2. Figure out if you have an anchor relative in Canada
One exception to the Safe Third Country Agreement (STCA) is for people who have an eligible family member in Canada. They're also called an anchor relative.
If you can prove that you have an anchor relative in Canada, you should be allowed to enter Canada. If you also meet the other requirements at Step 5, you're eligible to make a refugee claim.
Required relationship
To qualify for the family member exception to the STCA, your family member who's in Canada must be your:
- , including same-sex spouse, if the marriage is genuine and was legal where it took place and would be legal in Canada,
- genuine ,
- child or grandchild,
- parent or grandparent,
- sibling,
- aunt or uncle,
- niece or nephew, or
- legal guardian if you're age 17 or younger.
Only the family members in this list qualify for the exception.
Required immigration situation
Your family member must also have an eligible immigration situation in Canada to qualify. They must be one of the following:
- a Canadian citizen
- a of Canada
- a in Canada
- someone who is over 18 years old, made a refugee claim that has been found eligible, and is waiting for their refugee hearing
- someone who is over 18 years old with a valid Canadian work or study permit, but not if they got the permit because they made a refugee that was later refused or if they got a work permit because they cannot be removed
- someone whose has been stayed on
Only family members with one of the above immigration situations can qualify for the exception.
If your relative made a refugee claim in Canada on or after June 3, 2025, and you want them to be your anchor relative, a new law called Bill C-12 may affect you.
Bill C-12 says that some people who made refugee claims since that date are no longer eligible. Use this tool from the Migrant Rights Network to check if your relative's claim could end.
If your relative made a refugee claim, and the immigration authorities decide that they're no longer eligible, that person cannot be your anchor relative. Get legal advice.
Must be in Canada
When you make your claim in Canada, your family member must be physically in Canada. For example, they cannot be on vacation outside of Canada when you arrive. And it is best if they plan to meet you at the border in case Canada Border Services Agency wants to speak to them to verify your relationship and their immigration status.
Your family member is not expected to support you financially in Canada.