Canada’s immigration landscape has undergone a significant shift. On March 26, 2026, Bill C-12 — the Strengthening Canada’s Immigration System and Borders Act — received Royal Assent and officially became law. Among its most consequential provisions are two new eligibility rules that directly affect who can have their asylum claim heard by the Immigration and Refugee Board of Canada (IRB).
If you or someone you know has entered Canada and is considering making an asylum claim, these changes are critical to understand.
The Two New Asylum Eligibility Rules
Both rules apply to all claims made on or after June 3, 2025, regardless of when someone entered Canada.
1. The One-Year Rule: Time Since Entry Matters
If a person first entered Canada after June 24, 2020, and waits more than one year before making an asylum claim, that claim will not be referred to the IRB. This applies even if the person has since left and re-entered Canada — the clock starts from the first entry into Canada.
This rule is designed to discourage people from living in Canada on a temporary or irregular basis for extended periods before turning to the asylum system as an alternative to regular immigration pathways.
2. The 14-Day Rule: Irregular Border Crossings
For individuals who cross the Canada–US land border between official ports of entry, they must make their asylum claim within 14 days of crossing. Claims filed after that window will not be referred to the IRB.
Note that this is separate from the Safe Third Country Agreement (STCA). People claiming asylum at an official port of entry or within 14 days of irregular crossing are still subject to existing STCA rules and may be returned to the US unless they qualify for an exception.
What Happens If Someone Is Ineligible?
Being found ineligible under these new rules does not mean immediate deportation. Those affected will still have access to a Pre-Removal Risk Assessment (PRRA) — a process that evaluates whether returning someone to their country of origin would expose them to persecution, torture, or other serious harm. Special guidance has also been issued for officers dealing with unaccompanied minors.
Why These Changes Were Made
The Government of Canada introduced these measures to:
- Reduce the backlog and pressure on the asylum system
- Deter misuse of asylum claims as a shortcut to regular immigration
- Close loopholes that allowed long delays before filing
- Protect the system for those who genuinely need protection
What Skilled Workers and PR Applicants Should Know
If you are in Canada on a work permit or other temporary status and considering your long-term immigration options, these changes are a clear signal: Canada’s asylum system is not a substitute for regular immigration pathways. Permanent residency routes such as Express Entry and Provincial Nominee Programs remain strong options — and working with a qualified immigration lawyer ensures you stay on the right track.
Get Expert Guidance From Visaserve
The rules around asylum eligibility are complex, and missing a deadline or misunderstanding your options can have serious consequences. At Visaserve Immigration Law P.C., our experienced legal team stays current on every regulatory change so you don’t have to.
Contact us today at info@visaserve.ca or call 905-203-2266 to book a consultation.
