Flying from the US to Canada, Can I claim refugee status?

[KARAM AHMED]

Hello all,
What happens if I land in the US on a US visitor visa and spend a couple of days there, then fly to Canada on a Canadian business visitor visa and apply for refugee status in Canada? Would the Safe Third Country Agreement apply? meaning the Canadian authorities will reject my refugee claim?

Best,

 

[key78]

yes you will be arrested and they fly you back to where you came from.

 

[scylla]

Hello all,
What happens if I land in the US on a US visitor visa and spend a couple of days there, then fly to Canada on a Canadian business visitor visa and apply for refugee status in Canada? Would the Safe Third Country Agreement apply? meaning the Canadian authorities will reject my refugee claim?

Best,

Yes - your claim will be refused and you'll be sent home unless you fall under one of the exceptions to the safe third country agreement.

 

[ghonghadze]

If you have two visas US and Canadian, First issue is that which one is taken first, iF you took US visa first and then Canadian even if you claim Refugee status in Canada you will have to explain why you did you leave the Country as soon as you had US visa.
if you land in US and then take a fly to Canada and you make a claim Refugee Status at the port of Entry, CBSA will allow you to make a claim and you will have a hearing in two months BUT you will have to answer the questions why you failed to make a claim in US. Even if you fall under third safe country agreement, it will be very difficult for you to win the case. So do not spoil the visas.

 

[KARAM AHMED]

yes you will be arrested and they fly you back to where you came from.

Why? my understanding is that the safe third country agreement applies only to land crossing border, not to airports.

 

[KARAM AHMED]

If you have two visas US and Canadian, First issue is that which one is taken first, iF you took US visa first and then Canadian even if you claim Refugee status in Canada you will have to explain why you did you leave the Country as soon as you had US visa.
if you land in US and then take a fly to Canada and you make a claim Refugee Status at the port of Entry, CBSA will allow you to make a claim and you will have a hearing in two months BUT you will have to answer the questions why you failed to make a claim in US. Even if you fall under third safe country agreement, it will be very difficult for you to win the case. So do not spoil the visas.

Thanks for your explanation. The only reason why I am landing in the US is because my wife has a US visa only. So I will accompany her to the US then fly alone to Canada, so when I claim refugee status in Canada, she can enter Canada legally from a land crossing border (exception to STCA). What do you think? would that be a sufficient reason why I was in the US?

 

[KARAM AHMED]

Yes - your claim will be refused and you'll be sent home unless you fall under one of the exceptions to the safe third country agreement.

Isn't traveling by air excluded from this agreement?

 

[CSED]

It's stated on the CIC website ( check it yourself) that you can claim asylum as long as you have a valid Canadian visa (other than transit visa),

Quote

"Refugee claimants may qualify under this category of exceptions if they:

hold a valid Canadian visa (other than a transit visa)
hold a valid work permit
hold a valid study permit
hold a travel document (for permanent residents or refugees) or other valid admission document issued by Canada, or
are not required (exempt) to get a temporary resident visa to enter Canada but require a U.S.–issued visa to enter the U.S.
"

Cheers!

 

[LuckyGirl88]

Hello all,
What happens if I land in the US on a US visitor visa and spend a couple of days there, then fly to Canada on a Canadian business visitor visa and apply for refugee status in Canada? Would the Safe Third Country Agreement apply? meaning the Canadian authorities will reject my refugee claim?

Best,

Many people do that to get asylum in Canada. you are not the first one to do this. Apply for asylum as soon as possible.

 

[amin shinwari]

Thanks for your explanation. The only reason why I am landing in the US is because my wife has a US visa only. So I will accompany her to the US then fly alone to Canada, so when I claim refugee status in Canada, she can enter Canada legally from a land crossing border (exception to STCA). What do you think? would that be a sufficient reason why I was in the US?