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Refugee claimant work permit: who gets one, when, and what changes if your claim is ineligible

By Prabhpreet Kaur Sangha, lawyer at Lawgical Law Corporation · Reviewed November 9, 2026

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Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.

Updated November 9, 2026: the November 3, 2026 amendments to section 206 of the Regulations (SOR/2026-218, Canada Gazette Part II, November 4, 2026), IRCC’s asylum work permit pages and the March 2026 public policy for ineligible claims checked on canada.ca and gazette.gc.ca that day.

The rule: A refugee claimant can get a free open work permit once the claim is found eligible to go to the Immigration and Refugee Board, the medical exam is passed, and they cannot pay for basic needs without working. Since November 3, 2026, that can happen before the claim is referred, once the required documents are in.

If the claim is ineligible: A temporary public policy lets most ineligible claimants apply for an open work permit while they wait for a Pre-Removal Risk Assessment. There is a fee, and Safe Third Country Agreement cases are not covered.

What to do: Ask for the work permit in your claim, finish the medical exam within 30 days, and keep your claim documents complete.

See the work permit table · Book a consultation

The lawyers who handle these files

Sundeep S. Grewal, Barrister and SolicitorSundeep S. GrewalBarrister and SolicitorPrabhpreet Kaur Sangha, Barrister and SolicitorPrabhpreet Kaur SanghaBarrister and SolicitorPardeep S. Grewal, Barrister and SolicitorPardeep S. GrewalBarrister and Solicitor
About our lawyers

Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.

Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.

Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.

If you made a refugee claim in Canada, you can get an open work permit once IRCC or CBSA finds your claim eligible, you pass the immigration medical exam, and you cannot support yourself without working. There is no fee for that permit. Since November 3, 2026, the Regulations allow the permit as soon as the claim is found eligible and the required documents are provided, rather than only after referral. If your claim is found ineligible under Bill C-12, you may still get an open work permit under a temporary public policy while you wait for a Pre-Removal Risk Assessment, but you pay the fee. This guide sets out each stage.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, represents refugee claimants from the eligibility stage through the hearing, the PRRA and the Federal Court.

Book a consultation about your refugee claim TapClick to open a short form. Our team will contact you to arrange a time.Short form, 4 quick fields Open form

Who gets a refugee claimant work permit?

You qualify for an open work permit as a refugee claimant if your claim has been found eligible to be referred to the Refugee Protection Division, you have passed your immigration medical exam, and you cannot pay for basic needs without working. You also have to meet the general work permit requirements. Family members qualify only if they also made a claim.

That is what IRCC’s page “You need a work permit” for refugee claimants (modified March 31, 2026) and “While you wait for a decision on your claim” (modified July 20, 2026) say. The legal basis is section 206 of the Immigration and Refugee Protection Regulations, which allows a work permit for a person in Canada who cannot support themself without working.

IRCC says: “There is no separate application or extra fees to apply.” You choose “Yes” when the online claim asks whether you want a work permit. If you didn’t, you can apply later with a copy of your refugee protection claimant document, proof you passed the medical exam, proof you need to work for basic needs, and proof that any family members with you are also claiming.

What changed on November 3, 2026?

On November 3, 2026, amendments to section 206 came into force. A work permit can now be issued once a claim has been found eligible but before it is referred to the Board, as long as the claimant has given the Minister the documents and information the Board’s rules require. The 180-day wait for nationals of designated countries of origin was repealed.

The amendments are the Regulations Amending the Immigration and Refugee Protection Regulations (Asylum System Reform), SOR/2026-218, registered October 23, 2026. They come into force with sections of Bill C-12 that order SI/2026-59 brought into force on November 3, 2026. The new paragraph 206(1)(a) covers a claim “determined to be eligible to be referred to the Refugee Protection Division” that “has not been referred”, where the claimant has provided “the documents and information required by the rules of the Board”. New paragraph 206(1)(a.1) keeps the permit available for a claim that “has been referred … but has not been determined”. The amendment also states: “Subsection 206(2) of the Regulations is repealed.” Before November 3, that subsection barred a work permit for designated-country claimants until 180 days after referral.

The same amendments set a 60-day deadline, under new section 159.8, to provide the claim documents after the eligibility decision, with one 30-day extension the Minister “must” grant if you ask before the period ends. Because the early work permit depends on those documents being in, a late or incomplete claim also delays the permit. The regulatory impact statement adds that the claimant must complete the immigration medical exam.

Work permit at each stage of a refugee claim

Whether you can work depends on where your claim stands. The table runs from the day you claim to the PRRA stage. Where we could not confirm a rule on an official source, it says so.

