What should I know about applying for asylum in Canada?

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Canada has a reputation for being open and compassionate to migrants. Its leaders have said they welcome refugees. Canada seems yo offer great opportunities to new comers . All of this is true for some migrants , but the reality for others may be different.

  • Many people will not be allowed to stay- Many migrants do not qualify for asylum . If you don’t qualify, you will probably be departed back to your country of origin, for example Haiti or EI Salvador. It is unlikely that you will be allowed back to the United States.
  • There is a long wait for a decision- Evenif you are allowed to claim asylum, you will wait a long time before your case is heard. Canadian immigration system has a backing of 40,000 cases. It could be two years before you get a decision. While you wait, however , you will get benefit and permissions to work.

Who does qualify for asylum in Canada?

The Canadian government has specific requirements for a person to be considered a refugee. If you do not meet them, you will be asked yo leave or be removed. The government has no special programs for TPS holders coming from the US.

Legal entry from the United States

For some, people it is possible to claim asylum in Canada arriving legally from the U.S. This is because there are four type of exceptions.

  • Family member exceptions
  • Unaccompanied minors exceptions
  • Document holder exceptions
  • Public interest exceptions

Can you get asylum in Canada from the USA?

As updates on July 23, 2020- The Canadian Federal Court says it is not safe for Canada to send asylum seekers back to the United States.

A ruling by the Canadian Judge says that Canada should not follow the Safe Third Country agreement with the United States . the agreement allows Canada to send asylum seekers at the US- Canadian border back to the USA because they can find safety there. But the judge said the USA is not safe for asylum seekers anymore , and the agreement must end.

During the Covid-19 health crisis, most people are not allowed into Canada . This means that asylum seekers at the US- Canada border will be sent back to the USA.

What does this mean for asylum seekers going to Canada from the United States?

The Federal court ruling means asylum seekers coming from the USA should be allowed to apply for asylum. But the government is appealing against the Court’s ruling. There are three important things to know.

  1. The USA – Canada border still closed because of the Covid-19 pandemic.
  2. Evenif the government loses its appeal, the new rule will not start until 2021
  3. It is still very hard to get accepted for asylum in Canada. If you are in the United States , please read all the information below before trying to seek asylum in Canada.

Read more of how to apply for asylum in Canada

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