Refugee Status in Canada: How Claims Work Inside and Outside Canada
Refugee status in Canada is reached in two different ways. Inside Canada, you make an asylum claim, IRCC or the Canada Border Services Agency checks whether it is eligible, and the Immigration and Refugee Board decides it at a hearing. Outside Canada, you cannot apply directly: you must be referred by the UN Refugee Agency, a designated referral organization or a private sponsor. Since 2025, claims made more than one year after first entry are generally ineligible.
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This page is free to read and nothing on it asks you to book a call. If you are unsure which route or rule applies to you, the free assessment reviews your situation; a hearing before the IRB is best prepared with a licensed representative.
On this page
- Two routes to refugee status in Canada
- Who cannot claim refugee status in Canada
- If you enter from the United States
- The IRB hearing
- Resettlement from outside Canada
- Questions about refugee status in Canada
Two routes to refugee status in Canada
If you are already in Canada or arriving at a port of entry, you claim asylum. If you are outside Canada, the route is resettlement, and you must be referred by the UNHCR, a designated referral organization or a private sponsorship group; you cannot apply directly to IRCC.
| Where you are | Route |
|---|---|
| Inside Canada | Asylum claim, online |
| At a port of entry | Asylum claim at the border |
| Outside Canada | Resettlement, by referral only |
IRCC warns that claiming asylum is not a shortcut to immigrate or stay longer, and that lying on a claim can lead to a ban. Sources: IRCC, refugee protection in Canada and resettlement.
Who cannot claim refugee status in Canada
A claim is ineligible if you are a Convention refugee in another country you can return to, already have protected person status in Canada, are under a removal order, already claimed in another country, are inadmissible on security, criminality or human rights grounds, or made an earlier claim in Canada that was ineligible, rejected, abandoned or withdrawn.
For claims made on or after 3 June 2025, a claim is also ineligible if made more than 1 year after first entering Canada (for entries after 24 June 2020, even if you left since) or more than 14 days after entering between ports of entry along the Canada and US land border. Unaccompanied minors are exempt. Sources: IRCC, asylum eligibility and Bill C-12 backgrounder. The law behind these rules is covered in our guide to the Strong Borders Act.
If you enter from the United States
Under the Canada and US Safe Third Country Agreement, a person who enters from the US at a land border crossing, or claims within 14 days of entering, is returned to the US unless they meet an exception or exemption.
Source: IRCC, asylum eligibility: if you enter from the US.
The IRB hearing
If the claim is eligible, it is sent to the Immigration and Refugee Board, which holds a hearing. You must show you are a Convention refugee, with a well-founded fear of persecution for race, religion, political opinion, nationality or membership in a particular social group, or a person in need of protection, facing a danger of torture, a risk to life or cruel and unusual treatment.
If a claim is ineligible, the person is referred to CBSA for removal and told whether they can apply for a pre-removal risk assessment. Source: IRCC, meet the requirements. Documents not in English or French need certified translations; see our guide to IRCC translation requirements.
Resettlement from outside Canada
To be referred, you must fit the Convention refugee abroad class or the country of asylum class. Convention refugees abroad can be government-assisted, privately sponsored or blended visa office-referred; country of asylum class refugees can be privately sponsored or self-supporting, but still need a referral.
Source: IRCC, how to be resettled in Canada as a refugee. Who is seeking asylum in Canada is covered in our article on asylum seekers in Canada.
Questions about refugee status in Canada
Can I apply for refugee status from outside Canada?
Not directly. You must be referred by the UNHCR, a designated referral organization or a private sponsor.
Is there a deadline to claim asylum in Canada?
For claims made on or after 3 June 2025, a claim more than 1 year after first entry (after 24 June 2020) is ineligible.
Who decides a refugee claim?
The Immigration and Refugee Board, at a hearing, once IRCC or CBSA finds the claim eligible.
What if I came through the United States?
The Safe Third Country Agreement may apply, and you may be returned to the US unless an exception applies.
What happens if my claim is ineligible?
You are referred to CBSA for removal and told whether you can apply for a pre-removal risk assessment.
Check eligibility first, then prepare the evidence
Most claims turn on two things: whether the claim is eligible to reach the IRB, and whether the evidence shows the risk you face. Check the eligibility rules and the dates that apply to you before anything else. Send us your situation and we will tell you where you stand.
Reviewed by Frederick Li, RCIC-IRB Level 3 (College ID R506683) and Jin (Cellia) Xiao, RCIC Level 2 (College ID R512398), both listed as Entitled to Practise on the CICC public register. Verify any Canadian immigration consultant at register.college-ic.ca.
Requirements described on this page are taken from the published criteria of Immigration, Refugees and Citizenship Canada (and, where the page says so, Statistics Canada or the relevant province) and were checked on the date below. Immigration rules change, and the official criteria govern, so confirm the current requirement before you act on anything here.
No representative can guarantee an immigration outcome, and we do not promise one. What we commit to is a complete, correctly prepared application and a named licensed consultant responsible for it. Canada Shaws Consulting Inc. provides immigration consulting services as Regulated Canadian Immigration Consultants; we are not a law firm and do not provide legal services.
Last updated: 25 September 2026.
