Operational bulletin 695 – April 20, 2026

OB 695 – Temporary public policy to facilitate access to open work permits for certain foreign nationals, in Canada, whose claims for refugee protection are ineligible to be referred to the Immigration and Refugee Board (IRB)

Summary

On March 26, 2026, the Minister of Immigration, Refugees and Citizenship Canada (IRCC) signed a temporary public policy to allow open work permits to be issued to certain foreign nationals in Canada. The objective of this public policy is to allow vulnerable populations to sustain themselves.

This public policy comes into effect on March 26, 2026, and may be revoked at any time. Applications received under this public policy on or after the day it comes into effect until the day it is revoked or expires will be processed under this public policy.

These instructions apply to IRCC employees. Given that applicants cannot submit their applications at a port of entry, the instructions do not apply to Canada Border Services Agency (CBSA) officers.

These instructions provide guidance to IRCC employees on the temporary public policy to facilitate the issuance of open work permits for certain foreign nationals in Canada whose claims for refugee protection are ineligible to be referred to the Immigration and Refugee Board of Canada (IRB) under which they may grant an exemption from certain requirements of the Immigration and Refugee Protection Regulations (IRPR) and issue an open work permit under administrative code R01 (A25.2 Public policy) to those with ineligible claims.

This temporary public policy applies to all those with ineligible refugee protection claims with the exception of those whose refugee protection claims were determined ineligible under paragraph 101(1)(e) of the Immigration and Refugee Protection Act (IRPA).

Background

On March 26, 2026, with the implementation of the Strengthening Canada’s Immigration System and Borders Act, the Government of Canada introduced the following two new ineligibilities in the IRPA to protect the integrity of the refugee protection system, alleviate current pressures on the system, and deter people from using the refugee protection system to bypass regular immigration rules or extend their temporary stay in Canada.

• The “one-year” ineligibility pursuant to paragraph 101(1)(b.1) of the IRPA - refugee protection claims made by foreign nationals more than one year after they first entered Canada after June 24, 2020, will no longer be referred to the Refugee Protection Division (RPD) of the IRB. This applies to anyone, including workers, students, and visitors, regardless of whether they left the country and returned.
• The “14 days” ineligibility pursuant to paragraph 101(1)(b.2) of the IRPA -refugee protection claims made by foreign nationals who entered Canada irregularly (between ports of entry) from the United States and made a claim 14 or more days after their entry will no longer be referred to the RPD.

Refugee protection claimants whose claims have been found ineligible to be referred to the RPD under these new ineligibilities may still apply for a Pre-Removal Risk Assessment (PRRA).

Current status

Under paragraph 206(1)(b) of the IRPR, open work permits for applicants under an unenforceable removal order (administrative code S62) may be issued to foreign nationals in Canada who cannot support themselves without working and who are subject to an “unenforceable” removal order.

When a refugee protection claim is found ineligible on any ground, except paragraph 101(1)(e) of the IRPA where the removal order becomes enforceable immediately, the foreign national’s removal order comes into force seven days after the ineligibility decision and becomes “enforceable” unless their removal order is stayed. When a foreign national is subject to an “enforceable” removal order, they are not eligible for an open work permit under paragraph 206(1)(b) of the IRPR and any existing work permits held by the foreign national are cancelled by operation of law under paragraph 243.2(a) of the IRPR.

However, when a foreign national is notified by the CBSA that they are eligible to apply for a PRRA, their removal order is stayed under section 232 of the IRPR, and they become eligible for an open work permit under paragraph 206(1)(b) of the IRPR.

Purpose

In the short term, with the introduction of the new ineligibilities and the large number of claims that will be subject to the new provisions, there may be a longer delay between the time an individual’s claim is determined ineligible and the time they are notified that they can make a PRRA application, which may result in individuals not being able to apply for a work permit because their removal order is not yet unenforceable (has not yet been stayed). This temporary public policy will ensure that the ability of foreign nationals to work is not unduly interrupted prior to becoming eligible for an open work permit and avoid placing additional pressure on provincial and territorial services and other supports.

Processing fees

Foreign nationals under this public policy are required to pay the $155 work permit processing fee. The open work permit holder fee is not required.

Priority processing

Under this temporary public policy, and to the extent possible, open work permit applications for refugee protection claimants whose claims have been found ineligible who do not have a valid open work permit will be processed on a priority basis within 30 days from receipt of a complete application (including a completed immigration medical exam).

The 30-day service standard is an objective for complete applications, not a guaranteed service. Processing times can fluctuate based on application volumes and individual case complexity.

Eligibility criteria for the temporary public policy

Officers should consult the temporary public policy to determine if the conditions (eligibility requirements) are met to grant foreign nationals exemptions from the IRPR requirements listed below.

The conditions (eligibility requirements) and exemptions of the public policy are reproduced below.

1. Foreign nationals with ineligible refugee protection claims who have applied for a work permit

Delegated officers may grant an exemption from the requirements of the IRPR identified below if the foreign national:

1. Has made a claim for refugee protection as required by subsection 99(3) of the IRPA that has been determined to be ineligible to be referred to the RPD of the IRB under paragraphs 101(1)(a), (b), (b.1), (b.2), (c), (c.1), (d) or (f) of the IRPA;
2. Is not ineligible to apply for protection under paragraph 112(2)(a) of the IRPA; and
3. Has submitted a work permit application under section 200 of the IRPR.

Provisions of the IRPR for which an exemption may be granted to foreign nationals who meet the eligibility requirements above:

• Paragraphs 199(a) to (I) of the IRPR – the requirements that a foreign national must meet in order to apply for a work permit after entering Canada.
• Paragraph 200(1)(b) of the IRPR – the requirement for a foreign national to establish that they will leave Canada by the end of the period of authorized for their stay under Division 2 (work permit issuance).
• Paragraph 200(1)(c) of the IRPR – the requirement to be described under this paragraph of the IRPR.

2. Foreign nationals with ineligible refugee protection claims who have an existing work permit.

Delegated officers may grant an exemption from the requirements of the IRPR identified below if the foreign national:

1. Has made a claim for refugee protection as required by subsection 99(3) of the IRPA that has been determined to be ineligible to be referred to the RPD of the IRB under paragraphs 101(1)(a), (b), (b.1), (b.2), (c), (c.1), (d) or (f) of the IRPA;
2. Is not ineligible to apply for protection under paragraph 112(2)(a) of the IRPA; and
3. Is in possession of a work permit under section 200 of the IRPR.

Provisions of the IRPR for which an exemption may be granted to foreign nationals who meet the eligibility requirements above:

• The requirement in paragraph 243.2(a) of the IRPR that a foreign national’s work permit is cancelled when a removal order made against them becomes enforceable.

Application assessment

Applications must be submitted online. Applicants can only apply on paper if they can’t apply online because of a disability or a problem with the online application.

Final decision

Approval

Under the Application screen, officers should enter the following information in the specified fields:

Refusal

When officers are not satisfied that the specific eligibility criteria for this temporary public policy are met, they need to clearly document their reasons in the refusal note.

Related information

For further information on processing the application and final decision, the instructions in this operational bulletin should be reviewed in conjunction with:

• Applicants with no other means of support [R206 – S61 and S62] – International Mobility Program
• Open work permit – General processing and issuance
• Conditions and validity period on work permits