Canada-US Safe Third Country Agreement
Potential refugee claimants should know of the Safe Third Country Agreement between Canada and the United States, which states that persons seeking refugee protection must make a claim in the first country they arrive in (United States or Canada) by land, by train or at airports. This means that if potential refugee claimants travel to Canada via United States or they arrive from the United States, they are not going to be allowed to pursue their refugee claims in Canada, unless they meet an exception.
You may be allowed to make a refugee claim in Canada coming from the United States if you meet one of the following exceptions:
a) If you have a relative in Canada who is one of the following: landed immigrant (i.e permanent resident), recognized refugee, Canadian citizen, or refugee claimant who is your spouse, child, parent, legal guardian, sibling, grandparent, grandchild, aunt, uncle, niece or nephew.
*Note: cousins are NOT qualifying family members.
b) If you are an unaccompanied minor. If you are under the age of 18 and are not accompanied by your mother, father, or legal guardian; and you do not have a spouse or common law partner and you do not have a mother, father or legal guardian in Canada or the United States.
c) If you have one of the following documents: a valid Canadian visa (other than a transit visa), a valid work permit, a valid study permit, a travel document issued by Canada, or you are not required (exempt) to get a temporary resident visa to enter Canada but require a U.S.issued visa to enter the United States.
d) If you are a national of the following countries: Burundi, Liberia and Rwanda.
If you do not meet any of the above-mentioned exceptions or you would like further clarification about your situation, please contact our office.
Please note that the above should not be taken as legal advice about your particular situation. For further information, please contact our office.