Where your claim is Work permit? Fee Rule or source
Claim made, eligibility not yet decided No. IRCC requires an eligibility finding first n/a IRCC work permit page; R206(1)
Found eligible, not yet referred, claim documents provided, medical exam passed Yes, open work permit (from November 3, 2026) None R206(1)(a) as amended by SOR/2026-218
Referred to the Refugee Protection Division, waiting for the hearing or decision Yes, open work permit None R206(1)(a.1)
National of a designated country of origin Same as above; the 180-day wait was repealed on November 3, 2026 None SOR/2026-218 (repeal of R206(2))
Claim refused by the RPD, appeal to the Refugee Appeal Division pending Yes, an existing permit can be renewed while the appeal is pending $155 (the fee exemption covers claims not yet decided by the RPD) R206(1); R299(2)(a)
Found ineligible under the one-year bar, the 14-day bar or another paragraph of s. 101(1) except (e) Yes, open work permit under a temporary public policy; an existing permit stays valid until it expires Non-refundable application fee IRCC public policy (March 26, 2026); ineligible claims information sheet
Found ineligible under the Safe Third Country Agreement (s. 101(1)(e)) Not covered by the public policy n/a IRCC public policy
Subject to an authority to proceed under the Extradition Act Not covered by the public policy n/a Public policy condition (IRPA s. 112(2)(a))
PRRA filed and removal stayed Can apply: a stayed removal order is unenforceable, and IRCC says “Pre-Removal Risk Assessment applicants can apply for a work permit” $155 R206(1)(b); SOR/2026-218 regulatory impact statement

What if my claim is found ineligible?

If your claim is found ineligible under any paragraph of section 101(1) except the Safe Third Country Agreement, you can apply for an open work permit under a temporary public policy while you wait to be told you can apply for a PRRA. You need an RPID, biometrics and a passed medical exam, and you pay the fee.

The policy is IRCC’s temporary public policy to facilitate access to open work permits for certain foreign nationals whose claims are ineligible, signed March 26, 2026 and in effect from Bill C-12’s royal assent. It covers claims found ineligible “under s.101(1)(a), (b), (b.1), (b.2), (c), (c.1), (d) or (f) of the Act”, for people who are not barred from a PRRA by section 112(2)(a). It has two parts:

  • New applicants: exempts you from several work permit requirements, including proof that you will leave at the end of your stay.
  • People who already hold a work permit: exempts you from the rule that a work permit is cancelled when your removal order becomes enforceable, so the permit stays valid until its expiry date.

The policy has no fixed end date and “may be revoked at any time”. IRCC’s information sheet on ineligible claims adds that you need biometrics and an immigration medical exam number first, that fees are non-refundable, and that “a work permit does not confer status” or extend your stay. IRCC’s “While you wait” page says ineligible claimants must “apply for a new open work permit” and “pay the non-refundable application fee”. The work permit processing fee is $155 (IRPR s. 299); the $100 open work permit holder fee does not apply to ineligible claimants.

The eligibility rules themselves are covered in our guide to the Safe Third Country Agreement and the 14-day and one-year bars, and the next step in our Pre-Removal Risk Assessment guide.

Mistakes I have seen

  • I have seen claimants leave the work permit question at “No” in the online claim and then wait months on a separate application.
  • I have seen work permits held up because the medical exam was not done within 30 days.
  • I have seen claimants keep working after an ineligibility decision on a permit they believed had been cancelled, or stop working on one that was still valid. Check the permit’s expiry date and the public policy before you decide.

Frequently asked questions

How long after making a refugee claim can I work?

You can work once you hold the work permit, which requires an eligibility finding and a passed medical exam. We don’t give processing times because IRCC’s timing varies by case.

Do I need a job offer?

No. The refugee claimant permit is an open work permit, and IRCC tells applicants to leave the employer section blank.

Can my spouse get a work permit too?

Only if your spouse also made a refugee claim, according to IRCC. A family member who is not a claimant needs a permit on some other basis.

Does my work permit end if my claim is found ineligible?

Not if the temporary public policy applies to you: IRCC says an existing permit stays valid until its expiry date. The policy does not cover Safe Third Country Agreement cases.

Do I need a Social Insurance Number?

Yes. IRCC’s information sheet says you cannot work unless you have both a work permit and a SIN.

Related guides: refugee claim ineligible under the one-year rule and the 60-day deadline to complete a refugee claim.

What should I do right now?

Check where your claim stands: eligible, referred, or found ineligible. Keep your RPID, medical exam proof and any work permit together. If you received an ineligibility letter, the work permit is only part of the problem. The removal order comes into force 7 days after the decision, and the PRRA is what protects you. Read our refugee claim process guide for the steps after a claim is found eligible.

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Sources (official)

This article is general information, not legal advice. Every case depends on its own facts.