In-Canada Asylum Refugee Claim

The In-Canada Asylum Refugee Claim is a legal pathway for individuals who are already physically present in Canada and fear returning to their home country. This process allows you to seek protection from the Canadian government if you face persecution or are at risk of serious harm abroad.

Unlike resettlement programs where refugees are selected from overseas, this pathway is initiated by the individual after they have arrived in Canada—either at a Port of Entry (airport, land border, or seaport) or from within the country (inland). If your claim is successful, you are recognized as a Protected Person, which serves as a direct bridge to permanent residency.

The Canadian asylum system is currently undergoing a major overhaul via Bill C-12 (Strengthening Canada’s Immigration System and Borders Act).

1. Strict Filing Deadlines: The implementation of the one-year filing bar is a significant shift from previous years when there was no time limit to claim asylum after arrival.
2. Health Care Costs: While the Interim Federal Health Program (IFHP) still provides coverage, new rules effective May 1, 2026, introduce mandatory co-payments. You will be responsible for a $4.00 fee per prescription and a 30% co-payment for supplemental services like dental and vision care.

While your claim is being processed—a period that currently averages 24 months due to backlogs—you hold specific rights and protections within Canada:

• Protection from Removal: You cannot be deported while your asylum claim is pending or under appeal.
• Right to Work: You are eligible to apply for an open work permit once your claim is deemed eligible, allowing you to work for any employer in Canada.
• Right to Study: You can apply for a study permit to attend post-secondary institutions. Minor children have the right to attend primary and secondary school for free.
• Health Coverage: You receive basic medical coverage through the Interim Federal Health Program (IFHP), which covers doctor visits and hospital stays.
• Path to Permanent Residency: If the Immigration and Refugee Board (IRB) approves your claim, you become a Protected Person. This status allows you to apply immediately for Permanent Residency for yourself and your family members, whether they are in Canada or abroad.
• Legal Representation: You have the right to be represented by a lawyer or authorized consultant at your hearing. In some provinces, you may be eligible for government-funded legal aid.