By Dalia Mohammadi Darvishvand, Articling Student, Lewis & Associates LLP
Canada’s refugee system changed significantly in 2026. Under Bill C-12, the Strengthening Canada’s Immigration System and Borders Act, a refugee claim made more than one year after a person first entered Canada is no longer sent to the Immigration and Refugee Board (IRB) for a hearing. Many people who came to Canada as students, workers or visitors and later decided to seek protection are now affected, often without realizing it until they receive an ineligibility decision.
This guide explains how the one-year rule works, who it applies to, how to count the one-year period, the limited exceptions, and what you can still do if your claim has been found ineligible. It is based on the Immigration and Refugee Protection Act (IRPA), its Regulations and official guidance from Immigration, Refugees and Citizenship Canada (IRCC). For a broader overview of the refugee system and immigration to Canada, see our related guides linked throughout.
Bill C-12 · In force March 26, 2026
The One-Year Rule at a Glance
Who is affected, when the clock starts, and what remains available.
- The claim is not referred to the IRB
- Processing of the claim is terminated
- The file goes to CBSA for next steps
- A pre-removal risk assessment (PRRA)
- A possible oral hearing in a PRRA
- Other routes, such as H&C, depending on your situation
What Is the One-Year Rule?
Bill C-12 received royal assent and came into force on March 26, 2026. It added a new ground of ineligibility to section 101 of IRPA. Under paragraph 101(1)(b.1), a claim is ineligible to be referred to the Refugee Protection Division (RPD) of the IRB if the claimant “entered Canada after June 24, 2020 and made the claim more than one year after the day of their entry.”
According to IRCC’s briefing to the House of Commons immigration committee, the new grounds apply to all claims made on or after June 3, 2025, the date the original bill was introduced. In practice, this means a claim made in, for example, late 2025 can be assessed under the one-year rule even though the law only came into force in 2026.
IRCC states that the rule applies to anyone, including workers, students and visitors, regardless of whether they left the country and returned. The burden is on the claimant to prove that their claim is eligible, and claimants must answer the officer’s questions truthfully (IRPA s. 100(1.1)).
Who Is Affected?
The one-year rule mainly affects people who came to Canada on temporary status and only later sought protection. Common examples include:
- International students whose home country became unsafe during their studies
- Temporary foreign workers who fear returning after their permit ends
- Visitors who arrived to see family and later decided they could not go back
- People who learned about the refugee process late or received poor advice
- People whose situation changed after arrival, for example because they came out as 2SLGBTQI+ or because of a change of government in their home country
The last group is especially important. The law measures the period from your first entry, not from the moment your risk arose. A person whose risk only appeared after they had been in Canada for more than a year may still be found ineligible to have a hearing at the IRB. For these people, the PRRA becomes the main way to have their risk assessed.
| Situation | Likely result under the one-year rule |
|---|---|
| First entered in 2019, never left, claim made in 2026 | The rule does not apply because the first entry was before June 24, 2020. Other eligibility rules still apply. |
| First entered in March 2024, claim made in August 2025 | Ineligible: the claim was made on or after June 3, 2025 and more than one year after first entry. |
| First entered in January 2025, claim made in November 2025 | Eligible under this rule: the claim was made within one year of first entry. |
| First entered in 2023, left in 2024, returned in 2025, claim made two months after returning | Ineligible: the period runs from the first entry after June 24, 2020. Re-entering does not reset it. |
| Claim made before June 3, 2025 | The new grounds do not apply to the claim. |
How to Count the One-Year Period
Under subsection 101(1.1), if you entered Canada more than once after June 24, 2020, the one-year period begins on the day after your first entry. To work out your deadline:
- Find your first entry after June 24, 2020. Check your passport stamps, boarding passes, visa or permit documents and travel history. You can request your entry and exit history from the Canada Border Services Agency (CBSA).
- Count one year from the day after that entry. If you first entered on May 10, 2025, the year runs from May 11, 2025.
- Ignore later trips. Later entries do not start a new year.
- Look at when your claim was “made.” For an inland claim, the date you submit the start of your claim online may matter, as explained below.
If you are unsure about your dates, do not guess. A wrong date can affect both your eligibility and your credibility later.
Exceptions: When the Rule Does Not Apply
IRCC’s eligibility page lists two situations where the rules introduced on March 26, 2026 do not apply:
- You started your claim online before the one-year cut-off. If you submit the start of your claim through IRCC’s online portal before your year runs out, you are not caught by the rule, even if your interview happens later.
- Unaccompanied minors. The rules do not apply if you are under 18 and do not have a parent or legally responsible adult in Canada when you claim.
Note that IRCC also issued a temporary public policy for unaccompanied minors in May 2026. That public policy was revoked on November 3, 2026, and IRCC says it will continue to apply it to eligible applications received on or before November 2, 2026. The exception for unaccompanied minors is still listed on IRCC’s eligibility page, so a minor in this situation should get legal advice quickly.
Still within one year?
