This update includes legal information. If you would like to speak to a lawyer, you can find information about HALCO, the HIV Legal Network, and other legal services here: www.halco.org/wp-content/uploads/2026/04/Legal-Services-in-Canada_April-14-2026.pdf
HIV testing during Immigration Medical Exams
Some people applying to come to or stay in Canada are required to have an Immigration Medical Exam (IME), which includes HIV testing. If an IME HIV test is positive in Québec, the test result – but not the person’s name or contact information – will be shared with Québec’s public health authorities. In all other provinces and territories, the positive test result – including the person’s name and contact information – will be shared with territorial and provincial public health authorities.
As of April 1, 2026, people who have already been diagnosed with HIV can choose to tell the doctor about their HIV positive status instead of taking another HIV test as part of their IME. When someone discloses their HIV positive status during the IME, this information will no longer be automatically shared with provincial or territorial public health authorities.
The HIV Legal Network has more information about IMEs (this resource was published in 2023, prior to the HIV testing change): www.hivlegalnetwork.ca/site/immigration-and-travel-to-canada-for-people-living-with-hiv-questions-and-answers/?lang=en
Changes to social assistance eligibility in Ontario
In August 2026, the Ontario government changed the rules for accessing Ontario Works (OW) and the Ontario Disability Support Program (ODSP) which provide financial assistance to people with low incomes, including people with disabilities. Refugee claimants and people who have applied for permanent residence can still qualify. However, some people with temporary or no immigration status who could previously access social assistance are now excluded.
The Income Security Advocacy Centre has more information about the changes: https://incomesecurity.org/new-social-assistance-rules-exclude-vulnerable-people-based-on-immigration-status/
Interim Federal Health Program (IFHP): Co-payments introduced
The Interim Federal Health Program (IFHP) provides temporary and limited medical coverage to refugee claimants, protected persons, and other eligible people. On May 1, 2026, Immigration, Refugees & Citizenship Canada (IRCC) introduced co-payments to IFHP. People accessing IFHP are now required to pay part of the cost of eligible supplemental health services and products. This includes a $4 co-payment for each prescription medication filled or refilled, and 30% of the cost for other eligible supplemental health benefits. Supplemental health benefits include, for example, urgent dental care, vision care, speech language therapy, physiotherapy, and mental health counseling.
Please see the following for more information:
- IRCC: canada.ca/en/immigration-refugees-citizenship/news/notices/changes-ifhp.html and https://ifhp.medaviebc.ca/en/benefit-grids
- HALCO, HIV Legal Network, and Community Alliance for Accessible Treatment (CAAT): halco.org/wp-content/uploads/2026/05/Changes-to-the-Interim-Federal-Health-Plan-IFHP.pdf
The Safe Third Country Agreement’s 14 day-rule
The Safe Third Country Agreement (STCA) is an agreement between Canada and the United States that has been implemented in Canadian law. The STCA states that people who arrive from the US at an official land border crossing cannot make a refugee claim in Canada and will be returned to the US unless an exception applies (for example, they have an immediate family member with citizenship or with permanent, protected person, or refugee claimant status in Canada). This also applies to people who cross into Canada between official border crossings and attempt to make a refugee claim in Canada within 14 days.
Under new rules, people who cross into Canada between official border crossings and make a refugee claim after 14 days will not be returned to the US. They will not be able to have their refugee claim heard by the Refugee Protection Division (RPD). Instead, they will have access to a Pre-Removal Risk Assessment (PRRA), which considers the risks they may face if Canada removes them to their country of origin.
The Canada-US Border Rights Clinic has information and can provide legal advice about crossing the Canada-US border to seek refugee protection: https://canadaborderclinic.org/
Bill C-12 update
On March 26, 2026, the Canadian government passed a new law that limits who can have their refugee claim heard in Canada. The new law introduces a 14-day timeline for those arriving from the US between official border crossings (discussed above) and a “one-year bar” for refugee claims made on or after June 3, 2025.
