Before you travel (everybody should read this!) français - español
This page contains the following information:
- NEW RULES!! Seeking asylum at the Canadian land border: crossing irregularly (in secret) or at an official point of entry.
- Definitions: Making a Refugee Claim - Pre-Removal Risk Assessment - Are you eligible to make a refugee claim?
- Dangers of crossing irregularly into Canada
- Keep your identity documents with you
- Preparing to explain your refugee claim/asylum case
- If you have already applied for asylum in the United States
- Help in New York State
- Sources of information and services for refugee claimants in Canada
1. NEW RULES!! Seeking asylum via the Canadian land border
The new law C-12 has made important changes to your right to seek asylum (make a refugee claim) via the Canadian land border.
It is essential that you inform yourself and get advice before attempting to enter Canada.
There are TWO WAYS that people enter Canada via the land border: via an official point of entry or crossing irregularly.
A. Crossing Irregularly into Canada (in secret between official entry points)
People who cross irregularly are usually not eligible to make a refugee claim (apply for asylum). What happens after you cross depends on when you make a claim.
Arrest or application within 0–14 days after crossing
1. a. If you are arrested after crossing or you apply for asylum within 0-14 days after crossing, immigration authorities will assess if you qualify for an exception to the Safe Third Country Agreement (STCA). If you do not qualify you will be returned to the US where you will likely be detained. You will be at risk of deportation to your home country or even to a third country.
Example: Zainab crosses irregularly into British Columbia with her child. They are arrested by RCMP at the border. She does not have any close relatives in Canada and does not qualify for an exception to the STCA. She and her child are returned to US border authorities and are detained.
Exception to the STCA - Eligible
b. If you do qualify for an STCA exception, and you have not visited Canada before, on or after 24 June 2020, then you will normally be able to make a refugee claim in Canada. Note: There are other reasons why you might not be eligible to apply for asylum. See “Quick Definitions” below.
Exception to the STCA and the One-Year Rule
c. If you do qualify for an STCA exception, and you have visited Canada before, on or after 24 June 2020, you must also qualify under the new One Year Rule (see below at B.1.b) in order to be able to make a refugee claim.
Application 15 Days or More After Crossing Irregularly
2. If you ask for asylum 15 days or more after crossing irregularly you will not be assessed under STCA rules. However, you will not be eligible to make a refugee claim. Instead you will be offered a Pre-Removal Risk Assessment (PRRA). See 'Quick Definitions' below.
B. Going to an Official Entry Point (Canadian Border Services Agency- CBSA):
1. You WILL normally be able to make a refugee claim:
STCA Exception - Eligible
a. You can make a refugee claim (ask for asylum) only if you qualify for an exception to the Safe Third Country Agreement (STCA). You must seek help to prepare for the interview with CBSA. You can find sources of help at paragraph 7 HERE.
Note: There are also other reasons why you might not be eligible to apply for asylum. See “Quick Definitions” below.
One Year Rule - Eligible
b. The One Year Rule : Did you visit Canada previously on or after 24 June 2020? If you qualify for an exception to the STCA, you will normally be able to make a refugee claim, only if your first entry into Canada was less than one year before your claim. Note: There are also other reasons why you might not be eligible to apply for asylum. See “Quick Definitions” below.
Example In May 2025 Daniela entered Canada for the first time to visit her sister. She returns to Canada in February 2026 and asks for asylum at an official entry point. She qualifies for an exception to the STCA (via her sister who has permanent residence) and can make a refugee claim because her first visit (later than June 24, 2020) was less than one year before she asked for asylum,
2. You will NOT be able to make a refugee claim :
STCA Exception - Ineligible
a. If you do not qualify for an STCA exception you will be returned to the US border officials, and you will likely be detained . You will be at risk of deportation to your home country or even to a third country. OR
One Year Rule - Ineligible
b. The One Year Rule: You are eligible for an exception to the STCA, but you have previously entered Canada on or after June 24, 2020, and, one year or more later, you apply for asylum at an official port of entry . You will not be able to make a refugee claim; instead you will be offered a Pre-Removal Risk Assessment (PRRA). See 'Quick Definitions' below. Your first entry on or after June 24, 2020, will serve as the starting date.
