So far, the United States is the only third-country country classified as a safe third country. Under the agreement, refugee claimants must apply in the first country they arrive between the United States or Canada, unless they are entitled to a waiver. For example, asylum seekers who are citizens of a country other than the United States and who arrive from the United States at the land border between Canada and the United States can only assert their rights to refugees in Canada if they fulfill an exception under the Safe Third Country Agreement. In order to assess whether the person is considered a former ordinary resident of the United States, officials should verify whether the applicant has a significant period of de facto residence in the United States. In order to assist in the implementation of a significant period of de facto stay in the United States, officers may ask questions about the length of their stay in the United States and, if necessary, request documents that soothing a stay in the United States. Below are some examples of documents that may help establish a de facto stay in the United States: Ahmed Hussen, speaking as Canada`s Minister of the IRCC, said that the terms of the agreement on the security of third-country nationals were always met. The ruling Liberal Party of Canada has not indicated any plans or intentions to suspend the agreement.  Note: There may be situations where parents are not covered by an exception to the STCA, but their children do, or when the child is born in the United States, the child is exempt from the application of the STCA. In these cases, you advise parents to decide, as guardians of the children, whether their children are asserting rights in Canada or whether the children are returning to the United States with their parents. When parents decide to take their children and return to the United States, refugee applications for children in Canada should be counted as “withdrawn” and “eligible to leave” in the FOSS, while their parents` refugee applications should be considered ineligible under the STCA. When parents decide that their children are following their refugee claim in Canada; Refugee applications from children, if any, are referred to the DPR and the ID card. An applicant entering the United States is not returned to the United States if he or she holds one of the following valid documents, with the exception of a document issued exclusively to transit through Canada: officers who result in deportations to the United States must make the following: when a person is deported from the United States and transits through Canada. but has never found access to refugee status in the United States, Article 5, point b) (ii) of the agreement stipulates that these persons should be returned to the United States to have their refugee applications reviewed in that country.
Although eligible for one of the above exceptions, applicants must meet all other eligibility criteria under Canadian immigration legislation.