If you enter Canada from the United States, an agreement between Canada and the United States called the Safe Third Country Agreement (STCA) makes it hard to ask for refugee protection. The agreement says that you should make your refugee claim in the first safe country you enter. If the STCA applies to you, you may be told you cannot make a refugee claim in Canada.
The STCA will affect you if you cross the Canada-United States land border when you enter Canada. It does not apply if you arrive from the United States by airplane.
Be aware! If you enter Canada through an unofficial entry place and make a refugee claim within 14 days, you will likely be returned to the USA. You may also be barred from making a refugee claim in the future.
STCA exceptions
There are some exceptions to the STCA. You may be allowed to make a refugee claim if you meet one of the following exceptions:
- You have a family member in Canada.
- You are a child under 19, travelling alone, and you do not have a parent or legal guardian in the United States.
- You have a valid Canadian visa, or a study or work permit.
- You are facing the criminal death penalty in the United States or in your country.
- You are stateless.
- You are a citizen of the United States.
A border official will ask you questions to see if you qualify for one of these exceptions. If you do qualify, you will be allowed to enter Canada. If you do not qualify for one of the exceptions you might be sent back to the United States and have to leave Canada. If possible, speak to a lawyer or legal representative about other ways for you to try to stay in Canada.