Need advice

[mrsaashiq]

Hi

Can someone pls advice on safe third country agreement. Confused with the exception. In USA now. Have a valid visit visa to Canada. I don’t have family in Canada.
1)Can I apply for asylum inside Canada if I come by land from Canada-US border. Is the exception valid for me Or is it advisable to come by air?

 

[Buletruck]

Without family in Canada, it's unlikely you qualify for an exemption from the Safe Third Country agreement and will be returned to the US. The agreement ensures you apply for refugee/asylum status in the first country you land in (unless you meet the exceptions).

http://www.cbsa-asfc.gc.ca/agency-agence/stca-etps-eng.html#protection

 

[Rob_TO]

Hi

Can someone pls advice on safe third country agreement. Confused with the exception. In USA now. Have a valid visit visa to Canada. I don’t have family in Canada.
1)Can I apply for asylum inside Canada if I come by land from Canada-US border. Is the exception valid for me Or is it advisable to come by air?

Safe Third country only applies to those that would need to make a claim at the border due to not having valid status in Canada.

Since you have a TRV already, it's fine if you enter Canada as a visitor, then claim asylum while inside (not at the border). Since you would be making a claim when already inside Canada, it doesn't mater if you entered via land or air. Either way, you obviously wouldn't tell CBSA you are intending to make an asylum claim.