Seeking Asylum in Canada on a Visiting Visa

Yes, you can seek asylum in Canada even if you enter with a visiting visa. Here are the key points to consider:

1. Eligibility to Seek Asylum

You can apply for asylum in Canada if you are inside the country and fear persecution or face serious risks in your home country due to:

• Race, religion, nationality, political opinion, or membership in a particular social group.

• Risks such as torture, risk to life, or cruel and unusual punishment.

2. Process for Seeking Asylum

• At a Port of Entry: You can request asylum when you arrive at a Canadian airport, seaport, or land border crossing.

• After Entering Canada: If you're already in Canada, you can file a claim at an Immigration, Refugees and Citizenship Canada (IRCC) office or a Canada Border Services Agency (CBSA) office.

3. Safe Third Country Agreement (STCA)

If you enter Canada from the United States by land, the STCA might apply, requiring you to seek asylum in the first ""safe"" country you arrived in (i.e., the U.S.). Exceptions include:

• Family members in Canada.

• Certain unaccompanied minors.

• Other specific humanitarian reasons.

Entering by air or sea does not trigger the STCA.

4. Refugee Claim Decision

Your asylum claim will be reviewed by the Immigration and Refugee Board (IRB). They will assess your eligibility and the merits of your claim.

5. Work and Benefits While Claim Is Processed

If your claim is accepted for review, you may:

• Receive an interim work permit.

• Access healthcare and social assistance during the process.

Important Considerations

1. Be Honest: Provide truthful and complete information during your asylum application process.

2. Legal Support: Seek guidance from immigration lawyers or organizations specializing in refugee claims.

3. Timeline: Processing times for asylum claims vary and may take months to years.

Seeking asylum is a significant decision and requires thorough understanding of your rights and the process.