Published
Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.
Updated November 9, 2026: sections 101 and 112 of the Immigration and Refugee Protection Act and sections 159.4 and 159.5 of the Regulations checked on Justice Laws (current to October 19, 2026), and IRCC’s Safe Third Country Agreement page and ineligible-claims information sheet checked on canada.ca that day.
The rule: If you come from the US at a land border crossing, or cross between ports and claim within 14 days, the Safe Third Country Agreement makes your claim ineligible unless an exception applies. Since Bill C-12, a claim made 14 days or more after crossing between ports is also ineligible, and so is any claim made more than one year after you first entered Canada after June 24, 2020.
Who it affects: Anyone who arrived from the US by land or crossed between ports, and anyone who waited more than a year to claim (claims made on or after June 3, 2025).
What happens next: An ineligible claim is not heard by the Immigration and Refugee Board. A removal order follows. The two Safe Third Country routes lead back to the US with no risk assessment; the 14-day and one-year bars usually lead to a Pre-Removal Risk Assessment (PRRA).
What to do: Check the exceptions table before you make or explain a claim, and get advice on the decision letter quickly: the removal order comes into force 7 days after an ineligibility decision.
The lawyers who handle these files
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
If you came to Canada from the United States, whether you can still make a refugee claim depends on three things: where you entered, when you claimed, and whether an exception applies to you. At a land border crossing, the Safe Third Country Agreement blocks most claims unless you have family in Canada, are an unaccompanied minor, hold certain Canadian documents, or fall under the public interest exception. If you crossed between ports, you have to claim in less than 14 days and fit an exception; claiming later is now its own bar under Bill C-12. A one-year bar also applies to everyone. This guide sets out each route and what happens after an ineligibility finding.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, advises refugee claimants on eligibility, responds to ineligibility letters and files Pre-Removal Risk Assessments when a claim cannot go to the Board.
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What is the Safe Third Country Agreement?
The Safe Third Country Agreement is a 2004 treaty between Canada and the US. It says refugee claimants must ask for protection in the first safe country they reach. Canada has designated only the US. In law it works through paragraph 101(1)(e) of the Immigration and Refugee Protection Act (IRPA): a claim from someone who came from a designated country is ineligible to go to the Refugee Protection Division.
IRCC’s Safe Third Country Agreement page (modified March 25, 2026) says the agreement was signed on December 5, 2002, took effect on December 29, 2004, and does not apply to US citizens. Since the Additional Protocol took effect on March 25, 2023, it applies across the whole land border, including inland waterways. It applies:
- at Canada–US land border crossings;
- between ports of entry, if the claim is made less than 14 days after entering Canada;
- by train;
- at airports only for a person refused refugee status in the US who is in transit through Canada after being deported from the US.
Section 159.4 of the Immigration and Refugee Protection Regulations sets these places out. It also says the agreement does not apply at harbour ports, including ferry landings, or at airports (other than the US-removal transit case).
Safe Third Country exceptions and the Bill C-12 bars: who can still claim
You can still have your claim heard if you fit a Safe Third Country exception and you claim within one year of first entering Canada. You cannot if you came by land from the US with no exception, if you crossed between ports and waited 14 days or more, or if you waited more than a year. The table shows each route and what happens next.
| Your situation | Rule | Can the claim go to the Board? | What happens next |
|---|---|---|---|
| Family member in Canada who is a Canadian citizen | R159.5(a) | Yes, if you meet every other eligibility rule | Referred to the Refugee Protection Division (RPD) for a hearing |
| Family member in Canada who is a permanent resident, a protected person, or has a removal order stayed under section 233 | R159.5(b) | Yes, if every other rule is met | Referred to the RPD |
| Family member aged 18 or older whose own refugee claim was referred to the Board (not withdrawn, abandoned, rejected, terminated or nullified) | R159.5(c) | Yes, if every other rule is met | Referred to the RPD |
| Family member aged 18 or older who holds a work or study permit (some permits excluded) | R159.5(d) | Yes, if every other rule is met | Referred to the RPD |
| Unaccompanied minor: under 18, no parent or legal guardian with you, no spouse or common-law partner, and no parent or legal guardian in Canada or the US | R159.5(e) | Yes, if every other rule is met | Referred to the RPD |
| Document holder: a Canadian visa, temporary resident permit, travel document or similar (not a transit-only document) | R159.5(f) | Yes, if every other rule is met | Referred to the RPD |
| You can enter Canada without a visa but would need one to enter the US | R159.5(g) | Yes, if every other rule is met | Referred to the RPD |
| You were refused entry to the US without your refugee claim being decided there, and are coming back to Canada | R159.5(h)(i) | Yes, if every other rule is met | Referred to the RPD |
| Public interest: charged with or convicted of an offence that could carry the death penalty in the US or a third country (not available if inadmissible for security, human rights, serious criminality, or a danger to the public) | IRCC STCA page | Yes, if every other rule is met | Referred to the RPD |
| Came from the US at a land border crossing, no exception | A101(1)(e) | No | IRCC: you “will be returned to the US”. No PRRA: A112(2)(b) |
| Crossed between ports from the US and claimed in less than 14 days, no exception | R159.4(1.1), A101(1)(e) | No | Returned to the US. No PRRA: A112(2)(b) |
| Crossed between ports from the US and claimed after the 14-day time limit | A101(1)(b.2) (Bill C-12) | No | Removal order; PRRA once CBSA says you can apply; open work permit public policy may apply |
| Claimed more than one year after first entering Canada (entry after June 24, 2020; claim made on or after June 3, 2025) | A101(1)(b.1) and (1.1) (Bill C-12) | No | Removal order; PRRA once CBSA says you can apply; open work permit public policy may apply |
Sources for the table: R159.5, IRPA s. 101, IRPA s. 112 and IRCC’s Safe Third Country Agreement page. “Every other rule” means the rest of section 101: for example, no earlier claim rejected by the Board, no earlier ineligible, withdrawn or abandoned claim, and the one-year bar.
