Claim Refugee in Canada from the US

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Claim Refugee in Canada from the US

Claim Refugee in Canada from the US
Claim Refugee in Canada from the US

Claim Refugee in Canada from the US

Introduction: Claim Refugee in Canada from the US

Canada has a long-standing international reputation for offering refuge to individuals fleeing persecution, violence, or threats to their life. Every year, thousands of people seek protection in Canada through its refugee system. While many refugee claimants come from around the world, a significant number also come directly from the United States, crossing the land border to request asylum.

If you're in the United States and are considering claiming refugee status in Canada, this comprehensive guide provides essential information about eligibility, the Safe Third Country Agreement (STCA), the claim process, possible exceptions, hearings, and what life may look like while awaiting a decision.

1. Understanding Canada's Refugee System: Claim Refugee in Canada from the US

Canada’s refugee protection program includes two main categories:

  1. Refugee and Humanitarian Resettlement Program – for people outside Canada who are referred by the UNHCR or private sponsors.

  2. In-Canada Asylum Program – for individuals who make a claim for refugee protection after arriving in Canada, including at border crossings.

This article focuses specifically on the second pathway: making a refugee claim from within Canada, especially for those arriving from the U.S.

2. Who Qualifies as a Refugee?

Under Canadian law, a person can claim refugee protection if they meet one of the following definitions under the Immigration and Refugee Protection Act (IRPA):

  • Convention Refugee: A person who has a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

  • Person in Need of Protection: A person who would face a risk to life, cruel or unusual treatment, or torture if returned to their country.

The burden of proof lies on the applicant to show that returning to their country of origin would place them at significant risk.

3. Safe Third Country Agreement (STCA): Claim Refugee in Canada from the US

The Safe Third Country Agreement, enacted in 2004 between Canada and the U.S., affects many people trying to make a refugee claim at a Canada-U.S. land border crossing.

Key Points:

  • Under the STCA, refugee claimants must request protection in the first "safe" country they arrive in — either Canada or the United States.

  • This means that most people who attempt to enter Canada through an official land port of entry from the U.S. will be turned away if they’ve already been in the U.S.

However, there are important exceptions to the agreement.

4. STCA Exceptions – Who Can Still Make a Claim?

Despite the agreement, several categories of people are exempt from the STCA and can make a refugee claim at the border:

  1. Family Member Exception
    If you have a qualifying family member who is a Canadian citizen, permanent resident, or protected person in Canada.

  2. Unaccompanied Minors
    Individuals under 18 who are not with a parent or legal guardian and do not have a spouse or common-law partner.

  3. Document Holders
    Those with a valid Canadian visa, work permit, or study permit.

  4. Public Interest Exception
    In rare cases, exceptions are made for public interest or national security concerns.

Irregular Crossings (e.g., Roxham Road)

In recent years, many claimants entered Canada through irregular border crossings—outside official ports of entry—to bypass the STCA. However, as of March 2023, the rules have changed, and the STCA now applies to the entire land border, including unofficial crossings.

This means irregular crossings no longer automatically guarantee access to the refugee claim process, unless the claimant qualifies under an STCA exception.

5. Making a Refugee Claim in Canada: Claim Refugee in Canada from the US

There are three main ways to make a refugee claim in Canada:

A. At a Port of Entry

If you arrive at an airport, land border, or seaport, you can declare your intention to claim asylum to the Canada Border Services Agency (CBSA). If you're eligible, you’ll be referred to an eligibility interview.

B. Inside Canada

If you are already in Canada (e.g., you entered legally or overstayed a visa), you can submit your claim online through the IRCC Refugee Portal.

Claim Refugee in Canada from the US
Claim Refugee in Canada from the US

C. After an Immigration Arrest

Some people make claims after being detained or during immigration enforcement actions, although this is riskier.

6. The Refugee Claim Process

Once your claim is submitted and deemed eligible, you’ll enter Canada’s refugee determination system. Here's what typically happens:

Step 1: Eligibility Interview

CBSA or IRCC will determine if you’re eligible to make a claim. If you are, you’ll receive:

  • Acknowledgement of Claim Letter

  • Refugee Protection Claimant Document (RPCD) – allows you to access health care and other services.

  • A Basis of Claim (BOC) Form to complete and submit within 15 days (unless otherwise instructed).

Step 2: Submitting the BOC Form

This form is essential. It details your personal story and the reasons you fear returning to your home country. It must be truthful, consistent, and supported by any available evidence.

Step 3: Scheduling of the Hearing

After the BOC form is submitted, you’ll be scheduled for a hearing before the Immigration and Refugee Board of Canada (IRB), usually within a few months.