Before Your Deadline: 6-Point Checklist
What to do if you fear returning home and have been in Canada less than a year.
- Confirm the exact date of your first entry to Canada after June 24, 2020
- Calculate your one-year deadline and write it down
- Start your claim through IRCC’s online portal well before that date
- Keep proof that you submitted the start of the claim (confirmation and dates)
- Begin collecting identity documents and evidence of your risk
- Speak to a refugee lawyer about your Basis of Claim form and deadlines
The 14-Day Rule for Land Border Crossings
Bill C-12 also added a second rule. Under paragraph 101(1)(b.2), people who enter Canada from the United States between official ports of entry, including across rivers and lakes, are ineligible if they make their claim more than 14 days after entering. IRCC explains that people who claim within 14 days of crossing irregularly are generally returned to the U.S. under the Safe Third Country Agreement, unless an exception or exemption applies (see IRCC’s committee briefing and section 159.4 of the Regulations). These exceptions, such as having certain family members in Canada, are technical and fact-specific.
What Happens if Your Claim Is Found Ineligible?
If an officer decides your claim is ineligible, they must terminate the processing of the claim (IRPA s. 101(1.2)). IRCC says ineligible claims are sent to CBSA for next steps. Because the claim was never referred to the IRB, there is no hearing at the RPD and no appeal to the Refugee Appeal Division. A removal order is usually made, and before removal you are generally given the chance to apply for a pre-removal risk assessment.
| Option | What it is | Key point |
|---|---|---|
| Pre-removal risk assessment (PRRA) | A written risk assessment by an IRCC officer before removal | The main protection route for ineligible claimants. Strict 15-day deadline to keep the automatic stay of removal. |
| Judicial review | Asking the Federal Court to review the ineligibility or PRRA decision | Needs leave (permission) from the Court and has short deadlines, usually 15 days for decisions made in Canada. |
| Humanitarian and compassionate (H&C) application | A request for permanent residence based on establishment, children’s best interests and hardship | Not examined while a PRRA is pending (IRPA s. 25(1.2)(b.1)) and does not stop removal on its own. |
| Other immigration routes | Spousal sponsorship, economic programs or temporary status | Depends on your status, history and admissibility. |
If you believe the officer made a mistake, for example about your entry date, whether you started your claim online in time or whether you were an unaccompanied minor, the decision may be challenged in the Federal Court through judicial review. Deadlines are short, so act immediately.
Your Main Option: The Pre-Removal Risk Assessment
IRCC has confirmed that anyone affected by the new ineligibilities will have access to a PRRA before removal (see IRCC’s Senate committee briefing). The PRRA is governed by sections 112 to 114 of IRPA and sections 160 to 169 of the Regulations.
Notification and deadlines
You can apply for a PRRA after CBSA or IRCC gives you notification. Notification is given when you receive the application form by hand, or seven days after it is mailed to your last known address (IRPR s. 160). Timing then matters a great deal:
- Apply within 15 days of notification and your removal order is stayed (put on hold) until a decision is made (IRPR ss. 162 and 232).
- The decision will not be made until at least 30 days after notification, which gives time to file written submissions and evidence.
- Applying after 15 days is still possible if you have stayed in Canada, but the late application does not stop your removal (IRPR s. 163).
What the officer assesses
The PRRA officer considers whether you are a Convention refugee or a person in need of protection under sections 96 and 97 of IRPA. That includes a well-founded fear of persecution, a danger of torture, or a risk to your life or of cruel and unusual treatment or punishment.
The restriction to “new evidence” in paragraph 113(a) of IRPA applies to applicants whose refugee claim was rejected. Because an ineligible claim was never decided by the IRB, your PRRA submissions can usually present your full story of risk. This is why the quality of your written submissions and evidence is so important: the PRRA may be the only time a decision-maker looks at your risk.
Is there a hearing?
A PRRA is usually decided on paper. An oral hearing may be held where there is evidence that raises a serious issue of your credibility, the evidence is central to the decision, and, if accepted, it would justify allowing the application (IRPR s. 167). IRCC notes that the PRRA regime allows for an oral hearing when serious credibility issues are at stake.
What a positive or negative decision means
If your PRRA is approved, you generally become a protected person and can apply for permanent residence. People who are inadmissible on serious grounds may instead receive a stay of removal. If your PRRA is refused, you can apply to the Federal Court for leave and judicial review, and you may need to ask the Court for a stay of removal while your case is pending. Learn more about our stay of removal services.
Found ineligible?
7 Steps After an Ineligibility Decision
Deadlines are short. Take these steps as soon as you receive a decision.
- 1Keep every document you received from IRCC or CBSA, with the date you received it.
- 2Check the facts: your first entry date, when your claim was started and your age at the time.
- 3Ask about judicial review right away if the decision may be wrong.
- 4Watch for PRRA notification and calendar the 15-day deadline.
- 5Gather evidence of risk: personal documents, witness letters and country reports.
- 6File detailed written submissions that explain your risk under sections 96 and 97.
