Refugee and Humanitarian Protection in Canada (2026)

Canada resettles refugees who are outside their home country. You cannot apply directly online; you need one of these:

• A referral from the UN refugee agency (UNHCR) or another referral organization, for Government-Assisted Refugees.
• A private sponsor, such as a Sponsorship Agreement Holder (often a faith or community organization), a Group of Five Canadians, or a community sponsor.
• A blended referral, where government and private sponsors share costs.

Resettled refugees become permanent residents when they land in Canada. Numbers are set in the yearly Levels Plan, and private sponsorship spaces are limited. See refugee resettlement.

If you are in Canada, or arriving at a port of entry, and fear persecution, torture, or a risk to your life if returned, you can make a refugee claim. An officer first decides whether your claim is eligible to be sent to the Immigration and Refugee Board (IRB), which then holds a hearing.

Eligibility limits you must know:

• The 1-year rule. Under Bill C-12 (law since March 26, 2026, applying to claims made on or after June 3, 2025), claims made more than one year after your first entry to Canada after June 24, 2020 are not referred to the IRB, even if you left and came back.
• Crossing from the US. Under the Safe Third Country Agreement, most people arriving from the US by land cannot make a claim, unless an exception applies (for example, certain family members in Canada or unaccompanied minors). This also covers people who cross between official ports and claim within 14 days.
• Past claims in Canada or in certain partner countries can make you ineligible.

People found ineligible may still get a pre-removal risk assessment (PRRA), which looks at the risk of return but gives fewer rights than a hearing. See asylum in Canada.

A humanitarian and compassionate (H&C) application asks IRCC to grant permanent residence to someone who does not fit any program, because of exceptional circumstances. Officers weigh factors such as how settled you are in Canada, the best interests of any children affected, and the hardship you would face if you had to leave.

H&C is discretionary and slow, and it generally does not stop removal while pending. It cannot be used to argue the same risk that a refugee claim covers.

If the IRB accepts your claim, you become a protected person. You can then apply for permanent residence and include your spouse and dependent children, even if they are outside Canada. Protected persons can get a refugee travel document instead of using their home country's passport.

Be careful about travel. Returning to the country you fled, or applying for or using its passport, can lead IRCC to end your protection and, in some cases, your permanent residence. Talk to your lawyer or consultant before you travel anywhere.

If the IRB refuses your claim, you may be able to appeal to the Refugee Appeal Division or ask the Federal Court to review the decision, but deadlines are very short.

• Bill C-12 became law on March 26, 2026, adding the 1-year and 14-day eligibility rules and other measures.
• A one-time measure will grant permanent residence to about 115,000 people already found to be protected persons. See the protected persons pathway.
• The Economic Mobility Pathways Pilot is becoming a permanent program for skilled refugees.
• Asylum claims already referred before the new rules continue at the IRB; ask your representative how the changes affect your case.

Follow updates on the Canada Status Now page.

Please get qualified help before you make a claim or file an application. Deadlines are short: after a claim is referred, you must usually file your Basis of Claim form within 15 days, and a missed deadline can end your case.

• Provincial legal aid programs often cover refugee claims for people with low income.
• Refugee lawyers and licensed immigration consultants (RCICs) can represent you. Check their license; see how to verify a lawyer or consultant.
• Settlement agencies funded by IRCC offer free help with housing, language classes, and services.
• UNHCR can explain resettlement options if you are outside Canada.

Never pay anyone who promises a guaranteed outcome. See scam protection. For other countries, see humanitarian protection in the USA and refugee status in Mexico.