7. Refugee Hearing Before the IRB: Claim Refugee in Canada from the US

The IRB’s Refugee Protection Division (RPD) is an independent tribunal that hears refugee cases.

At the Hearing:

  • You will testify about your experiences and explain why you fear returning home.

  • You may have a lawyer or legal representative.

  • An interpreter is provided if needed.

  • IRCC or CBSA may participate and present opposing arguments if they believe your claim is not valid.

Decision:

  • You may receive a decision at the end of the hearing or be notified in writing later.

  • If your claim is approved, you become a protected person and can apply for permanent residence.

  • If refused, you may appeal to the Refugee Appeal Division (RAD) or apply for judicial review at the Federal Court.

8. While Awaiting a Decision: Life in Canada

Refugee claimants can live and work in Canada while awaiting their hearing and decision.

Temporary Benefits Include:

  • Work Permit: Available once you receive your RPCD.

  • Health Coverage: Through the Interim Federal Health Program (IFHP).

  • Legal Aid: Available in many provinces for low-income claimants.

  • Housing and Social Assistance: May vary by province.

Canada generally provides a supportive environment, though claimants face challenges such as limited employment, language barriers, and emotional stress.

9. What Happens If Your Claim Is Denied?

If your refugee claim is denied, you will receive a removal order but may still have options:

Possible Remedies:

  • Appeal to the Refugee Appeal Division (RAD) (if eligible)

  • Judicial Review at the Federal Court

  • Pre-Removal Risk Assessment (PRRA) – a review of risks associated with deportation

  • Humanitarian and Compassionate (H&C) Grounds Application – requests to stay in Canada based on personal hardship

  • Stay of Removal – a temporary halt on deportation in some cases

It’s critical to consult a lawyer or legal advocate if your claim is denied to determine your options.

Claim Refugee in Canada from the US
Claim Refugee in Canada from the US

10. Applying for Permanent Residence: Claim Refugee in Canada from the US

If your claim is approved, you can apply for permanent residence as a protected person. You may also include family members in Canada or abroad.

Requirements:

  • Completion of background and security checks

  • Medical exams

  • Identity verification

  • Submission of permanent residence application forms

After approval, you become a permanent resident of Canada and may later apply for citizenship after meeting residency requirements.

11. Refugee Claim Tips and Best Practices

If you are planning to make a refugee claim in Canada from the U.S., consider the following advice:

  • Document Everything: Collect letters, medical records, police reports, news articles, and personal statements supporting your claim.

  • Tell the Truth: Inconsistencies or false information can destroy your case.

  • Hire Legal Help: An immigration lawyer or licensed consultant greatly improves your chances of success.

  • File on Time: Submit your BOC and all required forms by the deadline.

  • Respect Canadian Laws: Any criminal charges or misrepresentation can negatively impact your claim.

12. Special Considerations for U.S. Residents

Some residents of the U.S. may believe they are safe there, but not all asylum seekers are protected in the U.S., especially those facing:

  • Gender-based persecution

  • Domestic or gang violence

  • Discrimination for sexual orientation or gender identity

  • Persecution based on religion, race, or politics in their home country

  • Statelessness or lack of legal status in the U.S.

If the U.S. denies you refugee protection or you fear being deported from the U.S. back to your home country, Canada may still consider your case if you meet an exception to the STCA.

13. Challenges in the Refugee Process: Claim Refugee in Canada from the US

While Canada’s refugee system is one of the most comprehensive in the world, it is not without challenges:

  • Delays and Backlogs: Some hearings may be delayed due to high volume.

  • Housing Difficulties: Affordable housing can be hard to find in major cities.

  • Emotional Toll: The uncertainty of the process can be stressful.

  • Risk of Deportation: For those whose claims are denied and who don’t appeal or apply for alternative status.

However, many claimants find community support through churches, immigrant service organizations, and local advocacy groups.

14. Refugee Support Organizations

Numerous organizations across Canada assist refugee claimants with:

  • Legal advice

  • Housing

  • Food and clothing

  • Job search

  • Counseling and trauma recovery

Connecting with such organizations early in the process can provide critical support and advocacy.

Conclusion

Claiming refugee status in Canada from the U.S. is a serious and complex process. While Canada is committed to providing protection to those in need, not everyone is eligible to make a claim at the border due to the Safe Third Country Agreement. However, exceptions do exist, and those already inside Canada may still be able to apply.

For individuals fleeing persecution, war, or grave human rights abuses, Canada offers a path to safety and hope. But the system requires honesty, preparedness, and resilience. With proper legal guidance and community support, many claimants successfully gain protection and build new lives in Canada.

 

In case, if you prefer to Claim Refugee in Canada from the US, please contact the next companies in Canada: IEC Immigration and RefugeeCenter.

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