For refugees currently in the United States who hope to find sanctuary in Canada, the path to asylum may be more complicated than expected. The process, formally known as a refugee claim, grants protected status and legal residency rights in Canada. Understanding the asylum application process and available protections is crucial for potential claimants.

What Is Asylum Protection?

Canadian asylum protection typically applies to two categories of individuals:

• Convention Refugees: Those facing persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group.
• Persons in Need of Protection: Individuals who would face danger to their life or risk of cruel treatment if returned to their country of origin, including threats of physical harm, psychological trauma, torture, detention, or other severe mistreatment.

The Safe Third Country Agreement Barrier

A critical consideration is that most asylum seekers arriving from the United States cannot make a refugee claim at Canadian border crossings. This restriction stems from the Safe Third Country Agreement (STCA) between Canada and the US, which requires refugees to seek protection in the first safe country they reach (typically the US for those traveling northward).

The STCA applies at all official and unofficial border crossings. This means individuals attempting to enter Canada by land (via car, train, or on foot) after traveling through the US will likely be turned away and instructed to file their asylum claim in America instead.

Exceptions to the Rule

Certain exceptions allow individuals to bypass the STCA and make claims at Canadian borders:

• Those with family members in Canada who are refugees, protected persons, permanent residents, or citizens
• Unaccompanied minors under age 18 without parents or legal guardians
• Individuals holding valid Canadian visas, work permits, study permits, or other entry documents
• Persons facing criminal charges punishable by death in the US or another country

Even under these exceptions, applicants must not pose security risks, have serious criminal records, or be associated with human rights violations.

Alternative Application Pathways

Important to note: The STCA only affects border crossings. If you're already inside Canada, you may file an asylum claim at a local immigration office or online. After 14 days in Canada - regardless of whether you transited through the US - you become eligible to apply.

Basic Eligibility Requirements:

• Physical presence in Canada
• Qualification as either a Convention Refugee or Person in Need of Protection
• No prior asylum claims in other countries
• No serious criminal history or security threats to Canada

The Application Process

Eligible applicants can initiate claims at ports of entry (airports, seaports, or land borders). If the claim meets initial requirements, immigration officers will schedule a hearing with Canada's Immigration and Refugee Board (IRB). During this hearing, claimants and witnesses may present their case.

Approved claims grant protected person status with a pathway to permanent residency. Denied claims require departure from Canada, though appeals may be possible. During processing, applicants may access resettlement services, healthcare, financial assistance, and can apply for work or study permits.