HALCO, HIV Legal Network, and CAAT have information about the new law: www.halco.org/wp-content/uploads/2026/04/HALCO-LN-CAAT-_BillC-12_April-20-2026.pdf
The Migrant Rights Network has a step-by-step guide to help people understand how the new law works: https://migrantrights.ca/c12islaw/
Responding to eligibility letters (“procedural fairness letters”)
If the new law applies to you, you may receive a letter (called a procedural fairness letter) that says you are “not eligible to be referred to the Refugee Protection Division.” We recommend speaking to a lawyer as soon as possible if you receive a procedural fairness letter. If you do not have a lawyer, you can find information about legal services in Canada here: www.halco.org/wp-content/uploads/2026/04/Legal-Services-in-Canada_April-14-2026.pdf
Work and healthcare
You will not receive a work permit automatically if the new law applies to you. You must apply for the work permit separately and need to pay the application fees. If you have a work permit that was given to you before the new law, you can continue using it.
You will have healthcare through the IFHP. If you are already inside Canada, to access IFHP and obtain a work permit, you need to first make your refugee claim through the IRCC portal and submit a Basis of Claim form even if you know your claim won’t be decided by the RPD.
To learn more about making a refugee claim in Canada, Community Legal Education Ontario (CLEO) provides a step-by-step breakdown: https://stepstojustice.ca/legal-topic/refugee-law/
IRCC processing times
Applicants for certain types of immigration pathways continue to experience long processing times. For example, applications for permanent residence based on humanitarian and compassionate grounds (H&C applications) are estimated to take more than 10 years to be processed and IRCC notes that 57,900 people are currently waiting for a decision on their application. You can check current processing times for different applications here: www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html
There are also long processing times for spousal and family sponsorship applications. Sponsoring a spouse or common law partner who is living in Canada and intends to live outside of Quebec will currently take about 26 months (and 32 months if intending to live in Québec). The same application for a spouse, common law partner, or conjugal partner living outside Canada is estimated to take 18 months (and 33 months if intending to live in Québec).
Applications for permanent residence for protected persons and Convention refugees in Canada are estimated to take 13 months to be decided. However, the applications of their dependent family members are estimated to take about 41 months. This means that protected persons and Convention refugees will likely experience long-term separation from their spouse, partner, or children.
The Canadian Council for Refugees and the Canadian Bar Association has a letter calling for immigration measures to reunite protected persons and Convention refugees with their dependent family members: https://ccrweb.ca/en/cba-ccr-letter-refugee-family-reunification
Parents and Grandparents Program paused
The Parents and Grandparents Program (PGP) allows Canadian citizens and permanent residents to sponsor eligible parents or grandparents for permanent residence in Canada. Since the launch of the program in 2020, IRCC has used a lottery-style selection system, where interested sponsors first submit an Interest to Sponsor form after which IRCC randomly selects eligible sponsors and invites them to submit a sponsorship application.
On July 15, 2026, IRCC announced that it is pausing PGP until further notice. This means that no new Interest to Sponsor forms will be accepted, and no new invitations to apply will be made. However, applications already in the system will continue to be processed. The Canadian government plans to admit up to 15,000 permanent residents through PGP in 2026.
A Super Visa continues to be available for families wishing to reunite while PGP remains paused, allowing eligible parents and grandparents to visit Canada for extended periods without becoming permanent residents: https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/parent-grandparent-super-visa.html
Work permit extension for Ukrainians and family
Ukrainian nationals and their family who arrived in Canada on or before December 31, 2024, may apply to extend their work permits for an additional 3 years. The deadline to apply is March 31, 2027. To be eligible, you need to have a valid open work permit that was issued under one of the immigration measures for Ukrainian nationals. IRCC has more information: www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/ukraine-measures.html
Sponsoring undeclared family
All family members must be declared when a person applies for permanent residence, even if the family members will not move to or travel to Canada with the main applicant. If a family member is not declared and examined, they can face a lifelong ban from being sponsored.
There used to be a policy that provided an exception and allowed certain undeclared family members to be sponsored. On September 10, 2026, that policy ended and the Canadian government has stated that they do not plan to extend it. This means that family members who were not declared when their sponsor applied for permanent residence can no longer be sponsored unless IRCC allows for an exception based on humanitarian and compassionate grounds.