Can I apply for asylum in Canada with TPS in the USA?

Canada is known for being an open and welcoming country for refugees; however, it is important to understand that the Canadian asylum system does not guarantee automatic entry into the country. This system focuses on protecting those who can demonstrate a legitimate need for protection, i.e. those who face persecution or serious threats in their home country.

This topic of our blog is directed to those who have Temporary Protected Status (TPS) in the United States and want to know what are the challenges they must face in order to apply for asylum in Canada. I invite you to read with me until the end, as I share valuable facts about how the Canadian immigration system works, its biggest challenges and the alternatives it offers. Let's get started!

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What is Temporary Protected Status (TPS) in the United States?

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TPS is a temporary program in the United States that protects people from certain countries affected by armed conflict, natural disasters or other extraordinary conditions from deportation. TPS benefits are temporary and include protection from deportation and work authorization, but do not offer a direct path to permanent residency or guarantee a permanent alternative should the program end. This has led some people with TPS to consider applying for asylum in Canada. 

Now, the constant question that our team of regulated consultants in Immiland has received is whether TPS is a valid reason to apply for asylum in Canada, so we have considered it important to respond in a timely manner through this article, our social platforms, as well as from the consultancies, the challenge behind this question. 

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Is TPS a valid reason to apply for asylum in Canada?

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Simply having or losing Temporary Protected Status in the United States is not a valid reason to obtain refugee status in Canada. Many foreign nationals seek to immigrate to Canada for more stable conditions, but encounter the first challenge: the Canadian asylum system requires refugee claimants to demonstrate that they are facing a specific and real threat of persecution or danger in their home country. Therefore, not having TPS or losing that status in the United States does not automatically qualify a person to be considered a refugee in Canada.

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Safe Third Country Agreement between Canada and the United States

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Another major hurdle for TPS holders in the United States is meeting the exception requirements of the Safe Third Country Agreement (STCA) between Canada and the United States. This agreement stipulates that refugee claimants seeking to enter Canada from the United States through an official port of entry must apply in the United States, as the United States is considered a "safe country". 

However, with some exceptions, persons attempting to apply for refugee status in Canada from the United States will be rejected if they do not meet the exception requirements of the agreement. Let's see what the exceptions are.

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Exceptions to the Safe Third Country Agreement

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Although limited, there are exceptions to the Canada-U.S. agreement. For example, if the person has close family members in Canada or if the application is made at unofficial border points. This seems quite encouraging to some, however, crossing the border irregularly carries legal risks because it can result in detention and/or security, criminal and health checks. 

In addition, this method involves significant dangers, especially for families or vulnerable individuals, and does not guarantee acceptance of the refugee claim. It is best to come clean about your immigration circumstances and seek professional advice so as not to break any rules that will make the situation worse.

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Canada's rigorous refugee assessment process

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Canada's asylum application process is demanding and designed to ensure that only those with a legitimate need for protection receive refugee status. To do so, applicants must present strong evidence of persecution or threats in their home country and pass a series of legal and security assessments, otherwise they will be rejected.

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Possible consequences of rejection

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If a person with TPS in the United States does not comply with the specific requirements and the refugee assessment process in Canada, the risk of rejection will be high. Meaning:

• If a refugee claim is rejected in Canada, the person may face deportation to his or her country of origin.

• You may not be able to return to the United States either, especially if your TPS has expired. 
• The risk can significantly affect those who have built a life in the United States and wish to avoid deportation to their home countries.

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Canada offers safe and legal alternatives

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For those interested in immigrating to Canada, there are legal and regulated programs that may offer a feasible pathway. Immigration, Refugees and Citizenship (IRCC) offers multiple immigration programs for people with specific job skills, international students and skilled workers. 

At Immiland, we recommend that before making risky decisions, you allow yourself to explore these alternatives, get information from official websites and seek advice from recognized and certified immigration companies in Canada. In this official government link: Canada.ca/immigration you can update relevant information. In addition to frequently visit our Immiland blog.

Our team of regulated consultants and Canadian lawyers provide the necessary support to new immigrants. If you have doubts about your case, ask for a free evaluation of your profile and receive recommended options to come to Canada legally. You can also schedule an immigration consultation as soon as possible.

I hope this information will guide you and you will be able to resolve your immigration status in the United States. Thank you for reading us and I wish you success in your process!

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With love,

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Immiland