Common Questions
Canada and the U.S. use different words for the process of asking for protection. In Canada, this is called ‘making a refugee claim.’ In the U.S., it is called ‘seeking asylum’ or ‘making an asylum claim.’ The words are different, but the idea is the same: asking for protection because you fear persecution in your home country.
To know if you can make a refugee claim at the Canadian border, you first need to know about the Safe Third Country Agreement (STCA).
The STCA is an agreement between Canada and the U.S. This agreement decides in which country a person can make a refugee claim. The STCA says that most people who are in the U.S. cannot make a refugee claim at the Canadian border.
If you are in the U.S., you must qualify for an exception to the STCA to make a refugee claim at a Canadian border crossing. Any family member making a refugee claim with you must also qualify for an exception to the STCA.
When you arrive at the Canadian border, an officer from the Canada Border Services Agency (CBSA) will interview you and review your documents. They will decide whether you, and any family members with you, meet an STCA exception.
If CBSA decides that you do not qualify for an STCA exception, you will not be allowed to make a refugee claim at the Canadian border. You will be sent back to the U.S.
Canada reviews each family member’s situation separately. This means one family member may qualify for an exception while another family member does not. As a result, family members may receive different decisions at the Canadian border.
If CBSA decides that you do qualify for an exception, you will be allowed into Canada. Being allowed into Canada does not necessarily mean that your refugee claim will be eligible to be sent to the Immigration and Refugee Board (IRB). The IRB is the tribunal of the Canadian government that decides who gets refugee protection in Canada. There are other rules that decide whether or not a refugee claim gets sent to the IRB.
Below are the exceptions to the Safe Third Country Agreement (STCA). People who can prove that they qualify for one of these exceptions can enter Canada and ask for refugee protection.
You may qualify for this exception if you have a close family member in Canada who has a qualifying immigration status. This family member in Canada is called an “anchor relative.”
Your family member does not have to provide you with financial or other support in Canada to qualify as an anchor relative.An anchor relative is not a sponsor.
Your anchor relative must meet the following three requirements:
First requirement: Only certain types of family relationships qualify. To qualify as an anchor relative, your family member in Canada must be related to you as one of the following relationships:
- a spouse (including a same-sex spouse), if your marriage is legal and genuine
- a common-law partner (you have lived together at least 12 continuous months)
- a parent
- a child
- a brother or sister (including half-siblings)
- a grandparent
- a grandchild
- an aunt or uncle (the sibling of your parent)
- a niece or nephew
- a legal guardian
No other family members qualify. The following are examples of people who cannot be anchor relatives:
- a cousin
- a great-aunt or great-uncle (your parent’s aunt or uncle)
- an in-law (mother-in-law, sister-in-law etc.)
- a step-parent, step-child or step-sibling
- a person who you consider a family member, but who is not related by blood or adoption
You will need to prove your relationship to your anchor relative.
See also: What documents can help me prove my relationship to my family member in Canada?
Second requirement: Your family member must also have a qualifying immigration status in Canada. They must be one of the following:
- a Canadian citizen
- a permanent resident
- a protected person, for example, a person whose refugee claim was accepted
- an adult (18+) refugee claimant whose claim has been sent to the Immigration and Refugee Board (IRB)
- an adult (18+) who has a valid work permit or study permit, in most cases
- in some cases, a person whose humanitarian and compassionate (H&C) application or in-Canada spousal sponsorship application has been approved in principle
The following are examples of people who cannot be anchor relatives because they do not have a qualifying immigration status:
- a refugee claimant under 18 years old
- a refugee claimant whose claim was rejected, withdrawn, abandoned or terminated
- a refugee claimant whose claim is ineligible to be sent to the IRB, including people who have applied for a Pre-Removal Risk Assessment (PRRA) or people who can’t be removed from Canada. See here to learn more about ineligible claims.
- a work or study permit holder under 18 years old
- some work or study permit holders whose permits were issued to refused or ineligible claimants
- a visitor
Third requirement: Your family member in Canada must also be physically present in Canada when you make your refugee claim at the border. If they are outside of the country, even temporarily, they cannot qualify as your anchor relative.
You may qualify for the unaccompanied minor exception if all the following requirements are true. You:
- are under 18
- are not married
- are not in a common-law relationship
- do not have a parent or legal guardian in Canada or the U.S.
You will not qualify for the exception if your parents or legal guardian are in the U.S. or Canada, even if they are there only temporarily or they do not have valid immigration status. It is your parents’ presence in either country, and not their immigration status, that matters.
If you can prove that you are a stateless person and a “habitual resident” of the U.S., you may qualify for an exception to the STCA.
Canada considers a person to be “stateless” if no country recognizes them as a citizen under its laws, or under the way its laws work in practice. To qualify for this exception, you must be unable to get citizenship from any country, even if you take all reasonable steps to apply for it.
In addition to being stateless, you must also be a “habitual resident” of the U.S. to qualify for this exception. A habitual resident of the U.S. is someone who has lived in the U.S. for a significant period. If you are visiting the U.S., are transiting through the U.S. or have only lived in the U.S. for a short time, Canada may not consider you to be a “habitual resident” of the U.S. and you will not qualify for this exception.
You may qualify for the document holder exception if you have:
- a valid Canadian temporary resident or permanent resident visa
- a valid temporary resident permit (TRP)
- a valid travel document issued by Canada (for permanent residents or refugees)
Canadian transit visas and Electronic Travel Authorizations (eTAs) will not qualify for this exception.
You may qualify for this exception if you are a national of a country whose citizens do not need a visa to enter Canada but do need one to enter the U.S.
You may qualify for this public interest exception if you have been charged or convicted of an offence punishable by the death penalty in your country or in the U.S.
You will not be eligible for this exception if you fear risk to your life but have not been charged or convicted of an offence punishable by the death penalty.
You may qualify for this exception if:
- You have attempted to enter the U.S. from Canada and you were refused entry to the U.S. You now are being sent back to Canada. If you have never had an asylum claim determined by the U.S., you may be able to make a refugee claim at the Canadian border.
or
- You are a permanent resident of Canada. You are being removed from the U.S. to Canada.
The STCA does not apply to U.S. citizens. This means that U.S. citizens should be allowed to make refugee claims at the Canadian border. However, we strongly recommend that U.S. citizens carefully consider the implications.
See also: I am a U.S. citizen. Can I make a refugee claim at the Canada border?
No, the Safe Third Country Agreement (STCA) does not apply at an airport or seaport. If you arrive by plane or sea, you will not have to qualify for an exception.
There is one situation where the STCA will apply at the airport. If you want to make a refugee claim at a Canadian airport while you are being removed from the U.S. through Canada, the STCA applies.
