Do I meet the family member exception to make a refugee claim when entering Canada from the U.S.?

You may not be allowed to make a refugee claim in Canada if you're coming from the United States (U.S.).

The Safe Third Country Agreement (STCA) says that a person coming from the U.S. should make their refugee claim in the U.S. because the U.S. is a safe country.

But there are some exceptions. For example, if you have an eligible family member in Canada, you may be able to make a refugee claim at the Canada-U.S. border at an official Port of Entry (POE).

This is also called having an anchor relative in Canada. Read Step 2 to learn who can be an anchor relative.

Evidence that you qualify

If you make your refugee claim when you enter Canada, a Canada Border Services Agency (CBSA) officer interviews you to decide if you're eligible.

To use the family member exception, you must prove to the officer using strong evidence that you have an eligible anchor relative. Read Step 3 to learn about preparing your evidence.

Officer’s decision

If the officer decides that you do not meet an exception to the STCA, you will be returned to the U.S. immediately. Your refugee claim ends and you can never make another refugee claim in Canada. And in the U.S., the authorities will probably detain you.

If you meet an exception

If the officer decides that you meet an exception to the STCA, you should be allowed to enter Canada. You must also prove that you meet all the other eligibility requirements to make a refugee claim.

If you meet all requirements, your claim is sent to the Refugee Protection Division. They decide your case, usually after a hearing. 

If you meet an STCA exception but not the other requirements, your refugee claim ends. But in most cases, you can stay in Canada to apply for a Pre-Removal Risk Assessment (PRRA).   

Get legal help

It's very important to get legal help before you approach the Canada-U.S. border. Read Step 1 to learn where you can get free legal help.