Claiming asylum in Canada: the process in force since November 3, 2026

Claiming asylum in Canada no longer works the way many people, and many older websites, describe it. Since November 3, 2026, a claim made from inside Canada starts online but only counts as made once you sit down with an officer. That one change affects your deadlines, your documents and when you can work. This guide walks through the process in the order you'll actually face it, based on IRCC's pages updated November 3, 2026, which we read on November 4, 2026.

Your question	The short answer
Where do I start?	In the IRCC Portal if you're already in Canada; with a border officer if you're arriving at an airport or border crossing.
When is my claim officially made?	At the in-person eligibility interview, not when you submit in the portal.
What can stop it from reaching a hearing?	An ineligibility rule, such as the one-year rule, the 14-day rule or the Safe Third Country Agreement.
How long do I have after an eligible decision?	60 days to complete the claim, plus one automatic 30-day extension if you ask before the due date.
When can I work?	Once you've submitted the complete claim and passed the immigration medical exam, and the permit has been issued.
Does it cost anything?	There's no processing fee for an asylum claim made in Canada.

Already in the system? Start here

If you made your claim before November 3, 2026, IRCC says it will process it as usual. You don't start over. If you opened a claim in the portal before that date but never submitted it, your personal information is saved, but you have to answer new questions and review the old ones.

The rest of this guide is for people starting now. The changes come from the Strengthening Canada's Immigration System and Borders Act, which became law on March 26, 2026, and the regulations that took effect on November 3. Two things to unlearn right away: IRCC no longer issues an Acknowledgement of Claim letter, and the old claimant document has been replaced by the Refugee Protection Identity Document, or RPID.

Before you open the portal: could your claim be ineligible?

Eligibility is a gatekeeping question. It doesn't test whether your fear is real. It decides whether the Immigration and Refugee Board (IRB) will ever hear your case, and the burden is on you to show that it should. So this check comes first.

You can't claim asylum at all if you're under an active removal order. Beyond that, IRCC lists these reasons a claim is ineligible:

• you already have protected person status in Canada;
• you already made a claim in Canada that was rejected, found ineligible, withdrawn or abandoned;
• you already claimed asylum in a country that shares information with Canada;
• you can return to a country where you're a Convention refugee;
• you're inadmissible for security, human or international rights violations, organized crime or serious criminality;
• you enter from the United States along the land border, under the Safe Third Country Agreement;
• you claim more than a year after your first entry to Canada following June 24, 2020;
• you claim more than 14 days after crossing from the United States between ports of entry.

The one-year rule, with a worked example

The clock runs from your first entry after June 24, 2020, even if you've since left and come back. The rule applies to claims made on or after June 3, 2025. It can affect people who arrived as students, workers or visitors and whose situation at home changed later.

The important exception is built around the new online step. If you submit the start of your claim in the portal before the year is up, the rule doesn't count against you, even if your interview happens later. IRCC's instructions set the cut-off at 11:59 p.m. Pacific time on the first anniversary of your first entry, wherever you are. Unaccompanied minors are also exempt.

Here's a fictional case. Maya first enters Canada on a study permit on September 2, 2026. Her situation changes, and she decides to claim in August 2027. She's inside the year, so she can prepare carefully. If she waits until after September 2, 2027 to submit in the portal, her claim will be ineligible on that ground, and it will never reach the IRB. A portal submission on the last possible week is legally enough, but leaves no margin for an error, so don't plan around it.

The 14-day rule and the Safe Third Country Agreement

These two work together at the Canada-US land border. If you arrive from the United States at an official land crossing, or cross between ports of entry and claim within 14 days, the Safe Third Country Agreement applies: your claim is ineligible and you'll be returned to the US, unless you meet an exemption or exception. If you crossed between ports of entry and claim after 14 days, the 14-day rule makes the claim ineligible instead, unless you're an unaccompanied minor. The portal exception only applies to the one-year rule. The Agreement also covers arrivals by train and, in a limited case, at airports.

