Work Authorization for Refugee Claimants
Refugee claimants in Canada may be issued a work permit while their claims are being decided. Under s.206(1)(a) of the Immigration and Refugee Protection Regulations, a work permit may be issued to a foreign national in Canada who cannot support themself without working and whose claim for refugee protection has been referred to the Refugee Protection Division but not yet determined. IRCC issues it as an open work permit, which allows work for any employer in Canada without a specific job offer.
The permit exists because a claim can take a long time to decide; the Immigration and Refugee Board publishes its current processing times on irb-cisr.gc.ca. IRCC's guidance for claimants states that there is no fee for the open work permit while an eligible claim is pending, and that the permit is issued only once the claim has been found eligible for referral to the IRB and the medical examination has been passed.
Open Work Permit for Refugee Claimants
An open work permit is a special type of work authorization available to refugee claimants. Unlike regular work permits that tie you to a specific employer, an open work permit allows you to work for any employer in Canada.
What is an Open Work Permit?
An open work permit is a document issued by Immigration, Refugees and Citizenship Canada (IRCC) that authorizes work in Canada without specifying a particular employer or location. Job changes, relocation to different provinces, and work with different employers are possible without needing to notify IRCC or obtain a new work permit for each job change.
Duration of Open Work Permit
The permit carries an expiry date printed on it. IRCC's guidance states that an extension is to be applied for before the permit expires, that work may continue while the extension is being decided, and that if the permit expires before an extension is requested, work has to stop and a new application is needed.
Advantages of an Open Work Permit
The open work permit offers significant flexibility. Any job offer in Canada can be accepted, subject to any condition printed on the permit. Job changes can occur without a new permit. Relocation within Canada for employment opportunities is possible. This flexibility is particularly valuable for refugee claimants who may be searching for employment in a new country.
Eligibility for Work Authorization
Most refugee claimants in Canada are eligible for an open work permit. Under Regulations s.206(1)(a), the conditions are that the claim has been referred to the Refugee Protection Division and not yet determined, and that the person cannot support themself without working. IRCC's guidance adds that the permit is issued only after the claim is found eligible and the medical examination is passed.
Claiming at a Port of Entry
If a refugee claim is made at a Canadian port of entry (airport, land border, or ocean port) upon arrival in Canada, the same rule applies: the permit is issued once the claim has been found eligible and referred to the Refugee Protection Division and the medical examination has been passed.
Claiming Within Canada
If a refugee claim is made inside Canada, IRCC's guidance states that the work permit can be requested at the same time as the claim by answering "Yes" to the work permit question in the online asylum application, or by a separate work permit application if the claim has already been submitted. The permit is still issued only once the claim is found eligible and the medical examination is passed.
Exclusions and Restrictions
A claim that is found ineligible for referral under IRPA s.101 does not meet Regulations s.206(1)(a), and IRCC's guidance states that a non-refundable application fee applies in that case. Regulations s.206(2) provides for a 180-day wait for claimants from a country designated under IRPA s.109.1, but no country has been designated since 17 May 2019, so that provision currently has no effect.
How to Apply for a Work Permit
IRCC's guidance for claimants describes two routes: the work permit is requested within the online asylum application, or, where the claim has already been submitted, a separate work permit application is made to Immigration, Refugees and Citizenship Canada (IRCC).
Required Documents
The permit is issued under Regulations s.206(1)(a) to a claimant who cannot support themself without working, so the application addresses that condition together with identity and the status of the claim. IRCC's guidance for claimants lists what a particular application needs; the two conditions IRCC states for issuance are that the claim has been found eligible for referral to the IRB and that the medical examination has been passed.
Application Timeline
IRCC publishes its current processing times for work permits on canada.ca. The request can be made with the claim itself, but the permit is not issued until the claim is found eligible and the medical examination is passed.
No Fee While the Claim Is Pending
IRCC's guidance states that there are no fees for the open work permit where the claim is eligible and a decision on the claim is awaited. If the claim is found ineligible, a non-refundable application fee applies.
Your Rights and Obligations as a Worker
Once you have work authorization, you have the same employment rights and responsibilities as any other worker in Canada. However, there are specific obligations related to maintaining your work permit status.
Equal Employment Rights
With a work permit, a claimant is authorized to work in Canada and is covered by the employment standards, occupational health and safety and human rights laws of the province or territory where the work is done, or by federal labour law in a federally regulated workplace. Those laws set the minimum wage, working conditions and protection against discrimination, and they apply regardless of immigration status.
Maintaining Work Permit Status
Work has to stay within any condition printed on the permit, and IRCC's guidance states that an extension is to be requested before the permit expires if the claim is still pending; work may continue while an extension is being decided, but if the permit expires first, work has to stop until a new permit is issued.
Professional Licensing
For work in a regulated profession (engineering, nursing, law, etc.), obtaining the appropriate professional license or certification from the relevant Canadian provincial body is required. Having a work permit authorizes employment, but professional licenses are separate and vary by province and profession.
Work Authorization After Claim Decision
Your work authorization status may change once a decision is made on your refugee claim. Understanding what happens in each scenario is important for planning your employment.
If Your Claim is Allowed
If the claim is allowed, the person becomes a protected person (IRPA s.95), not a permanent resident. A protected person still needs a work permit to work; Regulations s.207(c) allows a work permit to be issued to a protected person within the meaning of IRPA s.95(2). Permanent residence is a separate application under IRPA s.21(2), and only after it is granted does the person work as a permanent resident without a permit.
If Your Claim is Dismissed
If the claim is rejected, an existing permit remains valid until the expiry date printed on it. A further permit can be issued under Regulations s.206(1)(b) to a person who is subject to a removal order that is not enforceable, which is the position of a claimant whose removal order is stayed under Regulations s.231 while an appeal to the Refugee Appeal Division or a related judicial review is pending, or under s.232 while a pre-removal risk assessment is pending.
During the Appeal Process
While an appeal to the Refugee Appeal Division (RAD) is pending, the removal order is stayed under Regulations s.231(1) and is therefore unenforceable, so the person falls within Regulations s.206(1)(b) and a work permit may be issued or extended on the same "cannot support themself without working" condition.
Work Restrictions and Limitations
While an open work permit provides broad authorization to work in Canada, there are some restrictions and limitations that apply to work authorization.
Types of Work Not Permitted
An open work permit authorizes work for any employer, subject to any condition printed on the permit itself. Some employers set their own requirements, such as citizenship or a security clearance for particular public service positions, and those are employer or statutory requirements separate from the permit.
Permit Validity Outside Canada
The open work permit authorizes work in Canada only. It does not authorize work in any other country.
Work Permit Expiry
The open work permit expires on the date printed on it. IRCC's guidance states that an extension is to be applied for before expiry if the claim is still pending; work may continue while the extension is decided, but if the permit expires before an extension is requested, work has to stop and a new application is needed.