On March 26, 2026, Bill C-12 — officially the Strengthening Canada’s Immigration System and Borders Act — received Royal Assent and became Canadian law. This legislation fundamentally changes how refugee claims are assessed in Canada, affecting tens of thousands of people who have made claims or are planning to make a claim.
What Is Bill C-12?
Bill C-12 amends the Immigration and Refugee Protection Act (IRPA) in four key areas:
- New eligibility rules for refugee claims — who can access an IRB hearing
- A modernized refugee processing system
- Expanded domestic information-sharing between government agencies
- New government powers over immigration documents and application intake
The most immediate and widespread impact is on refugee claim eligibility. Two new ineligibility rules now bar certain claimants from having their cases heard by the Immigration and Refugee Board (IRB) — sending them instead to have their risk assessed through the Pre-Removal Risk Assessment (PRRA) process.
Who Is Affected? The Three-Question Decision Tree
Not everyone is affected by the new ineligibility rules. As explained by the LM Law Group lawyers in their webinar, the key is walking through a three-step decision tree. You are ineligible for an IRB refugee hearing only if all three of the following apply to you:
| Step | Question | If YES → continue | If NO → eligible |
| Step 1 | Did you first enter Canada after June 24, 2020? | If NO: C-12 does not apply — you may file a claim. If YES: go to Step 2. |
| Step 2 | Has more than 1 year passed since that first entry? (Clock runs from first entry and never stops even if you left Canada.) | If NO: C-12 does not apply — you may file a claim. If YES: go to Step 3. |
| Step 3 | Did you submit your refugee claim on or after June 3, 2025? | If YES: you are INELIGIBLE for an IRB hearing and will be directed to PRRA. If NO: you remain eligible. |
| KEY RULE | The one-year clock starts from your first entry into Canada after June 24, 2020 — and it never stops, even if you left Canada afterward. A single day in Canada after that date is enough to start the clock. |
Examples from the Webinar
Example 1 — Ineligible
A person entered Canada on June 26, 2020, left the very next day, and wants to make a claim today. They are ineligible. The clock started on June 26, 2020 — well over a year ago — and any claim filed after June 3, 2025, triggers the bar.
Example 2 — Eligible
A person entered Canada on June 20, 2020, and left on June 22, 2020 — both dates before June 24, 2020. They are eligible. The clock only starts on entries after that cutoff date.
Example 3 — Ineligible
A person entered Canada on December 1, 2022, and has stayed ever since without filing a claim. If they file today, they are ineligible — they entered after June 24, 2020, more than a year has passed, and a claim filed now falls after June 3, 2025.
Example 4 — Eligible
A person who entered Canada on January 5, 2017, and has never left is still eligible. The clock only applies to entries after June 24, 2020 — it does not matter how long they have been in Canada.
Example 5 — Eligible
A person entered Canada in April 2023 and submitted their refugee claim in February 2025. They are eligible — even though their entry was after June 24, 2020, and more than a year had passed, their claim was filed before the June 3, 2025, retroactive date.
| IMPORTANT | The only confirmed exemption so far is for unaccompanied minors, who are exempt from these new ineligibility rules. |
What Happens If You Are Found Ineligible?
If you are found ineligible for an IRB hearing, your claim will not be referred to the Refugee Protection Division (RPD). Instead, your risk will be assessed through a Pre-Removal Risk Assessment (PRRA) — a fundamentally different process with much lower approval rates and significantly fewer procedural protections.
Importantly, you cannot initiate a PRRA yourself. Only the Canada Border Services Agency (CBSA) can serve you a PRRA. Until CBSA does so, you are in a period of legal limbo — waiting, with limited options.
