Family Member Exception to the STCA

This is a general guide only and does NOT constitute legal advice. Claimants and anchor relatives will also be interviewed to confirm identity.

WHO CAN BE AN ANCHOR RELATIVE?

WHAT RELATIONSHIP IS NEEDED?

  • Mother
  • Father
  • Legal guardian
  • Grandmother (mother’s mother or father’s mother)
  • Grandfather (mother’s father or father’s father)
  • Aunt (mother’s sister or father’s sister)
  • Uncle (mother’s brother or father’s brother)
  • Niece (child of mother’s or father’s sister or brother)
  • Nephew (child of mother’s or father’s sister or brother)
  • Sister (at least one parent the same)
  • Brother (at least one parent the same)
  • Spouse or common-law partner
  • Child (including adult children)

WHAT STATUS DOES THE ANCHOR RELATIVE NEED TO HAVE?

  • Canadian citizen
  • Permanent Resident of Canada
  • Protected person under Canadian immigration legislation or has made a claim for refugee status in Canada that has been accepted (accepted refugee or accepted PRRA)
  • Has had his or her removal order stayed on humanitarian and compassionate grounds (approved in principle)
  • Holds a valid Canadian work permit (without being out of status)
  • Holds a valid Canadian study permit (without being out of status), or
  • Is over 18 years old and has a claim for refugee protection that has been referred to the refugee board and not withdrawn, abandoned, rejected, or found ineligible

WHAT DOCUMENTS ARE NEEDED?

Documents need to be original if at all possible, completely clear and legible, and if not in French or English must be accompanied by a proper translation. There is no official list of documents and alternatives may be possible, but generally speaking:

TO PROVE RELATIONSHIP

  • Anchor relative is mother/father:
    • Claimant’s birth certificate, which will list their mother/father
  • Anchor relative is grandmother/grandfather:
    • Claimant’s birth certificate, which will list their mother/father (may also list grandparents, at least father’s father)
    • For mother’s mother or father: mother’s birth certificate; for father’s mother or father: father’s birth certificate (which will list the anchor relative as a parent)
  • Anchor relative is aunt/uncle:
    • Claimant’s birth certificate, which will list their mother/father (may also list grandparents, at least father’s father)
    • For mother’s sister or brother: mother’s birth certificate; for father’s sister or brother: father’s birth certificate (which will list the parent they share)
    • Anchor relative’s birth certificate (which will list the parent they share with the claimant’s parent)
  • Anchor relative is niece/nephew:
    • Claimant’s birth certificate, which will list their mother/father
    • Birth certificate of the claimant’s brother/sister who is the mother/father of the anchor relative (this will show the same parents as the claimant’s birth certificate, proving that they are brother/sister)
    • Anchor relative’s birth certificate (which will list the parent which is the claimant’s brother/sister)
  • Anchor relative is sister/brother:
    • Claimant’s birth certificate, which will list their mother/father
    • Birth certificate of the claimant’s brother/sister who is the mother/father of the anchor relative (this will show the same parents as the claimant’s birth certificate, proving that they are brother/sister)
  • Anchor relative is spouse or common-law partner:
    • For spouse: marriage certificate
    • For common-law partner: this will require complicated evidence and should not be attempted without legal counsel
  • Anchor relative is child:
    • Anchor relative’s birth certificate (which will list claimant as a parent)

TO PROVE IDENTITY AND STATUS

  • Government-issued photo ID for claimant
  • Government issued photo ID for anchor relative
  • Proof of status in Canada (may be the same item as photo ID):
    • Citizen: passport, citizenship certificate, in-Canada birth certificate
    • Permanent Resident: PR card, Confirmation/Record of Landing, Confirmation of Permanent Residence, Verification of Status document
    • Protected person/accepted refugee or accepted PRRA: Refugee Travel Document, positive decision on PRRA or refugee claim, Verification of Status document
    • Has had his or her removal order stayed on humanitarian and compassionate grounds (approved in principle): Approval letter
    • Holds a valid Canadian work permit (without being out of status): Work Permit, Verification of Status document
    • Holds a valid Canadian study permit (without being out of status): Study Permit, Verification of Status document
    • Refugee case before the RPD: Refugee Protection Claimant Document
  • If applicable: if anchor relative has changed their name (for e.g. through marriage) they will need to show proof of this (usually a marriage certificate)
  • Proof of current residence in Canada is generally required if the anchor relative is not going to the border interview

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