The new regulations, which took effect on November 3, 2026, introduce a single online application process, a 60-day deadline for completing eligible asylum claims and additional screening requirements designed to reduce delays and improve the management of Canada’s refugee protection system.
The changes are particularly significant for Nigerians, who have featured prominently among foreign nationals seeking asylum in Canada in recent years. They could affect Nigerians who travelled to Canada on visitor visas, study permits or work permits before subsequently deciding to seek refugee protection.
New Rules
Under the revised rules, claimants whose applications are eligible for referral to the Immigration and Refugee Board of Canada (IRB) will have 60 days to submit their completed applications and supporting documents. They can request a one-time extension of 30 days.
The reforms also build on eligibility restrictions introduced through Canada’s Strengthening Canada’s Immigration System and Borders Act, also known as Bill C-12, which received royal assent on March 26, 2026.
The legislation introduced a one-year restriction on certain asylum applications and a separate 14-day rule affecting people who enter Canada irregularly through its land border with the United States.
Announcing the latest changes, Immigration, Refugees and Citizenship Canada (IRCC) said the measures would make the asylum process more consistent, improve the screening of applications and ensure that cases referred for hearings were sufficiently complete.
The government said asylum claims submitted between January and August 2026 declined by 52% compared with the corresponding period in 2025 and by 68% compared with the same period in 2024.
Canada Introduces Single Online Asylum Application Process
One of the most significant changes is the introduction of a unified online application process for people seeking asylum from within Canada. Previously, claimants had to navigate different procedures and documentation requirements depending on where and how they initiated their applications.
Under the new system, people applying from inside Canada must first provide information through the IRCC online portal to indicate their intention to seek asylum.
They will subsequently receive an invitation to attend an in-person appointment with an immigration officer, during which they will formally make their claims and undergo an eligibility assessment.
Applicants will be required to provide identification documents, including their passports, travel documents or other available evidence of identity.
The immigration officer will assess whether the claim meets the requirements for referral to the IRB, the independent body responsible for hearing refugee protection cases and determining whether applicants qualify for protection.
For applications found eligible for referral, claimants will receive instructions and a deadline to complete their applications.
The government said the streamlined process would eliminate duplicate questions, reduce paperwork and allow immigration authorities to conduct necessary checks before cases reach the refugee board.
60-day Deadline for Asylum Applications
The new regulations establish a 60-day deadline for claimants whose cases are eligible for referral to the IRB to submit their completed applications and supporting documents. Applicants may request a one-time extension of 30 days.
The requirement is intended to prevent incomplete applications from accumulating in the asylum system and delaying hearings for other claimants. It also places greater responsibility on applicants to provide accurate information and supporting evidence within the prescribed period.
The documentation may include personal statements, identity records, police reports, medical records, court documents, evidence of threats and other materials relevant to the applicant’s claim.
Failure to comply with procedural requirements could result in a claim being treated as abandoned, depending on the circumstances and applicable procedures.
One-year Restriction Could Affect Nigerians Already in Canada
Under the new eligibility requirements introduced through Bill C-12, an asylum claim may be declared ineligible for referral to the IRB if it is made more than one year after the applicant first entered Canada. The restriction applies to people whose first entry into Canada occurred after June 24, 2020.
Importantly, the one-year period is calculated from the person’s first entry into Canada, not from the date their current visa or immigration permit was issued.
For example, a Nigerian who first entered Canada on a visitor visa in January 2025 and later returned to Nigeria before travelling back to Canada in 2026 cannot automatically calculate the one-year period from the second arrival.
However, people who register their intention to seek asylum through the IRCC online portal within their first year in Canada are exempt from the one-year ineligibility rule, even if the subsequent stages of their application take place after the anniversary of their arrival. Unaccompanied minors are also covered by an exception.
14-day Rule for Nigerians Entering Through the US
Under the new eligibility framework, people who enter Canada between official ports of entry along the US-Canada land border and wait more than 14 days before making an asylum claim may be declared ineligible for referral to the IRB.
