Claiming refugee status is a right — get help early.
Making a refugee claim in Canada is legal, and Legal Aid Ontario funds these cases. But the process is complex and high-stakes, and only a licensed lawyer or consultant can represent you. Here's the plain version.
Free. No payment to start. This is information, not legal advice.
In 30 seconds, here's what's true
- Claiming refugee protection in Canada is a legal right if you fear persecution or serious harm in your home country. Your claim is decided at a hearing.
- Legal Aid Ontario funds refugee claims — it's a priority area. You can get a lawyer to help with your claim and hearing, often at no cost.
- Only a licensed immigration lawyer or a regulated consultant (RCIC) can be paid to represent you. Unlicensed 'ghost consultants' are illegal and dangerous.
- Because of the Safe Third Country Agreement, most people who come from the US at a land border can't make a claim in Canada, with limited exceptions.
- While your claim is processed, you can usually apply for a work permit and get health coverage through the Interim Federal Health Program.
How the process works
Get legal help immediately
This is high-stakes and complex. Contact Legal Aid Ontario and a licensed refugee lawyer as early as possible — ideally before you file anything. Refugee work is a legal aid priority.
Understand the basic process
You make a claim to the government, and if it's eligible, it goes to the Refugee Protection Division for a hearing. You'll complete a Basis of Claim form telling your story.
Only use a licensed representative
Make sure anyone you pay is a licensed lawyer or a regulated consultant (RCIC). Check their licence — unlicensed consultants can wreck your claim and your status.
Know your rights while you wait
You can usually apply for a work permit and get Interim Federal Health Program coverage. With proof of your claim, you may also access Ontario Works.
Get support if you're out of status
If you're facing removal or are out of status, get legal help right away — there may be options like a risk assessment or a humanitarian application. Start a free PLAIN session for pointers.
What to do next
- Contact Legal Aid Ontario as early as possible.
- Find a licensed refugee/immigration lawyer or RCIC.
- Verify any representative's licence before paying them.
- Understand the Safe Third Country Agreement may affect you.
- Prepare your Basis of Claim story carefully and truthfully.
- Apply for a work permit while your claim is pending.
- Get Interim Federal Health Program coverage.
- Get immediate legal help if you're facing removal.
Common myths
| Myth | Reality |
|---|---|
| Anyone can claim refugee status and just stay. | No. You must be eligible and prove your claim at a hearing. Not everyone who claims is accepted. |
| I can use any immigration consultant. | No. Only a licensed lawyer or a regulated consultant (RCIC) can represent you. Unlicensed consultants are illegal and can harm your case. |
| I don't need a lawyer for a refugee hearing. | You strongly should have one. The hearing is complex and high-stakes, and Legal Aid Ontario funds refugee representation. |
| Claiming refugee status is illegal. | It's a legal right. Seeking protection from persecution is protected under Canadian and international law. |
| I can't work while my claim is processed. | You usually can. Refugee claimants can apply for a work permit while waiting for a decision. |
| If I'm out of status, I have no rights. | You still have rights. Get legal help immediately — there may be options like a risk assessment or a humanitarian application. |
| I can claim refugee status at the US border anytime. | Usually not. The Safe Third Country Agreement means most people arriving from the US at a land border are turned back, with limited exceptions. |
| A refugee claimant and a permanent resident are the same thing. | No. A claimant is waiting for a decision; if accepted, they become a protected person and can then apply for permanent residence. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with the Ministry of Labour or a licensed professional.
Free. No payment to start. This is information, not legal advice.