The Agreement's exceptions cover family members in Canada, unaccompanied minors, holders of certain documents, and the public interest. Check the details on IRCC's page on the Agreement before relying on one, and remember that meeting an exception doesn't remove the other eligibility rules.

What the IRB will eventually want to see

If your claim is eligible, the hearing turns on whether you fit one of two definitions. A Convention refugee fears persecution because of race, religion, nationality, political opinion or membership in a particular social group. A person in need of protection faces a danger of torture, a risk to their life, or a risk of cruel and unusual treatment or punishment.

Either way, you'll need to show that the authorities in your country can't or won't protect you, and you may have to show that you can't live safely in another part of the country. Keep that in mind from day one, because the personal evidence you start gathering now is what you'll be relying on later.

Step 1: submit the first part in the IRCC Portal

If you're in Canada, you create one portal account for yourself and the family members claiming with you, and you can't change the email address on it afterward. So use one you'll keep. You and each family member upload a copy of a passport, travel document or other identity document, enter your information, and answer questions about your background.

You can also upload personal evidence at this stage. IRCC won't use it to decide eligibility, but it will ask for it later, and some documents take a long time to obtain. Answer every question honestly: giving false or misleading information is a serious offence.

If you can't use the portal for accessibility reasons, you can email IRCC to ask for a paper application; it says it replies within two business days. Mailing in forms without that approval won't work.

If you're arriving at an airport or land crossing, this step doesn't apply yet. You make the claim to a CBSA officer on the spot, the officer decides eligibility after an interview, and you complete the claim online afterward.

If someone is helping you

A paid representative must be authorized. You both sign the Use of a Representative form (IMM 5476), and you upload it. That person can complete forms and deal with IRCC from their own account, but they can't open a portal account for you, sign in with your password or sign electronically for you. You have to read the declaration and type your name yourself. An unpaid representative, such as a relative, doesn't need to be authorized, uses the same form and can't sign for you either. You're also free to apply without a representative: hiring one doesn't draw special attention to your claim and doesn't mean it will be approved. To check someone's status, see our guide on checking that an immigration consultant is authorized.

Step 2: the in-person eligibility interview

Once IRCC confirms your first submission is complete, it invites you to an interview. If something's missing, you get a portal message with a deadline. Miss that deadline, or miss the interview, and IRCC closes your file. Because no eligibility decision was made, you can apply again later, but a new claim started after the one-year mark may be ineligible: we found nothing saying that a closed submission keeps its date.

Everyone on the claim brings their original passports and travel documents, plus any other ID. The officer seizes the originals and gives you certified copies, takes fingerprints from anyone 14 or older, and takes photographs. You'll be asked about who you are and what you submitted, so make sure you can stand behind every answer. If a date is uncertain, say so instead of guessing.

At the end, the officer tells you whether your claim is eligible. If it is, you leave with:

• a conditional removal order, which only takes effect if your claim is withdrawn, abandoned or rejected;
• a Notice of Application Due Date, which starts your 60 days;
• your RPID, which confirms your identity and claim and gives you access to temporary health care;
• instructions for your immigration medical exam;
• an information package on the process and your health coverage.

A conditional removal order sounds alarming, but it's a standard part of an eligible claim. What matters is keeping the claim alive.

Step 3: complete the claim within 60 days

This is where you explain why you need protection and can't go home. You have 60 days from the Notice of Application Due Date. If you need more time, ask in the portal under "Continue an application you haven't submitted" before the original due date. The 30-day extension is automatic, it's only available once, and it applies to your whole family group.

Treat the due date seriously. Pre-referral abandonment is one of the most important new risks. Your claim goes to the IRB for abandonment proceedings if you don't complete it on time, if you don't send requested information by the deadline, or if you miss an appointment or interview with IRCC or the CBSA. You'll get a letter in the portal explaining why.