IRB Hearing vs. PRRA: Key Differences
| Feature | IRB Refugee Hearing | PRRA (Pre-Removal Risk Assessment) |
| Format | Oral hearing before a Board Member | Paper-based only — no oral hearing in most cases |
| Initiated by | Claimant | CBSA (you cannot initiate application until served) |
| Timelines | Varies — average one to two years for a hearing | Forms due 15 days after service; submissions due 15 days after forms; processing times vary |
| Appeal rights | Appeal to Refugee Appeal Division (RAD) (with limited exceptions) | No RAD appeal — only judicial review through Federal Court |
| Right to stay during appeal | Yes | No automatic right to remain in Canada |
| Approval rate | Approximately 2/3 of claims | Historically 2–5% approval rate |
| CRITICAL STAT | Historically, PRRA approval rates have been between 2 and 5%. This is far lower than the IRB refugee claim process, where applicants have the opportunity to speak directly to a Board Member about their situation. This may change as more claims are decided through this process as a result of C-12. |
How to Start the PRRA Process
As explained in the webinar, the current pathway is as follows (but will likely change in the future):
- You must still file a refugee claim through the IRCC portal, including a completed Basis of Claim (BOC) form
- You will be found ineligible
- CBSA will then contact you — in person — to formally serve you the PRRA and provide the forms
- You have 15 days to return your forms, and another 15 days after that to submit your full evidence and submissions
- After submission, you wait for an officer’s written decision (you can continue to update your application after it has been submitted)
Because timelines are extremely tight once a PRRA is served, lawyers strongly recommend gathering and organizing your evidence well before you receive notice.
Claimants Entering from the United States
Bill C-12 also significantly impacts people coming from the United States under the Safe Third Country Agreement (STCA).
The Irregular Border Crossing Loophole Is Closed
Previously, individuals who entered Canada between official ports of entry (irregular crossings) could wait 14 days and then make a refugee claim. Under C-12, anyone who crosses irregularly and makes a claim after 14 days is now ineligible for an IRB hearing and is served a PRRA.
Changes to the Anchor Relative Exemption
The STCA has an exemption for individuals who have specified family members in Canada (anchor relatives). Previously, when a family arrived together at the border and one member of that family had an anchor relative in Canada, they could initiate their own refugee claim and then act as the anchor relative for the rest of their family as the first family member would be immediately referred to the IRB.
Under Bill C-12, individuals are no longer immediately referred to the IRB while at the port of entry. The family member with the anchor relative is still processed first, but the rest of the family must now wait — potentially several months — before they can use that person as their anchor. This creates a “break in the chain” that can be devastating for families trying to arrive and claim protection together.
| ADVICE | If your family is planning to use the anchor relative exemption at a port of entry and the anchor is related to only one family member, get legal advice before approaching the port of entry. The strategy for arriving safely and claiming protection has changed significantly. |
Critical Consequences of Making a Refugee Claim
Filing a refugee claim is not a reversible decision. Before you file, you need to understand what happens to your other immigration options.
- Your existing temporary status (study permit, work permit, visitor visa) may be cancelled when you make a refugee claim
- While waiting, you may obtain a refugee claimant work permit — but this does not confer temporary resident status
- Work experience gained during a refugee claim does not count toward Express Entry points
- A refugee claim makes you ineligible for Provincial Nominee Programs (PNPs)
- If you lose a refugee claim, returning to or remaining in Canada becomes extremely difficult
- Even if you later obtain permanent residence or citizenship through a refugee claim, returning to your country of persecution can result in your status being revoked
- Withdrawing a claim does not undo these consequences
| WARNING | Filing a refugee claim is a road of no return. Even if you change your mind and withdraw, the long-term consequences remain. Speak with an experienced immigration lawyer before taking any step in this direction. |
What About Spousal Sponsorship While Waiting for PRRA?
A common question raised in the webinar: can someone waiting for a PRRA also apply for spousal sponsorship?
The short answer: it is possible if the relationship is genuine, but it is complicated. Immigration officers may view the spousal sponsorship with extra suspicion if they believe it is being used as a strategy to remain in Canada during the PRRA process. You should expect a higher evidentiary burden on the genuineness of the relationship — and you should consult a lawyer before initiating this path.
What About International Students?
International students who make a refugee claim are caught in a particularly difficult position. While the study permit is not automatically cancelled at the moment of the claim, it becomes affected in important ways:
- Your temporary status is impacted — affecting eligibility for PNP and Express Entry
- You cannot simply “withdraw” the claim and return to student status as if nothing happened
- The government retains the power to cancel temporary documents at any time
If you came to Canada on a study permit and are now considering a refugee claim — or if you already filed one — get legal advice before taking any further steps.
Is There Any Hope for People Already Found Ineligible?
