3. Gather evidence to prove you meet the exception
When you make a refugee claim in Canada, a Canada Border Services Officer (CBSA) officer interviews you to decide if you're eligible.
If you're using the family member exception, you must give the officer very strong to prove that you qualify.
Evidence of relationship
Bring as many documents as possible to prove your relationship to your family member in Canada. For example:
- official documents like marriage and birth certificates
- your family member's immigration forms if they listed you as a relative, like their Basis of Claim (BOC) form or application for permanent residence
- affidavits from relatives in Canada about how you're related
- communications between you and the family member, like text messages
- photos of you together
- documents to prove a common-law relationship
Evidence of immigration situation
Also bring documents that prove your family member has one of the eligible immigration situations listed in Step 2. For example, they might use their valid:
- Canadian
- Canadian Refugee Protection Claimant Identity Document
- Canadian passport
- positive Notice of Decision in their refugee claim from the of Canada
- Canadian work or study permit, but not if they got it because:
- they made a refugee that was refused, or
- they cannot be removed.
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. Their claim could end even if they were previously found eligible.
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.
Translations
Documents not in English or French must be properly translated, by a
If the translation is not from a certified translator, you also need:
- an affidavit from the translator, and
- a certified photocopy of the original document.
The translator cannot be you, your family member, or your representative.
Review all documents
Carefully review all documents you plan to use. It's best to have a lawyer review them too.
If there are mistakes or inconsistencies among your documents and your family member's documents, get legal advice. For example, errors with spelling or birth dates. Be prepared to explain them. Your lawyer may suggest DNA testing from an accredited laboratory to prove the relationship.
The officer might decide that you do not meet the exception if you do not bring original documents or enough evidence to prove:
- who you are, and
- your relationship.
The officer may also do this if your documents are not consistent or have mistakes that are not properly explained. Or if your documents are not consistent with:
- information about your family found in your anchor relative's immigration file
- answers that you or your anchor relative give during interviews
If this happens, Canada will return you to the U.S. immediately and U.S. authorities will probably detain you. Your refugee claim ends and you can never make another refugee claim in Canada.