5. Get your eligibility decision
Question and answer
Can I make a refugee claim in Canada if I’m coming from the U.S.?At the end of your interview, the officer decides if you're eligible to make a refugee claim. Eligible means that you:
- meet an exception to the Safe Third Country Agreement (STCA) explained at Step 2, and
- meet all other requirements explained at Step 3
No STCA exception
If the officer decides that you do not meet an exception to the STCA, your refugee claim ends. You can never make another refugee claim in Canada. You're returned to the U.S. immediately and will probably be detained there by the U.S. authorities.
Not eligible for other reasons
If the officer decides that you do meet an STCA exception, you're usually allowed to enter Canada. If you do not meet the other requirements to make a refugee claim, your claim ends and you will get a . You can never make another refugee claim in Canada.
But you can usually apply for a PRRA. If your PRRA is approved, you're usually granted status and can apply for 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.
Risk of detention
You might be detained before removal. You have the right to:
- know why you're detained
- have a hearing within 48 hours
- get help from a lawyer or other licensed
You may need Authorization to Return to Canada if you're removed because of a removal order.
Eligible to make a refugee claim
If the CBSA officer decides that you're eligible to make a refugee claim, your claim is sent to the (RPD). The RPD will decide your claim usually after a refugee hearing. Sometimes the RPD can accept less complex claims without a hearing. You must complete next steps in your claim including:
- getting legal help to complete your application on the IRCC online portal, in some cases,
- getting legal help to complete your Basis of Claim (BOC) formand submit it to the RPD within 45 days
- completing your refugee medical exam within 30 days