face a danger of torture, a risk to your life, or a risk of cruel and unusual treatment or punishment. You also need to show that your country’s authorities cannot or will not protect you, and you may be asked why you could not live safely in another part of your country.

When a claim cannot go ahead

Some claims are found ineligible before a hearing. It is important to know these rules early, because two of them are about time:

  • You claim more than one year after you first entered Canada after June 24, 2020, even if you left and came back since. This applies to claims made on or after June 3, 2025.
  • You claim more than 14 days after entering Canada between official border crossings along the Canada and United States land border.
  • You arrived from the United States at a land border crossing, unless an exception under the Safe Third Country Agreement applies (for example, a family member in Canada, being an unaccompanied minor, or certain documents).
  • You already made a claim in Canada that was refused, found ineligible, withdrawn or abandoned, or you made a claim in a country that shares immigration information with Canada.
  • You already have protection in Canada, or in another country you can return to, or you are inadmissible for serious reasons such as security or serious crime.
The one-year and 14-day rules do not apply to children under 18 who have no parent or legally responsible adult in Canada. People whose claim is found ineligible under these rules can still have their risk assessed through a pre-removal risk assessment.

Making your claim, step by step

  1. 01

    Start your claim

    Inside Canada, you send your information and ID through the IRCC Portal. At an airport or border crossing, you tell a border officer you want to claim asylum. If you cannot use the portal for accessibility reasons, you can ask IRCC for a paper application.

  2. 02

    Go to your eligibility interview

    IRCC invites you to an in-person interview where you officially make your claim. Officers keep your original travel documents and take fingerprints and photos. If you miss it, the file is closed and you would need to start again.

  3. 03

    Receive your documents

    If your claim is eligible, you receive a Refugee Protection Identity Document, a Notice of Application Due Date, instructions for your medical exam, and a conditional removal order that only takes effect if your claim ends without protection.

  4. 04

    Complete your claim within 60 days

    Finish your claim in the IRCC Portal, including your story and reasons, within 60 days. You can get one 30-day extension if you ask before the due date. This replaces the old Basis of Claim form.

  5. 05

    Prepare for your hearing

    Your claim goes to the Immigration and Refugee Board. Send your personal evidence on time, and your country evidence at least 10 days before the hearing, where a member decides your claim.

Please do not miss the 60-day deadline. A claim that is not completed on time can be declared abandoned, and an abandoned claim cannot be made again. If anything stands in your way, ask for the extension before the due date, and reach out to a legal aid office or a regulated representative.

Deadlines for your evidence

Your claim was referred to the BoardPersonal documents due
On or before November 2, 202610 days before your hearing
From November 3, 2026 to January 3, 202760 days after referral
From January 4, 202730 days after referral
When personal documents are due at the Board (IRB practice notice, November 2026)

Evidence about conditions in your country is due 10 days before your hearing in every case, and translations need a declaration from the person who translated them.

While you wait

  • Work: ask for a work permit inside your claim form. There is no fee, and it is issued once your claim is complete and you have passed the medical exam.
  • Health care: the Interim Federal Health Program covers basic care for free from the day you receive your claim document until provincial coverage starts. Prescriptions have a $4 co-payment each.
  • Study: children can attend school from kindergarten to grade 12 without a permit. Adults need a study permit for courses longer than 6 months.
  • Keep your Refugee Protection Identity Document valid: expired claimant documents have not been accepted since April 1, 2025.

After the decision

If the Board accepts your claim, you become a protected person and can apply for permanent residence, and your health coverage continues for 90 days while provincial coverage begins. If your claim is refused, you may be able to appeal to the Refugee Appeal Division: the notice of appeal is due within 15 days of receiving the decision, and your full appeal record within 45 days. You can also ask the Federal Court to review a decision within 15 days. Some decisions cannot be appealed, so read your decision letter closely and get legal advice quickly.

Frequently asked questions

Do I need a lawyer to claim asylum?

You are not required to have one, but legal help can make a real difference, especially with deadlines and evidence. Many provinces have legal aid for refugee claimants, and anyone who charges you for this help must be an authorized representative, such as a lawyer, a Quebec notary or a licensed immigration consultant.

Can I work while my claim is being decided?

Yes. You ask for a work permit as part of your claim, at no cost. It is issued once your claim is complete and your medical exam is done.

I came to Canada more than a year ago. Can I still claim?

If you first entered Canada after June 24, 2020, and more than a year has passed, a claim made on or after June 3, 2025 is generally not eligible. You may still be able to have your risk assessed through a pre-removal risk assessment. Please get legal advice about your situation.

What is the Refugee Protection Identity Document?

It is the document that replaced the refugee protection claimant document. It shows you have an eligible claim, and it is what you use to access the Interim Federal Health Program and other services while you wait.

You do not have to go through this alone. Settlement agencies, legal clinics and community groups across Canada help people with claims every day. Rules in this area changed very recently, so always check IRCC’s and the Immigration and Refugee Board’s own pages for the version that applies to you.

You don’t have to face the wait alone.

Thousands of people have shared their real timelines so the next person isn’t left guessing in the dark. Add yours, keep your own application and your family’s together in one place, and see a grounded estimate of how long your decision might take, drawn from people who are walking the same path.

  • Share your timeline and help the next applicant find their footing.
  • Track your own and your family’s applications together, in one calm place.
  • See a realistic estimate of your wait, based on people on the same journey.
Browse the tracker

It’s free, and what you track stays private to you. Sharing your timeline with the community is always your choice.

Key takeaways

  • You claim while you are in Canada, then complete your claim online within 60 days.
  • Claims made more than a year after you first arrived, or more than 14 days after crossing between border posts, are usually not eligible.
  • You can get a work permit and federal health coverage while you wait.
Sources

Last reviewed: Nov 8, 2026

This is a plain-language summary of official IRCC information, not legal or immigration advice. Rules do change, so please confirm anything that affects you on canada.ca.