The rule operates alongside the Canada-US Safe Third Country Agreement, which generally requires asylum seekers arriving at official land border crossings to seek protection in the first country they entered, subject to recognised exceptions.
A Nigerian who flies directly from Lagos to Toronto, Vancouver, Montreal or another Canadian city is not affected by the 14-day irregular land-border provision simply because of their arrival.
However, a Nigerian who first travels to the United States and subsequently crosses into Canada between official border crossing points could be affected.
The government has maintained the existing Safe Third Country Agreement, meaning people who make claims at official land border crossings or within the applicable 14-day period after irregular entry may be returned to the United States unless they qualify for an exemption or exception.
The 14-day provision is therefore not a general grace period for all Nigerians entering Canada. It concerns a specific category of entry through the US-Canada border.
More Extensive Security and Background Checks
The reforms also strengthen the screening process before asylum applications are referred to the refugee board. Canadian authorities will conduct reviews relating to security, criminality, admissibility and programme integrity before eligible cases are referred for hearings.
The government says completing these checks earlier will reduce hearing delays and prevent cases that are not ready for consideration from entering the IRB’s hearing schedule.
For Nigerian applicants, this means providing consistent information about their identity, travel history, previous immigration applications and circumstances surrounding their asylum claims.
Any discrepancies between information supplied in visa applications and subsequent refugee claims could attract additional scrutiny.
The reforms also introduce clearer procedures for handling withdrawn claims, inactive applications and cases in which applicants fail to complete the required steps.
Canada has further strengthened support for vulnerable applicants, including unaccompanied minors and people who may not fully understand the proceedings. Immigration authorities can appoint designated representatives to assist such claimants during relevant stages of the process.
How New Rules Affect Nigerians on Visitor Visas
Nigerians who travel to Canada on visitor visas must know a visitor visa does not automatically prevent someone from seeking asylum if they subsequently face circumstances that genuinely qualify them for refugee protection.
However, the new one-year restriction means that a person who first entered Canada after June 24, 2020, cannot simply wait several years before deciding to submit a claim without considering the eligibility implications.
For example, a Nigerian who arrives in Canada in December 2025 on a visitor visa but decides to seek asylum in February 2027 could face the one-year restriction.
To benefit from the exception, the individual would need to have registered their intention to claim asylum through the IRCC portal within the first year of their initial entry.
This makes it important for people with genuine protection concerns to obtain legal advice promptly rather than assume they can submit an application at any time.
Implications for Nigerian International Students
Nigerians studying at Canadian universities and colleges are also subject to the new rules as a study permit does not provide an exemption from the one-year eligibility restriction.
A student who enters Canada and subsequently faces persecution or a serious risk of harm in Nigeria may still qualify for refugee protection, provided the claim meets the applicable eligibility and substantive requirements.
However, students who delay registering their intention to seek asylum beyond the first year could encounter difficulties getting their claims referred to the IRB.
A Nigerian student who wants to remain in Canada after graduation must generally explore the relevant work permit, permanent residence or other immigration routes. An asylum application is not a substitute for those programmes.
Can Nigerians Work While Their Asylum Claims are Being Processed?
The new regulations make permanent the existing approach under which eligible applicants can obtain work permits after submitting a complete asylum claim.
This allows qualifying applicants to work and support themselves while awaiting decisions on their refugee applications.
The government says the measure is intended to help eligible claimants participate in the labour market rather than depend entirely on public support while their applications are being considered.
An applicant must however demonstrate that they qualify as a Convention refugee or a person in need of protection by establishing a well-founded fear of persecution because of:
-
Race.
-
Religion.
-
Nationality.
-
Political opinion.
-
Membership of a particular social group.
The second category covers individuals who face a danger of torture, a risk to their lives or a risk of cruel and unusual treatment or punishment if returned to their home countries.
Applicants must also demonstrate that their country’s authorities are unable or unwilling to provide adequate protection. Depending on the circumstances, they may need to show that relocating to another part of Nigeria would not offer a reasonable and safe alternative.