How does the 14-day rule work now?
If you cross between ports of entry from the US, timing decides which bar applies. Claim in less than 14 days and the Safe Third Country Agreement applies unless you prove an exception. Claim after the 14-day limit and, since Bill C-12, paragraph 101(1)(b.2) makes the claim ineligible. Either way, crossing between ports no longer leads to a Board hearing unless an exception applies in the first 14 days.
Before Bill C-12, people who crossed between ports could wait out the 14 days and then claim. Bill C-12 (the Strengthening Canada’s Immigration System and Borders Act, S.C. 2026, c. 4, royal assent March 26, 2026) closed that gap. The new paragraph reads that a claim is ineligible if the claimant “entered Canada at a location along the Canada–United States land border … that is not a port of entry and made the claim after the end of the time limit referred to in subsection 159.4(1.1)” of the Regulations.
The difference between the two bars matters a lot. A finding under the Safe Third Country Agreement (paragraph 101(1)(e)) shuts out the Pre-Removal Risk Assessment: section 112(2)(b) says a person whose claim was found ineligible under 101(1)(e) may not apply. A finding under the new 14-day bar (b.2) is not on that list, so the PRRA stays open, and IRCC’s temporary work permit policy covers it.
IRCC says unaccompanied minors are exempt from the new eligibility rules (IRCC, changes to the asylum process).
What is the one-year bar?
A refugee claim is ineligible if you entered Canada after June 24, 2020 and made the claim more than one year after entry. If you entered more than once, the year runs from the day after your first entry. It applies to everyone, whether you came from the US or not, and to claims made on or after June 3, 2025, the day Bill C-2 was introduced.
The rule is in paragraph 101(1)(b.1) and subsection 101(1.1) of IRPA. The start date comes from section 75 of Bill C-12, which applies the new bars to claims made from the day Bill C-2 was introduced (June 3, 2025), and not to claims made before it. IRCC’s asylum changes page (modified November 3, 2026) describes the rules as affecting “claims started after June 2, 2025” and says they apply to students and temporary residents “regardless of whether they left the country and returned” (IRCC committee notes, modified September 4, 2026).
What happens after a claim is found ineligible?
An ineligible claim is not sent to the Board. You get a decision letter, and the conditional removal order made when you claimed comes into force 7 days after the ineligibility decision. For the 14-day and one-year bars, CBSA then tells you when you can apply for a Pre-Removal Risk Assessment, and a PRRA filed on time stops removal until IRCC decides.
IRCC’s information sheet on ineligible asylum claims (listed on the asylum resources page, modified November 3, 2026) says:
- the removal order comes into force “Seven days after the date of the ineligibility decision set out in your decision letter”;
- any eTA, visitor visa or temporary resident permit is cancelled when the removal order is issued, and a study permit is cancelled once the order is in force unless it is stayed;
- you get instructions for an immigration medical exam, to be done within 30 days;
- you get a refugee protection claimant document (RPID) only if you may later be eligible for a PRRA, and with it Interim Federal Health Program coverage;
- you can apply for a PRRA “once a CBSA officer has told you that you can apply”, usually at a removal interview;
- if you leave, you “cannot return to Canada for one year” without an Authorization to Return to Canada.
That one-year return rule matches an exclusion order under section 225(1) of the Regulations. While a claim is eligible or undecided, section 228(3) gives a departure order instead; once the claim is ineligible, that protection ends.
IRCC told a Senate committee that a PRRA “allows for an oral hearing to be held when a serious issue of credibility is at stake”, and that most people found at risk get protected person status and can apply for permanent residence (SECD notes, modified June 26, 2026). Our guides explain the Pre-Removal Risk Assessment process and what to do if a PRRA is refused.