Example: Ahmed entered Canada for the first time in August 2023 to visit his mother. He returns in May 2026 and asks for asylum at an official entry point at the border. He qualifies for an STCA exception (via his mother who has refugee status). However, he cannot make a refugee claim because his first visit to Canada was more than one year ago and after 24 June 2020. Instead, he is offered a PRRA.
*** You can use the interactive questionnaire at the Migrant Rights Network to see how you will be affected by these rules and to learn the next important steps. Available in Arabic, Chinese, English, French and Spanish.
The new law C-12 has made important changes to your right to seek asylum (make a refugee claim) via the Canadian land border.
It is essential that you inform yourself and get advice before attempting to enter Canada.
There are TWO WAYS that people enter Canada via the land border: via an official point of entry or crossing irregularly.
A. Crossing Irregularly into Canada (in secret between official entry points)
People who cross irregularly are usually not eligible to make a refugee claim (apply for asylum). What happens after you cross depends on when you make a claim.
Arrest or application within 0–14 days after crossing
1. a. If you are arrested after crossing or you apply for asylum within 0-14 days after crossing, immigration authorities will assess if you qualify for an exception to the Safe Third Country Agreement (STCA). If you do not qualify you will be returned to the US where you will likely be detained. You will be at risk of deportation to your home country or even to a third country.
Example: Zainab crosses irregularly into British Columbia with her child. They are arrested by RCMP at the border. She does not have any close relatives in Canada and does not qualify for an exception to the STCA. She and her child are returned to US border authorities and are detained.
Exception to the STCA - Eligible
b. If you do qualify for an STCA exception, and you have not visited Canada before, on or after 24 June 2020, then you will normally be able to make a refugee claim in Canada. Note: There are other reasons why you might not be eligible to apply for asylum. See “Quick Definitions” below.
Exception to the STCA and the One-Year Rule
c. If you do qualify for an STCA exception, and you have visited Canada before, on or after 24 June 2020, you must also qualify under the new One Year Rule (see below at B.1.b) in order to be able to make a refugee claim.
Application 15 Days or More After Crossing Irregularly
2. If you ask for asylum 15 days or more after crossing irregularly you will not be assessed under STCA rules. However, you will not be eligible to make a refugee claim. Instead you will be offered a Pre-Removal Risk Assessment (PRRA). See 'Quick Definitions' below.
B. Going to an Official Entry Point (Canadian Border Services Agency- CBSA):
1. You WILL normally be able to make a refugee claim:
STCA Exception - Eligible
a. You can make a refugee claim (ask for asylum) only if you qualify for an exception to the Safe Third Country Agreement (STCA). You must seek help to prepare for the interview with CBSA. You can find sources of help at paragraph 7 HERE.
Note: There are also other reasons why you might not be eligible to apply for asylum. See “Quick Definitions” below.
One Year Rule - Eligible
b. The One Year Rule : Did you visit Canada previously on or after 24 June 2020? If you qualify for an exception to the STCA, you will normally be able to make a refugee claim, only if your first entry into Canada was less than one year before your claim. Note: There are also other reasons why you might not be eligible to apply for asylum. See “Quick Definitions” below.
Example In May 2025 Daniela entered Canada for the first time to visit her sister. She returns to Canada in February 2026 and asks for asylum at an official entry point. She qualifies for an exception to the STCA (via her sister who has permanent residence) and can make a refugee claim because her first visit (later than June 24, 2020) was less than one year before she asked for asylum,
2. You will NOT be able to make a refugee claim :
STCA Exception - Ineligible
a. If you do not qualify for an STCA exception you will be returned to the US border officials, and you will likely be detained . You will be at risk of deportation to your home country or even to a third country. OR
One Year Rule - Ineligible
b. The One Year Rule: You are eligible for an exception to the STCA, but you have previously entered Canada on or after June 24, 2020, and, one year or more later, you apply for asylum at an official port of entry . You will not be able to make a refugee claim; instead you will be offered a Pre-Removal Risk Assessment (PRRA). See 'Quick Definitions' below. Your first entry on or after June 24, 2020, will serve as the starting date.
