Canada Refugee Claim Process
Martins ChimaPosted in GoAbroad Blog & NewsTagged

People who are interested in the Canada Refugee Visa Application Process can also know how to check their eligibility status from the official Canada Asylum Rules: Bill C-12 Changes, STCA Border Policies, Safe Third Country Agreement & Protected Person Rights. Canada offers refugee protection (commonly called asylum) to people who face a well-founded fear of persecution or serious risk of harm in their home country. This is not an automatic visa or a guaranteed path to permanent residence. Claims are carefully screened, and many are refused. Below is a clear, step-by-step overview of the current process, eligibility rules, timelines, and how someone already in Canada on a visitor visa can make a claim.

Who is Eligible to Make a Refugee Claim?

A Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) officer first decides whether a claim is eligible to be referred to the Immigration and Refugee Board of Canada (IRB).

You are generally not eligible if:

  • You have previously made a refugee claim in Canada.
  • You have been recognized as a refugee in another country and can safely return there.
  • You arrived from or through the United States under the Safe Third Country Agreement (with limited exceptions such as having family in Canada or being an unaccompanied minor).
  • You are inadmissible on grounds of security, serious criminality, organized criminality, or human/international rights violations.
  • Under rules that took effect in 2025–2026 (Bill C-12), your claim was made more than one year after your first entry into Canada (for entries after June 24, 2020), or more than 14 days after an irregular entry between Canada–U.S. ports of entry.

Official eligibility information: Canada.ca – Eligibility for claiming asylum

Step-by-Step Refugee Claim Process

1. Make the claim

2. Eligibility interview and biometrics

An officer interviews you, collects fingerprints and a photo, and reviews your documents. A decision on eligibility is usually faster at the border than inland.

3. Complete and submit the Basis of Claim (BOC) form

This is the detailed written account of why you fear returning to your country. Each family member needs their own form.
Official form and instructions: IRB Basis of Claim form

4. Referral to the Immigration and Refugee Board (IRB)

If the claim is eligible, it is sent to the Refugee Protection Division of the IRB for a hearing.

5. IRB hearing and decision

You present evidence and testimony. In clear cases the IRB may decide without a full hearing. If accepted, you become a protected person. If refused, you may request leave for judicial review at the Federal Court.

6. Apply for permanent residence (if successful)

Protected persons can apply for permanent residence from inside Canada. Official page: Apply for permanent residence as a protected person

7. If the claim is refused – Pre-Removal Risk Assessment (PRRA)

Before removal, most people can apply for a PRRA. An IRCC officer reassesses risk (usually only new evidence or changes in country conditions are considered if the IRB already decided the claim). Official PRRA information: Pre-removal risk assessment. These are the Reasons an Immigrant’s Visa Application May Be Rejected or Deported.

How Visitor Visa Holders Can Claim Asylum and Seek Permanent Stay

People already in Canada on a visitor visa (temporary resident visa) can make an inland claim through the IRCC Portal described above. Making a claim does not automatically cancel your visitor status, but once the claim is accepted as eligible you receive a Confirmation of Referral and are generally allowed to remain in Canada while the IRB processes the case. You may also become eligible for a work permit and Interim Federal Health Program coverage.

Important points:

  • Asylum is not a pathway designed for people who simply want to stay longer after a visit. Officers and the IRB look for genuine protection needs.
  • Under current rules, claims made more than one year after first entry into Canada are generally ineligible for referral to the IRB.
  • If the claim succeeds, you become a protected person and can apply for permanent residence.
  • If the claim fails, removal proceedings follow (subject to any PRRA or Federal Court review).

Claiming asylum while on a visitor visa is therefore possible, but success depends entirely on meeting the legal definition of a Convention refugee or person in need of protection. It is not a guaranteed route to permanent status.

Read: How to Check your Canada Immigration Rights, Status Verification, Legal Protections and Responsibilities

Best Time to Apply and Typical Wait Periods

Best time to apply

Apply as soon as you have a genuine need for protection. Delaying can create eligibility problems under the one-year rule and may weaken the credibility of your claim. Gather identity documents, evidence of risk, and supporting country-condition reports before you start.

Typical timelines

  • Eligibility decision: Often same-day or within a few days at a port of entry; longer (weeks) for inland claims.
  • Submission of Basis of Claim form: Strict deadlines apply (usually 15–45 days depending on where the claim was made).
  • IRB hearing and decision: Average wait times have been approximately 18–22 months in recent periods, though times vary by volume, complexity and location. Some straightforward cases move faster.
  • Permanent residence application after acceptance: Processing times vary; check the IRCC processing-times tool for current estimates.
  • PRRA: Decision timelines depend on the individual case and whether new evidence is submitted.

Processing times change with claim volumes and resources. Always check the latest information on the official IRCC and IRB websites.

Key Official Links

Final Note

Canada’s refugee system exists to protect people who genuinely need it. Claims are assessed rigorously, many are refused, and recent legislative changes have tightened eligibility and processing. Anyone considering a claim should review the official government resources carefully and, where possible, seek advice from a licensed immigration consultant or lawyer. Misrepresentation or weak claims can lead to removal and future bans from Canada.