5. Get legal help if you’re not eligible

You're not eligible to make a refugee claim if:

• you have Convention refugee status in another country you can return to,
• you entered Canada on a date after June 24, 2020, and more than one year has passed since that entry,
• you made a refugee claim in Canada before that was rejected, withdrawn, abandoned, or found ineligible,
• you committed a serious crime or broke international human rights laws, or
• you started a refugee claim in a country that has an information sharing agreement with Canada and Canada has confirmation that you made a claim from that country. These countries are the United States (U.S.), Australia, New Zealand, and the United Kingdom.

And you may not be eligible if you already have a removal order.

If you're not eligible, your refugee claim ends and you can never make another one in Canada.

Arriving from the U.S.

You're also not eligible to make a refugee claim if you arrive in Canada from the U.S. at a location where the Safe Third Country Agreement (STCA) applies, and you do not meet an exception. You will be returned to the U.S. immediately and cannot apply for a Pre-Removal Risk Assessment (PRRA).

Irregular entry

If you enter Canada irregularly by crossing the U.S.-Canada land border between official ports of entry, and make your refugee claim:

• more than 14 days after entering, you're not eligible to make a refugee claim. But you can usually stay in Canada to apply for a PRRA.
• 14 days or less after entering, unless you meet an STCA exception, you will be returned to the U.S. and cannot apply for a PRRA.

If you're arriving from the U.S. read, Can I make a refugee claim in Canada if I’m coming from the U.S.?

Not eligible for other reasons

If you're not eligible to make a refugee claim for one of the other reasons, you will get a removal order.

But you can usually apply for a PRRA. If your PRRA is approved, you're usually granted protected person status and can apply for permanent resident status. CBSA gives you the PRRA form when they're ready to remove you. It's not available online. Get legal help immediately if CBSA gives you a PRRA.

If you apply on time, you cannot be removed while you wait for the decision. You can get a work permit and health coverage through the Interim Federal Health Program (IFHP).

Some removals paused

Canada is currently not removing people to some places. If you're from one of these places, Canada will not remove you. But you will have no status, and few rights or ways to get status. You can get a work permit and health coverage through the IFHP. Get legal help.

This pause on removal does not apply if you're inadmissible because of:

• crime
• breaking international human rights laws
• other security concerns.

Removal

If you're not eligible for a PRRA, and your removal is not paused, you must usually leave Canada within 7 days. Get legal help.

CBSA might schedule an interview to discuss your removal. CBSA issues a warrant for your arrest if you miss:

• the interview
• your scheduled removal

If you're arrested, you can be detained until removal. You can also be detained for other reasons.

You may need Authorization to Return to Canada if you're removed because of a removal order.