If you’ve been living in the United States without legal status and are now thinking about seeking asylum in Canada, there are some things you should know. Many people in similar situations hope for a safer, more stable future north of the border.
Before you make any moves, it’s critical to understand how Canada’s Safe Third Country Agreement (STCA) with the U.S. works. This agreement plays a major role in who can legally make a refugee claim in Canada, but it has strict rules.
Here’s the hard truth: If you’ve already been in the U.S. (even for many years), you likely can’t file a refugee claim at the Canadian border. However, that doesn’t mean all doors are closed.
This article will help you understand the STCA, possible exceptions and alternative immigration options that may offer a real and legal pathway forward.
What Is the Safe Third Country Agreement (STCA)?
The STCA is a treaty between the U.S. and Canada that affects who can claim asylum at the Canadian border. It’s based on a principle that people looking for protection must make refugee claims after arriving in the first “safe” country.
For many, that country is the United States. So, if you’ve entered or lived anywhere in the U.S., even if undocumented for decades, Canada expects you to have made your asylum claim there, not later in Canada.
Under the STCA, if you try to cross into Canada and claim asylum, Canadian immigration officers are legally required to turn you back to the U.S., unless you qualify under a narrow exception.
This applies even if you never claimed asylum in the U.S. and even if your life there was unstable or unsafe due to your undocumented status. The agreement assumes the U.S. is a safe place where refugee protection is available, even if that wasn’t your reality.
If you’re thinking about seeking asylum in Canada after living in the U.S. without legal status, understanding this agreement is critical. It’s one of the main reasons why most people in this situation are denied the opportunity to claim asylum at the Canadian border.
Note: Since recent updates to the STCA in 2023, its rules apply more broadly across the entire Canada–U.S. border, not just at official ports of entry. This has significantly reduced the ability for individuals to bypass the agreement.
Are There Exceptions to the STCA?
Yes, while most individuals living illegally in the U.S. are barred from claiming asylum at the Canadian border due to the STCA, there are a few exceptions.
You may be able to seek asylum in Canada if one or more of the following apply:
A qualifying family member lives in Canada. This includes a spouse, parent, legal guardian, child, sibling, grandparent, grandchild, aunt, uncle, niece or nephew who has a Canadian citizenship, permanent residence, protected person status or a valid claim in process. They must be physically present and meet specific criteria.
You are an unaccompanied minor. If you are under 18, not married and arriving at the border without a parent or legal guardian, you may be exempt from the agreement.
You can demonstrate a real risk to your life, liberty or safety in the U.S. This is extremely rare and difficult to prove. It requires strong evidence that you would not receive protection in the U.S. due to exceptional circumstances, such as a risk of persecution, torture or inhumane treatment.
Each of these exceptions involves complex legal interpretation and documentation. Hiring an experienced Canadian immigration lawyer is the best option because they can assess your situation and determine if you might qualify. Making a claim without meeting one of these exemptions can result in immediate denial and potential future immigration consequences.
Alternative Immigration Options to Claiming Asylum in Canada If You’re Undocumented in the U.S.
If you’re living in the United States without legal status, Canadian asylum is likely not an option, but that doesn’t mean all hope is lost.
Canada offers other immigration pathways that may be available to you, depending on your situation. Below are the most common and viable alternatives, each with unique requirements, risks and opportunities.
Humanitarian and Compassionate Applications (H&C)
If you’re already inside Canada — for example, if you’ve entered and remained in the country despite being inadmissible or lacking status, you might be able to apply for permanent residence on humanitarian and compassionate grounds. These applications are for people who have established significant ties to Canada or would face unusual and undeserved hardship if forced to leave.
Applicants often include those who’ve lived in Canada for many years, raised children here or would be separated from family if removed. H&C applications are assessed on a case-by-case basis and require very strong documentation.
Family Sponsorship
If you have a close family member in Canada who is a permanent resident or citizen, they may be able to sponsor you for permanent residence. Eligible relationships include spouses, common-law partners, dependent children and in some cases, parents or grandparents.
Even if you’re currently out of status in the U.S., you may still be eligible under Canada’s inclusive family reunification policies, especially if you can legally enter Canada first. Every case is different, and it’s important to understand sponsorship requirements and how your U.S. immigration history may affect admissibility.
Economic and Business Immigration
If you have work experience, education, skilled trade qualifications or an entrepreneurial background, you might qualify for Canadian immigration through programs like:
These programs evaluate candidates based on points or specific regional needs. While your undocumented status in the U.S. may raise questions, it doesn’t automatically disqualify you. Having a strong professional profile, a job offer or a business plan could still open doors to permanent residence.
Temporary Resident Permit (TRP)
If you’re considered inadmissible to Canada because of your immigration history, a Temporary Resident Permit may allow you to enter Canada for a limited time. This can be a crucial step for individuals who want to reunite with family or explore longer-term immigration options.
A TRP is discretionary and must be justified by compelling reasons, such as family unification, humanitarian concerns or exceptional circumstances. If approved, it may also lead to future eligibility for permanent residence.
Intra-Company Transfers or Employer-Sponsored Work Permits
Canada’s Intra-Company Transfer (ICT) program allows executives, senior managers and employees with specialized knowledge to transfer to a Canadian branch, subsidiary or affiliate of their U.S. employer. This is especially useful for business owners or professionals in established companies looking to expand into Canada.
In other cases, you may qualify for a Labour Market Impact Assessment (LMIA)-based work permit if a Canadian employer is willing to hire and sponsor you. This route requires the employer to prove that no qualified Canadians are available for the role, but it can be a strong stepping stone to permanent residence.
These work permits are temporary at first, but many lead to long-term immigration pathways. If you’re undocumented in the U.S. but have professional experience and a strong job prospect in Canada, this route may offer a legal and realistic way to start over.
Next Steps — Don’t Risk Being Turned Away at the Border
The Safe Third Country Agreement (STCA) is strict and prevents most undocumented individuals in the U.S. from claiming asylum at the Canadian border. Attempting to do so without meeting an exemption can lead to immediate denial and long-term immigration consequences.
That said, there may still be a path forward. Whether through family sponsorship, a work permit, humanitarian relief or another immigration strategy, Ackah Law is here to help you explore your real options.
Book an initial call with our client engagement coordinators. We’ll listen to your story, assess your eligibility and help you build a legal plan for your future in Canada.
