Canada Introduces Temporary Exemption for Unaccompanied and Separated Children Seeking Asylum

Jun 8, 2026, 11:46 AM

Recently, the Government of Canada introduced a temporary public policy regarding unaccompanied and separated children (UASC) seeking asylum. This change exempts UASC from certain ineligibility rules that came into effect earlier this year, through recent legislative changes, known as Bill C-12. Announced on May 26, 2026, the new policy came into effect on May 19, and it allows eligible UASC to have their refugee claims considered, even if they would otherwise be prevented under certain provisions. The exemption applies to children under the age of 18 who do not have a parent or legal guardian in Canada responsible for their care.

Under current asylum legislation changes, some refugee claims may be deemed ineligible. New restrictions include if an individual has made the claim more than one year after their arrival in Canada. Additional restrictions apply to individuals who entered Canada from the United States between official ports of entry (and waited more than 14 days before making a refugee claim).

In our work, we consistently share that UASC often face unique vulnerabilities. These are accentuated by the absence of daily care and guidance from their parents/guardians, families, and communities. It is critical that UASC obtain the wraparound support and early intervention help available upon their arrival. By exempting eligible minors from these specific ineligibility provisions, the policy ensures that their refugee claims can proceed to the Immigration and Refugee Board (IRB) for a full hearing and determination on their claim. The exemption does not automatically grant refugee status or protected person status and claimants must still meet all other eligibility and admissibility requirements.

With the implementation of Bill C-12 in March 2026, there are many notable changes to legislation and therefore immigration procedures. The CWICE team has been monitoring these impacts and assessing each referral received, according to the new system-wide changes implemented. Bill C-12, the Strengthening Canada's Immigration System and Borders Act¹, is a legislative split from related Bill C-2 (An Act respecting certain measures relating to the security of the border between Canada and the United States and respecting other related security measures²). Both bills were introduced in Parliament in 2025 and progressed through the legislative process. Bill C-12 received Royal Assent and became law in late March 2026.³

As government officials put new policies and procedures into place, we welcome this temporary policy supporting UASC. There remain a few other temporary policies impacting children and youth we serve, and these are a temporary policy for children in out-of-home care needing Temporary Resident Permits or Permanent Residency. These are due to expire in 2017, while the most recent UASC exemption is in effect until revocation by the federal Minister of Immigration, Refugees and Citizenship.

For more information on changes made by Bill C-12, please see more detailed information below.