A “sur place” refugee claim happens when you are already inside Canada (e.g., as a student or visitor) and a sudden change in your home country makes it dangerous to return. You apply inland through the IRCC portal, and there is no government fee to file the claim.
Sometimes, the danger does not exist when you leave your home country. You might arrive in Canada on a valid Study Permit or Visitor Visa, only to watch the news and see your home government overthrown by a military coup, or new, harsh laws enacted that criminalize your identity. 📰 In Canadian immigration law, applying for asylum because of events that happened after you left your country is called a sur place refugee claim. You may be entitled to protection under Section 96 or Section 97 of the Immigration and Refugee Protection Act (IRPA). This guide explains how to navigate this unique situation.
Understanding Section 96 and Section 97 Claims
When you file a refugee claim in Canada, the Refugee Protection Division (RPD) evaluates your case under two distinct categories. Understanding the difference is critical to building a strong defence.
Section 96: Convention Refugee
Under Section 96, you must prove you have a well-founded fear of persecution based on one of five specific grounds: race, religion, nationality, membership in a particular social group (such as LGBTQ+ identity), or political opinion. For a sur place claim, this often applies if you attended protests in Canadian cities (like Toronto or Montreal) against your home government, and you fear your home country’s intelligence agencies have identified you.
Section 97: Person in Need of Protection
Section 97 applies if returning to your home country would subject you personally to a danger of torture, a risk to your life, or a risk of cruel and unusual treatment or punishment. This risk must not be a general risk faced by the whole population (like a famine or random crime), but a specific risk targeting you. For example, if a new regime issues an arrest warrant for you while you are studying in Canada.
Step-by-Step Process for a Sur Place Claim in Canada
Filing a sur place claim is considered an “inland” claim because you are already physically present in the country. The process must be handled carefully to ensure your temporary status is managed correctly while your asylum case is reviewed.
Step 1: Gather Evidence of the Changed Conditions
The foundation of a sur place claim is proving that conditions changed after you left. You need to collect international news reports, human rights reports (like Amnesty International), and specific evidence relating to you. If you attended protests in Canada, gather photographs, social media posts, and witness letters. If a new law targets your profession or identity, obtain copies of that legislation.
Step 2: Submit Your Claim via the IRCC Portal
Inland refugee claims are submitted online through the Immigration, Refugees and Citizenship Canada (IRCC) eApp portal. You will need to upload copies of your passport, your current Canadian visa or permit, and basic biographical information. Once submitted, IRCC will review the file to ensure you are eligible to make a claim (e.g., ensuring you don’t have a serious criminal record in Canada).
Step 3: Complete the Basis of Claim (BOC) Form
The Basis of Claim (BOC) form is your official statement. You must explain precisely when you arrived in Canada, why you didn’t claim asylum initially, and what specific event caused you to become afraid to return. Because timing is critical in a sur place claim, working with an experienced Canadian refugee lawyer is highly recommended to clearly outline the timeline of events.
Step 4: Attend the Biometrics and Interview Appointments
You will be called to an inland IRCC office (or a Service Canada centre) to provide your fingerprints and photograph. You will also have a brief interview to confirm your identity and the contents of your application. Once eligibility is confirmed, your case is referred to the RPD.
Step 5: The RPD Hearing
The final step is your hearing before a member of the Refugee Protection Division. You will present your evidence, testify about the changed conditions, and answer questions. If approved, you become a Protected Person and can apply for Canadian permanent residence.
How Much Does it Cost in Canada?
Filing the actual asylum application is free, but you must budget for legal representation and document preparation. 💵
- Government Filing Fee: $0 CAD.
- Biometrics Fee: $0 CAD.
- Translation Costs: If your documents (like arrest warrants or foreign news articles) are not in English or French, you must hire a certified translator. This can cost between $50 and $100 CAD per page.
- Law Firm Fees: Retaining an immigration lawyer for an entire refugee claim usually ranges from $4,000 to $8,000 CAD.
- Medical Exam: Covered by the Interim Federal Health Program (IFHP).
Key Differences: Regular vs. Sur Place Claims
To help you understand your situation, here is a breakdown of how the RPD views regular claims versus sur place claims.
| Factor | Standard Refugee Claim | Sur Place Refugee Claim |
|---|---|---|
| Origin of Fear | Events that occurred in the home country before leaving. | Events that occurred after the claimant arrived in Canada. |
| Timing of Claim | Usually made at the Port of Entry or shortly after arrival. | Made months or years after arrival, triggered by a specific event. |
| Credibility Focus | Why did the claimant leave their country? | Why is the claimant suddenly afraid now? Was the fear manufactured? |
How Long Does the Process Take?
As of May 2026, processing times for inland refugee claims vary by region. ⏱ Generally, after submitting your claim online, it may take 1 to 3 months to be deemed eligible and receive your Refugee Protection Claimant Document (RPCD). The wait time for your actual RPD hearing is typically between 18 and 24 months. While waiting, you can apply for an open work permit to support yourself.
Frequently Asked Questions (FAQ)
Will my current Study Permit or Work Permit be cancelled?
Making a refugee claim does not automatically cancel your valid temporary status. However, your primary status in Canada shifts to that of a refugee claimant. You should consult a lawyer before making a claim to understand how it affects your current permits.
What if the RPD thinks I attended protests in Canada just to make a claim?
This is a common issue. The RPD will assess your credibility. If they believe you acted in bad faith solely to create a refugee claim, they may refuse it. You must demonstrate a genuine political opinion or a real risk of being targeted by your home country’s authorities.
Can I work while waiting for my hearing?
Yes. Once you pass your medical exam and your claim is deemed eligible, you can apply for a fee-exempt Open Work Permit, allowing you to work anywhere in Canada.
What is a PRRA, and does it apply here?
A Pre-Removal Risk Assessment (PRRA) is generally for people facing deportation whose original refugee claim was refused. If you have never made a refugee claim before, you would apply for a sur place claim through the standard RPD process, not a PRRA.
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