The Family-Member Exception: How Haitian TPS Holders Can Seek Refuge in Canada at the Land Border
- Admin
- Jul 10
- 3 min read
Last updated 10 July 2025 — information only, not legal advice.
Why this matters
The U.S. has cancelled Haiti’s Temporary Protected Status (TPS) effective 3 August 2025, leaving more than 500,000 Haitians at risk of losing legal status. To claim asylum in neighbouring Canada, most people must first overcome the Safe Third Country Agreement (STCA), which normally forces would-be refugees to stay in (or return to) the first “safe” country they entered, here, the United States.
One major loophole remains: the Family-Member Exception.
1. What the Family-Member Exception is
Under the STCA, you can start a refugee claim at an official Canada–U.S. land-border crossing if you already have a close relative in Canada who holds one of the following statuses:
Your Canadian relative… | Qualifies? |
Is a Canadian citizen | ✔ |
Is a permanent resident (has a PR card or COPR) | ✔ |
Has been accepted as a protected person / Convention refugee | ✔ |
Had their refugee claim accepted by the IRB | ✔ |
Has a removal order stayed on humanitarian & compassionate grounds | ✔ |
Holds a valid Canadian work permit | ✔ |
Holds a valid Canadian study permit | ✔ |
Has a refugee claim referred to the IRB and still pending (not withdrawn, abandoned or refused) | ✔ |
Who counts as “family”?
The STCA uses a broad definition. Your relative may be any of the following:
Spouse or common-law/same-sex partner
Legal guardian
Child (of any age)
Parent
Brother or sister
Grandparent or grandchild
Uncle, aunt, nephew or niece Government of Canada
2. Where and when the rule applies
Scenario | Does the exception work? |
At an official land-border port of entry (e.g., Fort Erie–Buffalo, Lacolle–Champlain) | Yes |
Between ports of entry if CBSA intercepts you within 14 days of crossing | Yes (STCA still applies, so you need the exception) |
After 14 days inside Canada | STCA no longer applies; you can file an inland claim without an exception |
Canadian airports | Only relevant if you were refused asylum in the U.S. and are in transit |
The 14-day rule was added when the STCA was expanded on 25 March 2023. Government of Canada
3. Documents to bring
Border officers must be convinced of both the family relationship and your relative’s Canadian status. Pack originals and clear photocopies of:
Identity & relationship evidence – passports, birth certificates (showing parent–child link), marriage certificate, guardianship orders, family register, etc.
Status proof for your relative – Canadian passport, PR card, work/study permit, IRB decision letter or protected-person document.
Contact details – phone number and address of the relative (officers often call to verify).
Tip: Your relative does not have to travel to the border, but they should be reachable by phone or video. Government of Canada
4. What happens at the crossing
CBSA interview – identity check, fingerprinting, security screening.
STCA screening – officer reviews your papers to confirm you qualify for the family-member exception.
If accepted – you enter Canada and receive instructions or an appointment to submit your detailed “Basis of Claim” forms.
If refused – you are turned back to U.S. officials immediately (unless another exception applies).
5. Common pitfalls (and how to avoid them)
Pitfall | How to avoid |
Arriving without proof of the relationship or your relative’s status | Scan/photograph documents and email them to yourself in advance. |
Mixing up “visitor-visa invitation” with legal status | Only the statuses in the table above qualify. |
Crossing between ports and waiting more than 14 days to claim | File inland instead or ensure you still meet an exception. |
Relying on outdated blogs or social media tips | Re-check the IRCC STCA page right before you travel; last major update was March 2023. |
6. Key take-aways
The Family-Member Exception is the most straightforward way for Haitian TPS holders to start a refugee claim at the Canada–U.S. land border.
The definition of “family” is generous, but paperwork is everything. Bring originals or certified copies and have your relative on standby.
If you cannot meet this exception, other STCA exceptions exist (unaccompanied minors, document-holder, public-interest), or you can wait 14 days in Canada and file an inland claim—but each route has risks.
Always consult a licensed Canadian immigration lawyer or RCIC before you travel.
Bon courage! Haitians of Toronto will continue sharing reliable resources, but only a qualified professional can give you case-specific advice.
Immigration Lawyers
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Brampton, ON L6W 3W8
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Ottawa, ON K1N 8S7
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