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Safe 3rd Country agreement

hmanso02

Star Member
Apr 27, 2014
51
5
Hi All,

I know of a couple that recently arrived in USA but has not relative here and wants to cross into Canada through land border to apply for safe third country exception. The lady in this couple has a sister in canada who is a citizen so the third country treaty applies to her. The gentleman does not have any relative except technically his nephew (his sister in law's son who is a canadian citizen). Would he be allowed to avail the third country agreement based his nephew through his sister in law?
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Hi All,

I know of a couple that recently arrived in USA but has not relative here and wants to cross into Canada through land border to apply for safe third country exception. The lady in this couple has a sister in canada who is a citizen so the third country treaty applies to her. The gentleman does not have any relative except technically his nephew (his sister in law's son who is a canadian citizen). Would he be allowed to avail the third country agreement based his nephew through his sister in law?
Hi

If they are married/common-law, they enter together based on the wife's sister.

If they are not married/common-law, he does not qualify. His sister-in-law's son is not considered a family member.
 
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hmanso02

Star Member
Apr 27, 2014
51
5
Hi

If they are married/common-law, they enter together based on the wife's sister.

If they are not married/common-law, he does not qualify. His sister-in-law's son is not considered a family member.
Hi. thanks for reaching out. They are married. at the time of application at the border, do they need to have the wife's sister present at border or can they just provide copies of her passport showing that she is a canadian citizen?
 

Here2help

Star Member
Apr 30, 2017
104
50
Hi. thanks for reaching out. They are married. at the time of application at the border, do they need to have the wife's sister present at border or can they just provide copies of her passport showing that she is a canadian citizen?
No she doesn’t need to be present at the border while they are coming in to Canada, if she goes its good for them. But they must have the documents to provide to the CBSA to prove their relationship( Birth certificates, photos etc). There will be a few hours interview at the border. The CBSA officials will make a Phonecall to her sister to make sure she is aware of them and to confirm their relationship ( if she is not present at the border).

Remember if they failed to prove their relationship by the documents or in the interview, they will be considered as misrepresentation and sent back to the USA and detained by US customs .

Hope that helps.
 
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Refuge

Star Member
Oct 26, 2017
119
18
Dear seniors,

It would be appreciated if anyone reply following questions.

If someone came through land border as safe third country agreement by Bus, will it be considered irregular/illegal border crossing or it will consider as legal border crossing?

Thanks
 

canuck78

VIP Member
Jun 18, 2017
53,062
12,799
Dear seniors,

It would be appreciated if anyone reply following questions.

If someone came through land border as safe third country agreement by Bus, will it be considered irregular/illegal border crossing or it will consider as legal border crossing?

Thanks
If it is through an actual border crossing it will be a legal border crossing. Would suggest other arrangements especially after you have arrived in Canada because you will spend a while with the border agents and the bus will leave without you. If approved you can walk in or take a cab to the closest bus station and buy a ticket to continue your journey.
 
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Refuge

Star Member
Oct 26, 2017
119
18
One more question if seniors kindly clarify:

Is it true that if anybody came under STCA and incase hearing is negative he will not get right of appeal (if it is right, why they can’t appeal)?

Is there any other options are available for them?

TIA
 

hmanso02

Star Member
Apr 27, 2014
51
5
One more question if seniors kindly clarify:

Is it true that if anybody came under STCA and incase hearing is negative he will not get right of appeal (if it is right, why they can’t appeal)?

Is there any other options are available for them?

TIA
Thanks for this valuable follow up questions. Seniors, I would greatly appreciate your follow up on this as well. @canuck78 and @canuck_in_uk and @Here2help.


Your feedback has been really useful and we would be thankful if you can lend your thoughts on the issue of options for people who were granted Safe Third Country exception but had their appeal refugee application denied. What are the options, if any for these people?