The Safe Third Country Agreement (STCA) strictly blocks most asylum claims at land borders, but it generally does not apply to direct commercial flights from the US. However, under the Strengthening Canada’s Immigration System and Borders Act (Bill C-12), you are ineligible for an IRB referral if you waited over one year since your first entry into Canada (since June 24, 2020) to claim asylum. Making an airport claim is free, though legal representation typically costs $4,000+ CAD.
For years, a massive misconception has circulated that anyone entering Canada from the United States is completely barred from claiming asylum. This confusion stems from the Safe Third Country Agreement (STCA). The core principle of the STCA is that refugee claimants must seek protection in the first safe country they arrive in. Since both Canada and the US recognize each other as safe, someone crossing the land border from New York into Ontario is generally turned back by the Canada Border Services Agency (CBSA).
However, the STCA has highly specific legal boundaries. 📑 Following the 2023 Additional Protocol, the agreement now covers the entire land and water border, shutting down irregular crossings like Roxham Road. But crucially, the STCA generally does not apply to foreign nationals arriving on commercial flights directly from the US. Claiming asylum from the US via a Canadian airport remains a legally viable pathway for those fleeing persecution.
Step-by-Step Process in Canada
Whether you land at Toronto Pearson (YYZ), Vancouver International (YVR), or Montreal Trudeau (YUL), the process of claiming asylum upon arrival is intensely scrutinized. To avoid fatal errors during the initial CBSA interrogation, many individuals coordinate with a Canadian law firm prior to boarding their flight.
Step 1: Arriving at the Canadian Port of Entry
When you step off your commercial flight from the US, you will proceed to the primary customs inspection. 📸 Here, you must immediately declare to the CBSA officer that you are seeking refugee protection. Do not attempt to enter as a tourist and make a claim later, as misrepresenting your intentions can severely damage your credibility.
Step 2: The CBSA Eligibility Interview
You will be taken to a secondary screening area. The CBSA will fingerprint you, seize your passport, and conduct a grueling eligibility interview. They will verify that the STCA does not apply to you because you arrived by air. They will also check if you are barred under the Strengthening Canada’s Immigration System and Borders Act (Bill C-12), which became law on March 26, 2026. Under Bill C-12, any asylum claim made on or after June 3, 2025, is ineligible for referral to the IRB if more than one year has passed since your first entry to Canada (after June 24, 2020)-regardless of whether you left and returned in the interim. If ineligible, you will instead be diverted to the Pre-Removal Risk Assessment (PRRA) process. Importantly, pursuant to a Temporary Public Policy published by IRCC on May 20, 2026, unaccompanied minors under 18 years of age are officially and fully exempt from this one-year filing limit and from the 14-day filing rule for irregular entries. They will also check for serious criminality or previous rejected claims in Canada.
Step 3: Referral to the Immigration and Refugee Board
If the CBSA determines you are eligible, they will issue you a Refugee Protection Claimant Document (Brown Paper). 📄 This document provides you with interim legal status in Canada. Your file is then officially transferred to the Immigration and Refugee Board (IRB), the independent tribunal that will ultimately decide your fate.
Step 4: Submitting the Basis of Claim (BOC) Form
You have strict deadlines to submit your Basis of Claim (BOC) form to the IRB. This critical document outlines exactly who you are fleeing from and why you cannot return home. Working with a skilled lawyer is vital here, as any inconsistencies between your CBSA interview and your BOC can lead to a rejection.
How Much Does it Cost in Canada?
The Canadian government does not charge fees to process asylum seekers, but surviving the complex legal process requires financial preparation. Here are the expected costs in Canadian dollars:
- Refugee Claim Fee: $0 CAD. The CBSA and IRB do not charge to hear your case.
- Work Permit Application: $0 CAD. Asylum seekers are exempt from the standard work permit fee.
- Medical Examination: Covered by the Interim Federal Health Program (IFHP) at no cost to you.
- Legal Fees: Retaining a lawyer to handle the CBSA prep, BOC drafting, and IRB hearing usually ranges from $4,000 to $8,000 CAD.
| Method of Entry from the US | Does the STCA Apply? |
|---|---|
| Official Land Border Crossing (Car/Bus) | Yes. You will generally be turned back to the US unless an exception applies. |
| Irregular Land Crossing (On Foot) | Yes. The 2023 update applies the STCA to the entire border. |
| Commercial Airport Arrival | No, the STCA does not apply, but your claim must still be eligible under Bill C-12’s one-year limit. |
How Long Does the Process Take?
Your initial encounter with the CBSA at the airport will take several exhausting hours. 🕑 Once you are released into Canada, the wait begins. Due to immense backlogs at the IRB, it typically takes 12 to 24 months to receive your actual refugee hearing date. During this time, you will be issued a work permit, allowing you to secure employment and build a life while awaiting your final decision.
Frequently Asked Questions (FAQ)
What happens if I fly to Canada but have a US deportation order?
A US deportation order does not automatically disqualify you from claiming asylum at a Canadian airport. However, the CBSA will rigorously investigate your background to ensure you do not pose a security risk to Canada.
Can I claim asylum at the airport if I am just transiting?
No. If your flight originated in the US and you are only transiting through a Canadian airport to a third country, the STCA actually does apply, and you may be deemed ineligible to make a claim.
Do I need a valid visa to fly into Canada to make a claim?
To board a commercial flight to Canada, airlines require you to have a valid visa or an eTA (Electronic Travel Authorization). If you arrive without proper documentation, you may face complications, though making a refugee claim upon landing is still your legal right.
Will the CBSA detain me at the airport?
The CBSA can detain you if they cannot verify your identity, if they believe you are a flight risk, or if you have a serious criminal record. However, most claimants with valid passports and no criminal history are released after their interview.
Are there exceptions to the Bill C-12 restrictions for children?
Yes, absolutely. Under a Temporary Public Policy published by IRCC on May 20, 2026, unaccompanied minors (children under the age of 18 who are in Canada without a parent or legal guardian) are officially and completely exempt from the one-year asylum filing limit and the 14-day filing rule for irregular entries.
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