You can still stop that process as long as the IRB hasn't decided: submit the complete claim, send what's missing, or book and attend a new appointment. IRCC then confirms in the portal that the process has ended. If the Refugee Protection Division writes to you, meet the deadline in its letter. If the claim is declared abandoned, your removal order takes effect and any later claim is ineligible.

What goes where

Document	Where it goes	When
Personal evidence	IRCC Portal	While completing your claim; IRCC includes it when it sends the file to the IRB
Updates and extra personal evidence before referral	IRCC web form	Until you receive the Confirmation of Referral
Updates and documents after referral	Directly to the IRB	Once you have the Confirmation of Referral
Evidence on country conditions	Directly to the IRB, never the portal	At least 10 days before your hearing

The IRB may accept late documents if they're important to your case and needed to make a fair decision, but you have to make a special request. It's far better to organize early: sort your evidence by event, note what each document proves, and write down why anything important is missing and what you did to try to get it.

Living in Canada while you wait

Work. You need a valid work permit to work legally. Answer "Yes" to the work permit question while completing your claim: there's no separate application and no fee. The permit arrives by mail after you've submitted the complete claim and passed your medical exam. Then apply for a social insurance number. If you forgot to ask, you can apply separately at no cost, with a copy of your RPID, proof of your medical exam, proof that you need a job to pay for food, clothing and shelter, and proof that any family members you're requesting permits for are with you and also claiming.

Study. Adults need a study permit for a program of more than six months. Children under 18 don't need one for kindergarten, primary or secondary school, and their RPID can be used to register them.

Health care. The Interim Federal Health Program pays for your immigration medical exam and provides limited, temporary coverage until you're covered by a provincial or territorial plan, up to 90 days after you become a protected person, or until you leave Canada. It ends immediately if you withdraw your claim or the IRB declares it abandoned.

If you live in Quebec. The Quebec government says you and your family may be entitled to certain services while your claim is examined, including last-resort financial assistance, legal aid, school for children and French courses. See its page for asylum seekers (in French), which links to a guide in English.

Your address. Keep your address and contact details current. A missed letter can turn into a missed deadline.

The hearing, and what follows

After your claim is complete, screening and other checks are done and the file goes to the IRB, and you get a Confirmation of Referral. The IRB then sends a Notice to Appear with the date, time and place. The question is no longer whether your claim could be referred, but whether your story, your risk and your evidence hold together.

People who've lived through trauma can have fragmented memories and uncertain dates. Don't fill the gaps with details you're not sure of. A chronology that separates what you know from what you're estimating is more honest and easier to explain than one that looks too neat. Anchor uncertain events to something you can verify, such as a medical visit or a dated message.

Among regulated consultants, Class L3 (RCIC-IRB) licence holders are the ones who can represent clients before the IRB. Our IRB representation page explains what that covers, including the claim form, documentary evidence and testimony preparation.

The IRB may give its decision right away or send it in writing later. If it accepts your claim, you become a protected person, which means you can stay in Canada and apply for permanent residence. In Quebec, the provincial government also describes a permanent selection application for people in that situation.

If it rejects your claim, you may have to leave Canada, and the clocks start quickly. IRCC points to an appeal to the Refugee Appeal Division where available (according to the IRB's guide, 15 days for the notice of appeal and 45 days for the appellant's record, from receiving the written reasons), a pre-removal risk assessment if the CBSA says you're eligible, the Federal Court once your appeals are used up, and, in exceptional cases, humanitarian and compassionate considerations, subject to the 12-month bar.

If your claim is found ineligible

An ineligible claim doesn't go to the IRB, and that decision isn't a finding about whether your fear is genuine. Your file moves to the CBSA.