Yes — but the path is narrow, and options depend entirely on individual circumstances. As the LM Law Group team noted, “it’s not completely hopeless,” but it requires careful, case-specific analysis.
Depending on your situation, other avenues may include:
- Humanitarian and Compassionate (H&C) applications — available independently of the refugee claim, and in some cases more appropriate
- Judicial review at Federal Court — if your PRRA is refused
- Stay of removal applications — to temporarily stop removal from Canada
- Spousal sponsorship
What is appropriate depends entirely on your entry dates, current status, country of origin, personal circumstances, and the risk you face. None of these options should be pursued without professional legal advice.
Frequently Asked Questions
Does it matter how I entered Canada or what status I had when I first arrived?
No — the new ineligibility rules apply regardless of what status you held when you entered (tourist, student, worker, etc.) and regardless of how you entered. What matters is the date of your first entry after June 24, 2020, and the date you filed your claim.
I’ve been in Canada since 2016 and never left. Does C-12 apply to me?
No. The clock only starts on first entries after June 24, 2020. If your first entry was before that date, C-12’s one-year bar does not apply to you.
My claim was filed before June 3, 2025 — am I safe?
Yes. The ineligibility rules only apply to claims made on or after June 3, 2025. If you filed before that date, your claim is not affected by these new rules, regardless of when you first entered Canada.
Can I find the PRRA application online and start it myself?
No. If this is your first PRRA, it can only be initiated by CBSA. You cannot apply for it yourself. CBSA will contact you in person, serve you the forms, and officially start the process.
Will the government extend or review the June 3, 2025 retroactive date?
Based on the lawyers’ assessment, there is very little likelihood of this changing. The date reflects when the legislation was originally introduced, and the government has shown no inclination to adjust it. Legal challenges are underway, but any court-driven change will take years.
If my refugee claim is refused, can I still work?
No. If your claim is refused at the IRB level, a removal order comes into force immediately and you are no longer authorized to remain in Canada. Your refugee work permit would no longer be valid at that point. You would need to either leave Canada or pursue judicial review — and apply for a stay of removal if you want to remain during that process.
My existing work permit is still valid and my claim was found ineligible — do I lose my job?
No — not automatically. A special public policy was announced alongside the new law that allows individuals whose claims were found ineligible under C-12 to continue working on their existing work permits. You should apply to renew your work permit before it expires to maintain implied status.
The Bigger Picture: Why This Law Is Problematic
The blanket date-based eligibility rule fails to account for the fact that people’s circumstances change — someone who came to Canada on a student visa in 2022 may only realize years later that returning home is dangerous, whether because of changes in their country of origin or because they came to understand their own identity while in Canada.
The legislation has been widely criticized by refugee lawyers, non-profit organizations, and members of Parliament. The Canadian Bar Association has argued it conflicts with decades of jurisprudence requiring individualized risk assessments. Human rights organizations have raised concerns about Canada’s international obligations under the 1951 Refugee Convention. Despite this, the legislation passed with a majority government and is now in force.
Litigation is expected, but any court-driven changes will take significant time.
What You Should Do Now
If you or someone you know may be affected by Bill C-12, the LM Law Group lawyers recommend:
- Do not make any decision about filing — or not filing — a refugee claim without first speaking to an experienced immigration lawyer
- Use the three-question decision tree to determine whether you are likely ineligible
- If a PRRA is a possibility in your future, start gathering evidence and documentation now — the timelines are extremely tight once CBSA serves you
- Do not assume withdrawing a claim will return you to your previous immigration status — it will not
- If you are in a relationship with a Canadian citizen or permanent resident, or have compassionate circumstances, speak to a lawyer about whether the sponsorship or H&C pathways are more appropriate than a refugee claim
- If you came from the US and are considering using an anchor relative exemption, get legal advice before arriving at the port of entry
| CONSULTATION | LM Law Group is available to assess your specific circumstances. If you attended this webinar, mention it when you reach out — we are happy to discuss your situation. Contact us at lmlawgroup.com or book a consultation directly through our website. |
Disclaimer: This article is based on a webinar presented by LM Law Group and is intended for general informational purposes only. It does not constitute legal advice. Immigration law is complex and highly fact-specific. Always consult a qualified immigration lawyer before making decisions about your status in Canada.