- 7Keep your address updated with IRCC and CBSA so you do not miss notices.
Other Options to Consider
Depending on your situation, other routes may also be worth exploring. A humanitarian and compassionate (H&C) application can be based on your establishment in Canada, the best interests of any children affected and hardship. Timing matters: under IRPA s. 25(1.2)(b.1), IRCC will not examine an H&C request from a person whose claim was found ineligible while that person’s PRRA application is pending. Because the IRB never decided the claim, the 12-month bar that follows an IRB refusal does not apply in the usual way. An H&C application also does not stop removal on its own, so the order in which you file applications should be planned carefully. People with a Canadian spouse or partner may also consider spousal sponsorship, and some workers may qualify for an economic program.
If your temporary status is expiring, review our guide on maintained status and restoration. Staying in status can keep more options open.
| Rule | Who it affects | Result |
|---|---|---|
| One-year rule (IRPA s. 101(1)(b.1)) | Anyone who first entered after June 24, 2020 and claimed more than a year later | Claim not referred to the IRB; PRRA available |
| 14-day rule (IRPA s. 101(1)(b.2)) | People who cross from the U.S. between ports of entry and claim more than 14 days later | Claim not referred to the IRB; PRRA available |
| Prior claim rules (IRPA s. 101(1)(b), (c)) | People whose earlier claim was rejected, withdrawn, abandoned or found ineligible | New claim not referred to the IRB |
| Claim in another country (IRPA s. 101(1)(c.1)) | People who claimed in a country with an information-sharing agreement with Canada | Claim not referred to the IRB |
If Your Claim Was Already Refused or Is at the IRB
The one-year rule concerns eligibility, which is decided before a claim reaches the IRB. If your claim was already referred and then refused by the RPD, different options apply, including an appeal to the Refugee Appeal Division. See our guide on what to do if your refugee claim is refused and our page on appealing a refugee decision.
Beware of Bad Advice
Many people affected by the one-year rule delayed their claims because someone told them to wait or to try another application first. Only lawyers, Quebec notaries and licensed immigration consultants may charge you for immigration advice. You can check whether a representative is authorized on IRCC’s website. If you are close to the one-year mark, do not let anyone convince you to wait.
How a Lawyer Can Help
Refugee law has become more complex after Bill C-12, and the deadlines are unforgiving. A Canada immigration lawyer can confirm whether the one-year rule applies to you, check whether the officer’s decision can be challenged, prepare strong PRRA submissions and evidence, and request a stay of removal from the Federal Court when needed.
Lewis & Associates LLP has represented refugee claimants in Toronto for many years, including in refugee claims and PRRA applications. To discuss your case, book a consultation or contact our office.
Frequently Asked Questions
What is the one-year rule for refugee claims in Canada?
Under Bill C-12, a refugee claim is not referred to the Immigration and Refugee Board if the claimant first entered Canada after June 24, 2020 and made the claim more than one year after that entry. It applies to claims made on or after June 3, 2025.
When did the one-year rule come into force?
Bill C-12 came into force on March 26, 2026. According to IRCC, the new ineligibility grounds apply to all claims made on or after June 3, 2025, the date the bill was introduced.
Does leaving Canada and coming back reset the one-year period?
No. If you entered Canada more than once after June 24, 2020, the one-year period starts on the day after your first entry. Later entries do not start a new period.
Does the one-year rule apply if I have valid status as a student or worker?
Yes. IRCC says the rule applies to anyone, including workers, students and visitors. Having valid temporary status does not stop the one-year period from running.
Are there any exceptions to the one-year rule?
IRCC lists two: you started your claim online before the one-year cut-off, or you are under 18 and have no parent or legally responsible adult in Canada when you claim. Other situations should be reviewed by a lawyer.
What happens if my refugee claim is found ineligible?
The officer terminates processing of the claim and the file is sent to CBSA. You will not have a hearing at the IRB, but you can generally apply for a pre-removal risk assessment before removal.
How long do I have to apply for a PRRA?
If you apply within 15 days of being notified, your removal is stayed until a decision is made. You can apply later if you remain in Canada, but a late application does not stop removal.
Can I get a hearing in a PRRA?
Most PRRAs are decided on paper. An oral hearing may be held where there is a serious issue of credibility that is central to the decision and could justify allowing the application.
Can I challenge an ineligibility decision?
You may be able to apply to the Federal Court for leave and judicial review if the decision is unreasonable or unfair, for example if the officer used the wrong entry date. Deadlines are short, so get legal advice immediately.
Can I apply on humanitarian and compassionate grounds instead?
Possibly, but timing matters. IRCC will not examine an H&C request while a PRRA application after an ineligibility decision is pending, and an H&C application does not stop removal by itself. A lawyer can help you plan which application to file and when.
This article provides general information as of November 2026 and is not legal advice. Refugee law and IRCC policies change often. Every case depends on its own facts. Speak with a lawyer before making a decision about your claim.