Under the Safe Third Country Agreement, the CBSA returns you to the US immediately. In other cases, you get a decision letter, a conditional removal order, certified copies of seized documents, an RPID and medical exam instructions. The removal order becomes enforceable after 7 days unless there's a stay. From there, you can leave voluntarily, calling the CBSA removals line to confirm your departure, or wait for a removal interview, where the CBSA tells you whether you can apply for a pre-removal risk assessment (PRRA). If you leave, you may need an Authorization to Return to Canada to come back.

A valid work permit stays valid until it expires under a temporary public policy, and a new one means paying non-refundable fees. With an RPID and no valid permit, you can apply and pay those fees. A study permit is cancelled automatically once the removal order is enforceable; if the CBSA tells you that you can apply for a PRRA and you do so within 15 days, you can apply for a new study permit and pay the fees. Temporary health care remains possible on a limited basis. An H&C application isn't available while a PRRA application from an ineligible claim is pending, so have the sequence checked before you act.

Mistakes that cost people their claim

• Assuming a portal submission is the claim. It protects you on the one-year rule, but the claim is made at the interview.
• Letting the 60 days slide without asking for the extension before the original due date.
• Sending country-condition evidence to the portal instead of to the IRB.
• Sending updates to the wrong place after the Confirmation of Referral.
• Withdrawing casually. If you withdraw an eligible claim, your removal order takes effect and any later claim is ineligible. Withdrawing before the eligibility decision doesn't have that effect on a later claim, and reinstatement can be requested from IRCC after a withdrawal made before referral.
• Giving your portal password to a representative or helper.
• Paying an unauthorized person for immigration advice.

Frequently asked questions

Is there a fee to claim asylum in Canada?

No. There's no processing fee for an asylum claim made in Canada, and no fee to replace an RPID. A work permit requested with an eligible claim is also free.

Can I claim from outside Canada?

No. Only people in Canada can claim asylum. People abroad fall under a different system, refugee resettlement, which follows its own rules.

Who counts as family on my claim?

Your spouse or common-law partner, your dependent children, and their dependent children can claim with you from one portal account. Each person has to meet the requirements. A relative who's still abroad doesn't become a claimant through your file.

What happens if the main applicant's claim is ineligible?

IRCC says another family member must take over the application, using the same email address and password. Each person's eligibility is assessed.

What if I don't have a passport?

Upload and bring whatever identity documents you have, and explain what's missing and what you've done to get it. At a port of entry, the CBSA may detain a person with no identification until it can confirm their identity.

What does a representative designated by IRCC do?

Vulnerable claimants, such as unaccompanied minors or people who don't understand the process, are assigned a designated representative to support them at certain steps, now from before the claim is referred to the IRB.

Does using a representative speed up my claim?

No. IRCC says using a representative doesn't draw special attention to your application and doesn't mean it will be approved. Good help can reduce avoidable mistakes, but no one can promise an outcome.

See also: IRB representation, humanitarian and compassionate grounds, complex cases, inadmissibility, officer decision notes after a refusal, consultation.

Conclusion

Since November 3, 2026, claiming asylum in Canada has been a staged process: check eligibility, submit in the portal, attend the interview, complete the claim within 60 days, then prepare for the IRB. Many of the new risks are about timing and procedure, and many can be reduced if you plan ahead.

If your situation involves an old claim, a land-border crossing, a date close to the one-year mark or a past removal order, get it looked at before you submit. You can describe your situation or book a consultation to talk it through.

Official sources

Official pages consulted on November 4, 2026:

• IRCC — Claiming asylum in Canada
• IRCC — Changes to Canada’s asylum process in 2026
• IRCC — Who can apply
• IRCC — Start a claim from inside Canada
• IRCC — Start a claim at a port of entry
• IRCC — Complete an eligible claim
• IRCC — While you wait for your hearing
• IRCC — If your claim is ineligible
• IRCC — After your hearing
• IRCC — Safe Third Country Agreement
• Québec — Demandeurs d’asile (French)
• IRCC — Claims for refugee protection: intake (fees)
• IRB — Appellant’s Guide
• IRB — Pre-referral abandonment process