Are you thinking of claiming asylum in Canada during the covid pandemic?
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en français -- en espagnol
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Dear Visitor
Hello! Welcome to our information page. Bridges Not Borders is a small group of Canadian volunteers who live in the area near Roxham Road in southern Quebec. Since 2017, we have been providing information on the border situation and the rules for asylum seekers who want to enter Canada. We are not lawyers and we cannot advise you what to do.
The information on this page covers:
1. The current situation regarding crossing irregularly into Canada to seek asylum. AFTER READING THIS PAGE, you can go HERE for practical details re Roxham Road.
2. The situation at official land ports of Entry into Canada (POE). The Safe Third Country Agreement determines who can seek asylum at a POE and who will be excluded from Canada. Please read carefully before going to a Port of Entry.
3. Vaccinations and testing
4. Help in the United States.
You can also go HERE to see useful info sheets that the UN Refugee Agency in Canada has published about claiming asylum in Canada. You can also find these information sheets in ARABIC and KREYOL.
Important Notice (7 April, 2022)
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. There have been no updates on this since December 2021. However, once a new STCA is signed, it will take about one year for the rules of the new Agreement to come into force.
Hello! Welcome to our information page. Bridges Not Borders is a small group of Canadian volunteers who live in the area near Roxham Road in southern Quebec. Since 2017, we have been providing information on the border situation and the rules for asylum seekers who want to enter Canada. We are not lawyers and we cannot advise you what to do.
The information on this page covers:
1. The current situation regarding crossing irregularly into Canada to seek asylum. AFTER READING THIS PAGE, you can go HERE for practical details re Roxham Road.
2. The situation at official land ports of Entry into Canada (POE). The Safe Third Country Agreement determines who can seek asylum at a POE and who will be excluded from Canada. Please read carefully before going to a Port of Entry.
3. Vaccinations and testing
4. Help in the United States.
You can also go HERE to see useful info sheets that the UN Refugee Agency in Canada has published about claiming asylum in Canada. You can also find these information sheets in ARABIC and KREYOL.
Important Notice (7 April, 2022)
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. There have been no updates on this since December 2021. However, once a new STCA is signed, it will take about one year for the rules of the new Agreement to come into force.
IMPORTANT MESSAGE FOR PEOPLE WHO HAVE ALREADY MADE AN ASYLUM CLAIM IN THE UNITED STATES
If you have applied for asylum in the US (or in the United Kingdom, New Zealand or Australia) you are no longer entitled to the full independent refugee determination process in Canada. Instead you only have access to a Pre-Removal Risk Assessment (PRRA) hearing conducted by a government official. You will be able to have a lawyer present with you. You need to be aware that the PRRA is a less thorough process and has a lower success rate (about 44%) than the refugee process. However, if you are successful you will be recognized as either a refugee or a protected person in Canada. ** Please consult a Canadian refugee lawyer before attempting to enter Canada.
If you have applied for asylum in the US (or in the United Kingdom, New Zealand or Australia) you are no longer entitled to the full independent refugee determination process in Canada. Instead you only have access to a Pre-Removal Risk Assessment (PRRA) hearing conducted by a government official. You will be able to have a lawyer present with you. You need to be aware that the PRRA is a less thorough process and has a lower success rate (about 44%) than the refugee process. However, if you are successful you will be recognized as either a refugee or a protected person in Canada. ** Please consult a Canadian refugee lawyer before attempting to enter Canada.
