Canadian Asylum Claims: Exemptions and Exceptions

Overview

There are four (4) types of exceptions outlined in current refugee policy between Canada and the United States:

• Family Member Exceptions
• Unaccomanied Minors Exception
• Document Holder Exceptions
• Public Interest Exceptions

All individuals who meet the criteria for any one of these exceptions must still meet all other eligibility criteria applied to all immigration in Canada

These exceptions apply to those who are found to be eligible when they make a refugee/asylum claim at the border, or ports of entry.

Warning: If you attempt to make a refugee/ asylum claim at the border and you are don't qualify for any of these exceptions to the satisfaction of a border official, you will permanently lose your ability to make a claim PERMENTALLY

Family Member Exceptions

You qualify for this exception if you have a family member who:

• is a Canadian citizen
• is a permanent resident of Canada
• is a protected person under Canadian immigration
• has made a claim for refugee status in Canada that has been accepted by the Immigration and Refugee Board of Canada
• has had his or her removal order stayed on humanitarian and compassionate grounds
• holds a valid Canadian work permit
• holds a valid Canadian study permit
• is over 18 years old and has a claim for refugee protection that has been referred to the IRB for determination (without being withdrawn, abandoned, rejected, or found ineligible by the IRB

Document holder exceptions

You qualify for this exception if you:

• 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 documents issued by Canada

Unaccompanied minors

You qualify for this exception if you are under the age of 18 and:

• do not have a mother, father, or legal guardian in Canada or the United states.
• are not accompanied by their mother, father, or other legal guardian when you reach the border
• don't have a spouse or common-law partner

Public Interest Exceptions

You qualify for this exception if you have been charged with, or convicted of an offence that could subject you to the death penalty in the U.S. or in a third country.

-Important-

You can not qualify for this exception if you are inadmissible on the grounds of security, for violating human or international rights, for serious criminality, or if you are found to be a danger to the public.

Sources

1. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/agreements/safe-third-country-agreement.html#family