You received a PRRA notice. What does it actually require you to prove?

Can you apply for PRRA?

You normally cannot start a PRRA simply because you believe you face danger. You generally need to be formally notified that you may apply.

Some people cannot apply for PRRA.

You are generally barred if:

• your refugee claim was found ineligible under the Safe Third Country Agreement;
• another country has recognized you as a Convention refugee and you can return there;
• you already have protected-person status in Canada;
• you are subject to extradition.

The 12-month waiting period

A person normally has to wait 12 months after:

• a negative refugee decision;
• a negative previous PRRA;
• withdrawing or abandoning a refugee claim or PRRA;
• a Federal Court refusal involving the refugee claim or PRRA.

Withdrawing an application is therefore not always neutral. It can affect when PRRA becomes available again.

Canada sometimes creates country-based exemptions to the 12-month waiting period when conditions change suddenly.

An exemption does not depend only on nationality. It also depends on the type and date of the earlier decision.

The safest starting point is to identify the exact earlier decision and its date.

Does a PRRA notice stop removal?

When CBSA or IRCC formally notifies you that you may apply for PRRA, the removal order is stayed from that moment.

You do not create the stay by submitting the application.

You keep the stay in effect by filing the completed application within the required period.

The stay ends if:

• you confirm in writing that you do not intend to apply;
• the deadline passes without an application;
• the PRRA is refused;
• the application is withdrawn or abandoned.

Different ending rules apply after a positive PRRA or to applicants in the restricted category under subsection 112(3).

Three applications that do not create a stay

The following PRRA applications do not result in a statutory stay of removal:

1. an application submitted after the filing period;
2. a subsequent PRRA submitted after an earlier PRRA refusal;
3. an application made at the border against a removal order issued on arrival.

If you have a removal date and no statutory stay applies, that is a separate and urgent legal issue.

A lawyer may need to assess Federal Court judicial review and whether a stay motion is available.

Filing for judicial review does not automatically stop removal.

Can you work? Can you stay in Canada?

These are related questions, but they are not the same question.

A work permit authorizes work.

Temporary resident status determines whether you hold status as a worker, student or visitor.

A stay of removal prevents enforcement of a removal order while the stay remains in effect.

One does not automatically create the others.

After formal PRRA notification

When formal notification creates a stay, the removal order becomes unenforceable while that stay remains in effect.

This can open the PRRA-related route to a work permit, provided the applicable requirements are met.

A current permit must still be checked for:

• its expiry date;
• whether it remains valid;
• whether the removal order affected it;
• whether a new application is required.

If your refugee claim was found ineligible

When a removal order becomes enforceable, an existing work permit can be cancelled under the regulations.

A temporary public policy dated March 26, 2026 was created for certain people whose refugee claims were found ineligible.

The policy may allow an eligible person to:

• apply for an open work permit before receiving PRRA notification;
• avoid cancellation of an existing work permit during the gap before notification.

The policy exists because time may pass between the ineligibility finding and formal PRRA notification.

It is temporary, subject to conditions, and can be changed or revoked.

Late and subsequent PRRA applications

A late PRRA or a second or later PRRA does not create PRRA-based work authorization.

An existing work permit is usually already cancelled once the removal order becomes enforceable. Any separate authorization is therefore a narrow exception and must be verified before the person continues working.

Does a stay give you temporary status?

No.

A stay prevents removal while it remains in effect. It does not restore or extend temporary resident status.

Is your evidence legally new?

Where your refugee claim was already rejected, restrictions apply to evidence presented in PRRA.

The evidence generally needs to:

• have arisen after the earlier rejection;
• have become known after the rejection;
• have been unavailable earlier;
• or be something you could not reasonably have been expected to present earlier.

A recently created document is not automatically new evidence.

For example:

• A new affidavit may repeat facts you already knew.
• A recent medical report may describe an old injury.
• A newly downloaded article may discuss conditions that existed before the earlier decision.
• A new witness letter may describe an event that could have been documented earlier.

