Refugee claimants in Canada are eligible to apply for an open work permit — a work permit with no employer restriction and no requirement for a Labour Market Impact Assessment (LMIA). This allows claimants to support themselves while their refugee claim is being processed by the Immigration and Refugee Board (IRB).

The standard pathway requires that the refugee claim has been referred to the Refugee Protection Division (RPD) of the IRB. A temporary public policy also allows certain eligible claimants to apply before their claim has been formally referred, provided they have submitted to a medical examination and their claim has been determined to be eligible to be referred. Separate provisions apply for claimants whose claims are determined to be ineligible to be referred to the IRB.

• IRPA s 206(a) — open work permits for persons in Canada whose claim for refugee protection has been referred to the RPD
• Temporary public policy — exemption from referral requirement — canada.ca/refugee-work-permits
• Temporary public policy — ineligible claimants — canada.ca/work-permit-ineligible-claim
• IRCC: Open work permits — canada.ca/open-work-permit

Standard pathway — referred refugee claimants

Under IRPA s 206(a), a refugee claimant in Canada whose claim has been referred to the Refugee Protection Division (RPD) is eligible to apply for an open work permit. The referral to the RPD is the formal step that places the claim before the IRB for a hearing — it is distinct from the initial eligibility determination, which establishes whether the claim can be referred at all.

Once referred to the RPD, the claimant can apply for an open work permit in Canada. The work permit is typically granted for a period that covers the processing of the claim. There is no processing fee for refugee claimants who have not yet received a final decision on their claim.

Temporary public policy — before referral

IRCC has implemented a temporary public policy that allows certain refugee claimants to apply for an open work permit before their claim has been formally referred to the RPD. Under this policy, a claimant is eligible if:

• They are in Canada
• They have submitted to a medical examination required under IRPA
• Their claim has been determined to be eligible to be referred to the RPD (i.e., it has passed the initial eligibility screening under IRPA s 101, even if it has not yet been formally referred)

This public policy allows claimants to begin working sooner, rather than waiting for the administrative step of formal referral. Practitioners should check the current status and conditions of this public policy at the IRCC refugee work permits policy page, as public policies can be amended or rescinded.

Ineligible claimants — separate public policy

Refugee claimants whose claims are determined to be ineligible to be referred to the IRB (under IRPA s 101 — for example, because they previously made a claim, they are subject to the Safe Third Country Agreement, or their claim has otherwise been found ineligible) are not eligible under IRPA s 206(a) or the standard refugee claimant work permit pathway.

However, a separate temporary public policy provides a work permit pathway for certain ineligible claimants. Under this policy, a claimant whose claim is ineligible may become eligible for an open work permit once they are notified of their eligibility for a Pre-Removal Risk Assessment (PRRA). The PRRA is a risk assessment available to individuals facing removal from Canada — ineligible claimants are typically assessed for PRRA rather than having a full IRB hearing. For the current conditions of this public policy, refer to the IRCC policy page for ineligible claimants.

Nature of the work permit

The work permit granted to refugee claimants is an open work permit — it is not tied to a specific employer and does not require an LMIA. The claimant can work for any employer in Canada (subject to any occupation or condition restrictions noted on the permit). An open work permit is distinguishable from a closed (employer-specific) work permit.

Duration and renewal

The work permit is typically issued for a period that covers the expected processing time for the refugee claim. If the claim is still pending when the work permit expires, the claimant should apply to extend the work permit before it expires. For current processing times and how to apply, refer to the IRCC open work permit page.

For current processing times and fees (or fee exemptions), refer to the official IRCC pages: open work permit and refugee claimant work permit policy. Fee exemptions and eligibility conditions can change.

The work permit does not confer any right to remain in Canada beyond the terms of the refugee claim process. If the refugee claim is rejected and all appeal and judicial review rights are exhausted, the claimant becomes subject to removal and the work permit ceases to be valid.

The temporary public policies referenced on this page are subject to amendment or revocation by IRCC. Immigration practitioners should verify the current status of any public policy before advising a client to rely on it.