Example: Ahmed entered Canada for the first time in August 2023 to visit his mother. He returns in May 2026 and asks for asylum at an official entry point at the border. He qualifies for an STCA exception (via his mother who has refugee status). However, he cannot make a refugee claim because his first visit to Canada was more than one year ago and after 24 June 2020. Instead, he is offered a PRRA.
*** You can use the interactive questionnaire at the Migrant Rights Network to see how you will be affected by these rules and to learn the next important steps. Available in Arabic, Chinese, English, French and Spanish.
2. Quick Definitions
Making a Refugee Claim in Canada. You are eligible to make a refugee claim when your application is sent to the Immigration and Refugee Board (IRB), an independent body. You will have an oral hearing before an IRB member and your lawyer will be present. You will be able to testify and answer questions. If you are refused you can appeal the decision. If you succeed you will be recognized as a Convention Refugee or a Protected Person in Canada. See more at point 7 below.
Pre-Removal Risk Assessment (PRRA). This assesses the danger you face in your home country should you be returned there. It is a much less thorough process than before the IRB and has a low success rate. It is conducted by a government official, usually on paper only, but you may be called to a virtual hearing. You can have a lawyer to help you prepare your application. If you succeed you will be recognized as Protected Person in Canada. See full details HERE.
Are You Eligible to Make a Refugee Claim in Canada? Here are some reasons you will NOT be:
Making a Refugee Claim in Canada. You are eligible to make a refugee claim when your application is sent to the Immigration and Refugee Board (IRB), an independent body. You will have an oral hearing before an IRB member and your lawyer will be present. You will be able to testify and answer questions. If you are refused you can appeal the decision. If you succeed you will be recognized as a Convention Refugee or a Protected Person in Canada. See more at point 7 below.
Pre-Removal Risk Assessment (PRRA). This assesses the danger you face in your home country should you be returned there. It is a much less thorough process than before the IRB and has a low success rate. It is conducted by a government official, usually on paper only, but you may be called to a virtual hearing. You can have a lawyer to help you prepare your application. If you succeed you will be recognized as Protected Person in Canada. See full details HERE.
Are You Eligible to Make a Refugee Claim in Canada? Here are some reasons you will NOT be:
- you have Convention Refugee status in another country you can return to,
- you already have a removal order
- you made a refugee claim in Canada before that was rejected, withdrawn, , or found ineligible
- you committed a serious crime or broke international human rights laws, or
- you started a refugee claim in a 'Five Eyes' country and Canada has confirmation that you made a claim in that country. These countries are the United States (U.S.), Australia, New Zealand, and the United Kingdom. Instead you will be offered a PRRA. See important details below at point 6.
- you entered Canada on a date after June 24, 2020, and more than one year has passed since that entry (One Year Rule- see above)
- you claimed asylum at the land border and did not qualify for an exception to the Safe Third Country Agreement (STCA)
3. Dangers of crossing irregularly (in secret) into Canada. We support your right to seek asylum here but, please be aware of the dangers of crossing in secret at anytime of year.
- In winter the temperatures can go down to 30 Celcius (-22F) and it can very cold in early spring and late autumn. It is easy to get lost in the woods, to injure yourself in dangerous/snowy terrain, to lose fingers or toes to frostbite, or fall into creeks and marshes.
- If you cross unofficially in cold weather you must wear the warmest clothing, thermal underwear, good winter boots, hats,mittens and scarves.
- Since 2017, at least 20 people have died at the border from the cold (hypothermia) or drowning – including 4 children.
- The Canadian police are guarding the border with helicopters, sensors, drones and vehicles. If the police catch you, and you do not qualify under the STCA rules, you will be sent back to the USA where you are now highly likely to be detained, and possibly deported.