An ineligibility decision can also be challenged in the Federal Court. The application for leave must be filed within 15 days of learning of the decision for a matter in Canada (IRPA s. 72(2)(b)). Only a lawyer can represent you there.
Process and time limits after an ineligibility letter
The steps run quickly. The fairness letter comes first, then the decision, then a removal order that is in force 7 days later. Each step below has its own time limit, so the response to the first letter is where most of the work belongs.
| Stage | Time limit | Rule or source |
|---|---|---|
| Letter saying your claim may be ineligible (procedural fairness letter) | The date stated in the letter | Duty of fairness; IRCC procedural fairness instructions |
| Ineligibility decision letter | Removal order in force 7 days after the decision | IRCC ineligible claims information sheet |
| Federal Court leave application against the decision | 15 days in Canada | IRPA s. 72(2)(b) |
| Immigration medical exam | Within 30 days of the Medical Report form | IRCC information sheet |
| PRRA application | After CBSA notifies you. An application received within 15 days of notification is not decided until at least 30 days after notification, and removal is stayed meanwhile | IRPA s. 112; IRPR s. 162 |
Mistakes I have seen
- I have seen people tell a border officer about a relative in Canada without proof of status, so the family exception could not be applied. Bring the relative’s passport, PR card, permit or IRB notice.
- I have seen people wait past 14 days because older advice said waiting would help. Since March 26, 2026 it does not.
- I have seen claimants treat the “may be ineligible” letter as a formality. It is the only chance to show the year was counted from the wrong date, or that an exception applies.
- I have seen people leave Canada after an ineligibility decision without knowing they would need an Authorization to Return to come back within a year.
Frequently asked questions
Does the Safe Third Country Agreement still apply in 2026?
Yes. IRCC’s page, modified March 25, 2026, says the agreement and its 2023 Additional Protocol “continue to be in effect”. It covers the whole land border, including crossings between ports where the claim is made in less than 14 days.
Can I make a refugee claim at a Canadian airport after living in the US?
The Safe Third Country Agreement does not apply at airports, except for someone in transit after being deported from the US. The one-year bar and the rest of section 101 still apply, so a claim made more than a year after first entering Canada is ineligible.
Which family members count for the exception?
IRCC lists spouses, common-law and same-sex partners, children, parents, siblings, grandparents, grandchildren, aunts, uncles, nieces and nephews (the legal definition is in section 159.1 of the Regulations). The relative must be in Canada and have the status the exception requires, such as citizenship, permanent residence, protected person status or a work or study permit.
If my claim is ineligible, can I still get protection?
Under the 14-day and one-year bars, usually yes, through a Pre-Removal Risk Assessment once CBSA says you can apply. Under the Safe Third Country Agreement itself, no: section 112(2)(b) bars a PRRA and IRCC says you will be returned to the US.
Can I work while I wait?
If your claim was found ineligible under any paragraph except the Safe Third Country one, a temporary public policy lets you apply for an open work permit while you wait for the PRRA. Our guide to refugee claimant work permits covers the details.
Does leaving and coming back restart the one-year clock?
No. Subsection 101(1.1) says that if you entered more than once after June 24, 2020, the year starts the day after your first entry.
What should I do right now?
Gather proof of when and where you entered Canada, your relatives’ status documents in Canada, any Canadian visa or permit you hold, and every letter from IRCC or CBSA. If you have a letter saying your claim may be ineligible, note the response date on it. Seven days after a decision the removal order is in force, so don’t wait. Read our guide to the refugee claim process in Canada for the steps after a claim is found eligible.
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Sources (official)
- Immigration and Refugee Protection Act, s. 101 (current to October 19, 2026; last amended March 26, 2026)
- IRPA, s. 112 (current to October 19, 2026)
- IRPA, s. 72 (current to October 19, 2026)
- Immigration and Refugee Protection Regulations, s. 159.4 and s. 159.5 (current to October 19, 2026)
- IRPR, s. 162, s. 225 and s. 228 (current to October 19, 2026)
- Bill C-12, Strengthening Canada’s Immigration System and Borders Act, S.C. 2026, c. 4, ss. 73 and 75 (royal assent March 26, 2026); LEGISinfo, Bill C-2 (first reading June 3, 2025)
- IRCC, Canada–U.S. Safe Third Country Agreement (modified March 25, 2026)
- IRCC, Changes to Canada’s asylum process in 2026 (modified November 3, 2026)
- IRCC, Information for asylum claimants (modified November 3, 2026) and the Ineligible asylum claims information sheet
- IRCC, SECD – Asylum Reforms and Ineligibilities (modified June 26, 2026) and CIMM – Bill C-12 (modified September 4, 2026)
- IRCC, Temporary public policy: open work permits for claimants whose claims are ineligible (modified March 27, 2026)
This article is general information, not legal advice. Every case depends on its own facts.