Crossing at an official Land Port of Entry:
the Safe Third Country Agreement (STCA)
The information on this page covers the situation at official land ports of entry into Canada (POE). The Safe Third Country Agreement determines who can seek asylum at a Canadian POE and who cannot.
Please read carefully and seek advice before going to an official Port of Entry.
Please read carefully and seek advice before going to an official Port of Entry.
If you are seeking asylum in Canada, you will ONLY be able to enter at a POE if you meet one of these four exceptions from the Safe Third Country Agreement (STCA):
- having a close family member with the right status residing in Canada;
- being an unaccompanied child under 18;
- being at risk of the death penalty;
- having the right Canadian visa.
Note: the STCA does not apply to U.S. citizens or to habitual residents of the United States who are not citizens of any country ("stateless persons"). Stateless persons must be able to prove that they have lived for an extended period of time in the US.
Before going to a POE you are strongly advised to consult:
- Vive Shelter in Buffalo, New York, to get advice about STCA exceptions on 716.892.4354 x 605 or vivelegal@jrchc.org
- OR the Peace Bridge Newcomers Centre (NGO in Ontario at the Peace Bridge) to get information about preparing for an STCA interview. Call 905-871-3641, Mondays to Fridays from 8:30 am to 16:30 pm Eastern Time (leave a message). border@firststepsincanada.com.
- OR a Canadian refugee lawyer. You can call/write Romero House in Toronto, Canada to get the name of a lawyer: 416.763.1303 / info@romerohouse.org. You will likely need to pay a fee to the refugee lawyer.
If You Have Been Excluded from Canada Under STCA Rules
If you DO NOT meet an exception under the STCA you will be excluded from Canada and sent back to the US. Unless you are able to challenge this decision, you will never be able to apply for asylum in Canada again. You will be given a paper explaining the appeal deadline. When you are sent back to the US you may be put in US immigration detention, and, depending on your situation, you may be put in removal proceedings (to be sent back to your home country).
If you DO NOT meet an exception under the STCA you will be excluded from Canada and sent back to the US. Unless you are able to challenge this decision, you will never be able to apply for asylum in Canada again. You will be given a paper explaining the appeal deadline. When you are sent back to the US you may be put in US immigration detention, and, depending on your situation, you may be put in removal proceedings (to be sent back to your home country).
If you decide to enter Canada at Roxham Road
If you have been sent back to the USA after an STCA exclusion, and you decide to enter Canada at Roxham Road, you will normally be offered a Pre-Removal Risk Assessment (PRRA).
If you have been sent back to the USA after an STCA exclusion, and you decide to enter Canada at Roxham Road, you will normally be offered a Pre-Removal Risk Assessment (PRRA).
- A PRRA evaluates the danger a person would be in if they are sent back to their country of origin. If the PRRA is successful, the person will be recognized as a convention refugee or a protected person in Canada. During the PRRA process the person has access to welfare benefits and legal aid (unless their savings exceed a certain amount). They can also get a work permit, but must pay for the permit. But, if the PRRA and any related appeals to the court fail, the person will be placed in removal proceedings to send them back to their country of origin.
Applying for asylum in the US after being excluded from Canada under the STCA
If you have not yet sought asylum in the USA, you can explore that option. Be aware that some people cannot apply for asylum in the USA if they have been there longer than one year.
For more information you can call the ONA immigration hotline: 1-800-566-7636 (service in many languages). You can also contact Alex Vernon, a US refugee lawyer and professor, to discuss US asylum and refugee matters at 1 313 444 9222 or vernonag@udmercy.edu or agvernon@gmail.com.
If you have not yet sought asylum in the USA, you can explore that option. Be aware that some people cannot apply for asylum in the USA if they have been there longer than one year.
For more information you can call the ONA immigration hotline: 1-800-566-7636 (service in many languages). You can also contact Alex Vernon, a US refugee lawyer and professor, to discuss US asylum and refugee matters at 1 313 444 9222 or vernonag@udmercy.edu or agvernon@gmail.com.
News about the Safe Third Country Agreement
- According to press articles in December 2021, the Canadian and US governments are in negotiations to agree on a new Safe Third Country Agreement (STCA). According to media reports, in future the STCA will apply across the ENTIRE Canada-US border. This will mean that anyone crossing at irregular entry points like Roxham Road will fall under the rules of the new STCA and will be returned to the US if they do not qualify for one of the exceptions. Once a new STCA has been decided, it could take about one year for the rules of the new Agreement to come into force. **As of September 2022, there have been no further details.
- On October 6th 2022, the Supreme Court of Canada will hear the final appeal, brought by three Canadian organizations and some asylum seekers, that challenges the legitimacy of the STCA and the designation of the United States as a 'safe third country'. However, it will take some months before the court reaches a decision on the case and issues its judgment.