- If you qualify under STCA rules or you are American you can go to an official port of entry. See HERE for essential information
4. Keep your identity documents with you
Do NOT throw away or destroy your Identity papers (passport, national ID, drivers license, birth certificate). Keep your documents even if they are expired. If you qualify to enter Canada under the rules of the STCA , you must have credible ID documents in order to make a refugee claim and access faster processing at Canadian Immigration (CBSA) at the border. With this process, you will leave CBSA with your refugee claim documents and work permit application started. You will need an email address for the process. People who do not qualify, face long delays in obtaining their documents and work permit.
If you have no ID documents you are at higher risk of being detained.
Do NOT throw away or destroy your Identity papers (passport, national ID, drivers license, birth certificate). Keep your documents even if they are expired. If you qualify to enter Canada under the rules of the STCA , you must have credible ID documents in order to make a refugee claim and access faster processing at Canadian Immigration (CBSA) at the border. With this process, you will leave CBSA with your refugee claim documents and work permit application started. You will need an email address for the process. People who do not qualify, face long delays in obtaining their documents and work permit.
If you have no ID documents you are at higher risk of being detained.
5. Be prepared to explain truthfully why you are seeking asylum
This is very important.
This is very important.
- Why are you afraid to return to your country of origin?
- Have you been persecuted, threatened, wrongly imprisoned or hurt etc.?
- Are you in danger there because of your race, religion, nationality, political views, or 'membership in a particular social group' e.g. by virtue of your sex, sexual orientation, gender or family ties (to name a few) ?
- Are you at risk of torture or is there a risk to your life or of cruel and inhumane treatment?
6. Have you already made an asylum claim in the United States?
- If you have applied for asylum in the US or any of the other ‘Five Eye’ countries (United Kingdom, New Zealand & Australia), you may no longer be entitled to the full independent refugee process in Canada. Instead you only have access to a Pre-Removal Risk Assessment (PRRA) hearing conducted by a government official. See above at point 2 'Quick Definitions'.
- Note: Immigration officers in Canada will determine whether or not you are eligible for the full refugee process by examining bio-metric data (fingerprints and photos) shared among the Five Eye countries. Some asylum seekers, who have submitted claims in one of these countries, have been found eligible in Canada. This suggests that bio-metric sharing is not always consistent. However, if you have submitted an asylum claim or have provided bio-metric information in relation to any other request for protection, it is possible you may be restricted to the PRRA process. As well, some people who are found eligible at the border, are later found to be ineligible and their process is switched from a refugee claim to a PRRA.
- If this is your situation,you are strongly advised to consult a Canadian refugee lawyer before entering Canada. You can contact: 1. the Canada- US Border Rights Clinic on (289) 273-6466 or +1 855-621-2060 or at [email protected] They provide legal advice but not representation. OR 2. FCJ Refugee House to get the name of a lawyer: [email protected] or 416-469-9754 or WhatsApp +1 416-437-217-3786
6. Help in the United States (New York State)
- Plattsburgh Cares provides some support to asylum seekers in Plattsburgh: [email protected]
- Emergency Shelter: contact Diane Noiseux of the Office for New Americans in Plattsburgh at 518-420-7210
- Free legal advice: NYS Office of New Americans Immigration Hotline: 1-800-566-7636 (many languages)
7. Sources of information for refugee claimants in Canada
- UN Refugee Agency Canada: https://help.unhcr.org/canada/
- Services for Asylum Seekers in Alberta, British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario and Quebec: https://help.unhcr.org/canada/resources-for-asylum-seekers/
- Information for asylum seekers in Arabic, Creole and Turkish: http://www.bridgesnotborders.ca/info-arabic-creole-turkish.htmlInfo Arabic Creole Turkish
- The Welcome Collective info guide on immigration and refugee claims: https://welcomecollective.zendesk.com/hc/en-ca/categories/360004740531-Immigration