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What’s the Difference Between an In-Land Refugee Claim and a Border Claim in Canada?
Hey everyone,
Hope you're all having a calm and steady day, wherever you are in your immigration journey. I’ve seen a lot of confusion on our forum about the difference between making an in-land refugee claim versus a border refugee claim in Canada, so I thought it would be helpful to break this down in simple, human language.
Understanding this difference can save people from making very stressful mistakes, especially those who are planning to enter Canada soon or thinking about submitting a claim from inside the country.
Let’s dive right in.
🌍 What Is an In-Land Refugee Claim? (Made Inside Canada)
An in-land refugee claim is when someone is already inside Canada and decides to apply for protection.
This can happen if you:
• Entered Canada legally (visitor visa, study permit, work permit, etc.)
• Entered Canada irregularly and are now inside the country
• Entered from the U.S. but did not make the claim at the border
People make in-land claims for many reasons—some realize after arriving that they cannot safely return home, others experience new threats, and some situations back home escalate suddenly.
Key Points About In-Land Claims
🚧 What Is a Border Refugee Claim? (Made at the Port of Entry)
A border claim is when you apply for refugee protection as soon as you arrive at the Canadian border:
• Land border crossing
• Airport
• Seaport
This means you tell the border officer at the moment you arrive that you need protection.
Important Factors
Border claims often require strong preparation, especially for those coming from the U.S. side.
📝 So... What’s the Actual Difference? (In Simple Words)
Here’s the easiest way to understand it:
In-land claim:
You’re already inside Canada → then you apply.
Border claim:
You apply right at the moment you arrive at the airport/land border/seaport.
Both lead to the same final place:
Your case goes to the IRB (Immigration and Refugee Board) for a full hearing.
But the path, risks, and eligibility rules are very different.
🛑 Which Type Is Better?
There is no universal “better” option.
It depends on your situation.
In-land claims are often seen as safer and less stressful because you have time to prepare, gather evidence, find a lawyer, and understand your case better.
Border claims can be risky because of STCA rules and immediate decision-making, but some people have no choice—especially those fleeing active danger with no time to plan.
💬 Let’s Help Each Other
Everyone’s journey is different, and personal experiences can make a huge difference for newcomers who are scared and unsure what to expect.
If you’ve made a refugee claim — in-land or at the border — please share:
Looking forward to reading your experiences and supporting each other through this complicated process.
Hope you're all having a calm and steady day, wherever you are in your immigration journey. I’ve seen a lot of confusion on our forum about the difference between making an in-land refugee claim versus a border refugee claim in Canada, so I thought it would be helpful to break this down in simple, human language.
Understanding this difference can save people from making very stressful mistakes, especially those who are planning to enter Canada soon or thinking about submitting a claim from inside the country.
Let’s dive right in.
🌍 What Is an In-Land Refugee Claim? (Made Inside Canada)
An in-land refugee claim is when someone is already inside Canada and decides to apply for protection.
This can happen if you:
• Entered Canada legally (visitor visa, study permit, work permit, etc.)
• Entered Canada irregularly and are now inside the country
• Entered from the U.S. but did not make the claim at the border
People make in-land claims for many reasons—some realize after arriving that they cannot safely return home, others experience new threats, and some situations back home escalate suddenly.
Key Points About In-Land Claims
- You submit your claim to IRCC or CBSA at an office inside Canada.
- You’re often allowed to stay in Canada while your claim is assessed.
- You get access to medical coverage, work permit, and legal aid (depending on province).
- Hearing wait times depend on your country of origin and processing priority.
🚧 What Is a Border Refugee Claim? (Made at the Port of Entry)
A border claim is when you apply for refugee protection as soon as you arrive at the Canadian border:
• Land border crossing
• Airport
• Seaport
This means you tell the border officer at the moment you arrive that you need protection.
Important Factors
- CBSA handles your initial interview on the spot.
- You must meet the rules of the Safe Third Country Agreement (STCA) if entering from the U.S.
- If you are ineligible under STCA (for example, entering from the U.S. without an exception), CBSA will direct you back to the United States.
- If you qualify, they decide if your claim is eligible and then refer you to the IRB.
Border claims often require strong preparation, especially for those coming from the U.S. side.
📝 So... What’s the Actual Difference? (In Simple Words)
Here’s the easiest way to understand it:
In-land claim:
You’re already inside Canada → then you apply.
Border claim:
You apply right at the moment you arrive at the airport/land border/seaport.
Both lead to the same final place:
Your case goes to the IRB (Immigration and Refugee Board) for a full hearing.
But the path, risks, and eligibility rules are very different.
🛑 Which Type Is Better?
There is no universal “better” option.
It depends on your situation.
In-land claims are often seen as safer and less stressful because you have time to prepare, gather evidence, find a lawyer, and understand your case better.
Border claims can be risky because of STCA rules and immediate decision-making, but some people have no choice—especially those fleeing active danger with no time to plan.
💬 Let’s Help Each Other
Everyone’s journey is different, and personal experiences can make a huge difference for newcomers who are scared and unsure what to expect.
If you’ve made a refugee claim — in-land or at the border — please share:
- Which type of claim you made
- What city you applied in
- What the process was like for you
- Any tips or warnings for others
Looking forward to reading your experiences and supporting each other through this complicated process.