The application should explain:

• when the underlying event happened;
• when you learned about it;
• when the evidence became available;
• why it was not available before;
• what attempts were made to obtain it;
• what the evidence proves now.

If a previous PRRA was refused, the earlier record and the evidence being presented again must be examined carefully.

The officer reads your PRRA against the earlier record

Your PRRA does not start with a blank page.

The officer compares it with:

• your Basis of Claim form;
• RPD testimony;
• RAD submissions;
• previous PRRA applications;
• immigration and visa forms;
• border records;
• travel history;
• police and medical documents;
• earlier credibility findings;
• information submitted by family members.

A contradiction is not automatically fatal.

But a contradiction you ignore can become more damaging than one you identify and explain.

If an earlier decision questioned why you never mentioned an important event, simply adding it to a new affidavit does not answer the concern. The application should explain why it was absent before.

Will you get a hearing?

Most PRRA applications are decided from the written record.

A hearing is not automatic.

For the usual discretionary hearing, three factors normally need to be present:

• the evidence raises a serious credibility issue;
• that evidence is central to the decision;
• accepting the evidence could justify allowing the application.

Even where all three factors exist, the officer decides whether a hearing is required.

A hearing is mandatory in a specific situation under section 113.01 of the Immigration and Refugee Protection Act. This can apply where a claim was not referred to the IRB only because information-sharing records showed that the person had previously made a refugee claim in another country, unless the PRRA can be allowed without a hearing.

A PRRA hearing is limited

It is not a new refugee hearing.

The notice identifies the factual issues the officer wants to address. The hearing is normally limited to those issues.

The officer leads the questioning. Legal arguments belong primarily in the written submissions. Witnesses cannot simply be added as of right.

Leaving Canada while PRRA is pending causes the application to be declared abandoned and rejected.

If you miss a hearing, the application is not immediately abandoned. You must be given notice of another hearing. Abandonment can follow if you also fail to attend that further hearing.

Does every adult family member need to apply?

Each family member in Canada who is 18 years of age or older and is also applying must complete their own PRRA application.

One adult’s application does not automatically cover the others.

Connected family applications also need to remain consistent. Different dates, different versions of the same event or conflicting family histories can affect every file.

What happens if PRRA is refused?

A refusal allows the removal process to continue unless another legal stay exists.

Federal Court judicial review may be available.

For a matter arising in Canada, the application for leave and judicial review is generally filed within 15 days after the person is notified of or becomes aware of the decision.

Judicial review does not automatically stop removal.

If removal is scheduled, a lawyer may need to assess a separate stay motion immediately.

The applicant may also request the officer’s file notes recording the justification for the decision. Those notes can be important when deciding whether judicial review should be pursued.

Immigreen can assist with the PRRA and immigration record. Federal Court advice and representation must be handled by a lawyer or by a self-represented litigant. Where appropriate, Immigreen can help organize the immigration record and coordinate a handoff to court counsel.

What should you gather now?

Start with:

• the PRRA notification;
• the envelope, postmark, email or delivery record;
• form IMM 5508;
• removal and reporting documents;
• passport and identity documents;
• Basis of Claim form;
• RPD and RAD decisions;
• any previous PRRA decision;
• earlier submissions and evidence;
• hearing transcripts or recordings, where available;
• current work, study or visitor documents;
• evidence of recent threats or changed conditions;
• police, court and medical records;
• family evidence;
• documents requiring translation;
• a clear timeline of what happened and when.

Do not begin by downloading hundreds of pages of country reports.

Begin with the decision the officer must make.

You do not need a representative to apply

IRCC does not require you to hire a representative. Hiring one does not change the legal test or guarantee a favourable result.

Representation can help with:

• identifying the correct deadline;
• reviewing the earlier record;
• testing whether evidence can be considered;
• identifying contradictions and unanswered findings;
• organizing the evidence around what the officer must decide;
• preparing the application and written submissions.

The value is not that a representative changes the rules.

The value is making sure the genuine case is presented clearly within them.