What is the STCA?

The Safe Third Country Agreement (STCA) is a 2002 bilateral agreement between Canada and the United States that requires refugee claimants to claim protection in the first country they enter — either Canada OR the US, but not both.

In practical terms: if a refugee claimant arrives at the Canada-US land border and they have already been in the US, they are typically ineligible to make an inland refugee claim in Canada.

When STCA applies

STCA bars refugee claims when all of the following apply:

• Claimant arrives at the Canada-US land border
• Claimant has been in the US prior to the border crossing
• Claimant does not qualify for one of the STCA exceptions

2023 expansion — entire land border

Originally STCA applied only at official land ports of entry. In March 2023, Canada and the US agreed to expand STCA to cover the entire land border, including unofficial crossings (e.g. Roxham Road in Quebec). Effective March 25, 2023, claimants caught crossing at unofficial points are also subject to STCA.

STCA exceptions

STCA does not apply (i.e. you can claim in Canada despite being in the US) if you:

• Have family members in Canada (specific categories — anchor relative test)
• Are an unaccompanied minor
• Hold a valid Canadian visa or other Canadian document
• Hold stateless status
• Are a national of a country where Canada has issued a moratorium on deportations
• Face the death penalty in the US for the underlying conduct
• Made a refugee claim in another country and were rejected, AND that country was not party to STCA

What if STCA bars my claim?

Options if STCA applies:

• Return to the US and pursue protection there
• Apply for an STCA exception based on family ties or other qualifying grounds
• Pursue alternative pathways to come to Canada (sponsorship, work permit, study permit)
• Apply for refugee resettlement abroad through UNHCR (overseas resettlement is distinct from STCA-affected inland claims)

STCA does NOT apply to

• In-Canada claims: if you arrived in Canada by air, sea, or were already in Canada (on visitor / study / work permit), STCA generally doesn't apply
• Airport claims: claims made at Canadian airports on arrival are generally not subject to STCA
• Eligibility for protection elsewhere: STCA doesn't bar you from claiming in third countries beyond Canada-US

Halani's note

STCA-affected claimants need specialized assessment of exception eligibility. Family-tie exceptions are the most-used; we map specific family-anchor relationships against STCA criteria at consultation.