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Crossing Irregularly at Roxham Road Please be aware that you will be arrested temporarily by the police (RCMP) at Roxham Road. After arrest, the police will take you to the offices of Canadian immigration (CBSA) to begin the asylum process. Also be aware that before you cross, the police may tell you to go to the official Port of Entry at Lacolle. However, you have the right under international law to enter Canada irregularly to make an asylum claim. If you go to Lacolle Port of Entry you may be excluded from Canada and sent back to the USA under the rules of the Safe Third Country Agreement, unless you qualify for an exception to the agreement (see below). It is important to bring with you any documents and proofs that show WHY you need to ask for asylum in Canada. Why are you afraid to return to your country of origin? How have you been persecuted, threatened, tortured or hurt etc.? You will be asked questions about that. If you cannot pay for a lawyer, you may qualify for legal aid in Canada and be able to get a lawyer to help you with your asylum claim. Dress warmly for the Canadian winter and spring! Equip yourself and your family with winter coats and boots, hats, scarves, mittens and long underwear. If you are thinking about paying a smuggler to get you into Canada, stop and think about the risks. Recently a family of four froze to death while trying to cross the border with the ''help'' of smugglers. Other people have had severe frostbite and lost fingers and toes. For more practical information about the actual crossing go to this page: Crossing at Roxham Road. |
IMPORTANT : for those who were sent back to the USA during the pandemic border closure (March 2020 - November 2021) If you were directed back to the USA after irregular entry (e.g. at Roxham Road) during the border closure, you can now go to an official Port of Entry (like Lacolle) to make your asylum claim. ** Make sure that you have any documents/file number you were given by CBSA when you were directed back to the USA. See Canadian government information HERE VACCINATION, TESTS and QUARANTINE Asylum seekers who enter Canada do not need to be vaccinated or have a negative PCR test.
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CROSSING AT AN OFFICIAL LAND PORT OF ENTRY (Like Lacolle): THE SAFE THIRD COUNTRY AGREEMENT
NOTE: The following information describes the rules for asylum seekers at official land Ports of Entry since 2004.
It will not change unless the Agreement is suspended or ended.
VERY IMPORTANT
If you are allowed to enter Canada to make a refugee claim you will have to remain in isolation for 14 days unless you can prove complete vaccination (see above).
NOTE: The following information describes the rules for asylum seekers at official land Ports of Entry since 2004.
It will not change unless the Agreement is suspended or ended.
- If you are seeking asylum in Canada AND you meet one of the exceptions to the Safe Third Country Agreement (STCA), you can go to an official land Port of Entry to make a refugee claim. 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").
- FIRST make sure you fit under an exception to the STCA. The four exceptions are: 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. Important: Read about STCA exceptions HERE and also at the Canadian government website HERE.
- Before going to a land Port of Entry you are strongly advised to consult: 1. Vive Shelter in Buffalo, New York to get advice about STCA exceptions on 716.892.4354 or vivelegal@jrchc.org or 2. a Canadian refugee lawyer: You can call/write Romero House in Toronto, Ontario to obtain the name of a lawyer: 416.763.1303 / info@romerohouse.org *Please note that you will likely need to pay a fee to the refugee lawyer.
VERY IMPORTANT
- 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.
- In the United States you may be put in immigration detention, and, depending on your situation, you may be put in removal proceedings (to be sent back to your home country).
If you are allowed to enter Canada to make a refugee claim you will have to remain in isolation for 14 days unless you can prove complete vaccination (see above).
Please go to these pages for more information on the current situation from:
- the Government of Canada: Govt of Canada
HELP IN THE USA
- We work closely with Plattsburgh Cares, a volunteer organization in Plattsburgh (New York State), which gives information and support to people wanting to leave the US to seek asylum in Canada. You can contact them for support at: support@plattsburghcares.org or call them at 518-243-8292 or 518-240-8866.
- If you are in or near to Plattsburgh, NY you can contact Diane Noiseux of the Office for New Americans in Plattsburgh for emergency shelter (for 24-48 hours) on 518-420-7210 .
- Contact the Office for New Americans Hotline for advice on US immigration matters and the border situation on 1-800-566-7636 (service in many languages): Website
- The New York Immigration Coalition works for all immigrants and asylum seekers in New York State. Here is a list of legal service providers on their website: https://www.nyic.org/providers/.
