A removal order is one of the most serious decisions in Canadian immigration law. It requires you to leave Canada and creates barriers to returning in the future. Whether you are a temporary resident, permanent resident, or refugee claimant, understanding why removal orders are issued and what legal options exist is vital for protecting your status.
Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) issues removal orders when someone is inadmissible under the Immigration and Refugee Protection Act (IRPA). The grounds for inadmissibility are broad—from overstaying a visa to criminal convictions. If you have received a removal order, act quickly. Time is often limited.
Contact our team for immediate guidance on your next steps.
What Is a Removal Order in Canada?
A removal order is a legal document requiring you to leave Canada. It carries serious consequences beyond a simple visa refusal—it affects your ability to return to Canada.
Removal orders are issued when someone is found inadmissible under the IRPA. This can happen at the border, during an immigration hearing, or after a CBSA or IRCC investigation. The order specifies the type of removal, timeline for departure, and any conditions for future entry.
Understanding the type of removal order you have received is the first step in determining your legal options. Our deportation lawyer in Canada can review your case and explain what the order means for your future in Canada.
Categories of Removal Orders
Canada issues three types of removal orders, each with different consequences and timelines for departure.
Departure Orders
A departure order is the least severe type. It is typically issued for minor IRPA violations, such as working without authorization or overstaying a temporary resident visa. You must leave Canada within 30 days after the order becomes enforceable and confirm your departure with CBSA. If you comply, you may return to Canada in the future without additional barriers.
If you fail to leave within 30 days and confirm departure with CBSA, the departure order automatically becomes a deportation order.
Exclusion Orders
An exclusion order is issued for more serious IRPA violations. Common reasons include misrepresentation, criminal convictions, or failing to comply with visa or permit conditions. Individuals are barred from returning to Canada for one year. If the exclusion relates to misrepresentation, the bar extends to five years from the date the removal order is enforced.
To return before the exclusion period ends, you must apply for an Authorization to Return to Canada (ARC)—a discretionary application IRCC may approve or deny. Learn more about exclusion order.
Deportation Orders
A deportation order is the most severe type and is issued for serious inadmissibility:
- Serious criminality
- Organized crime involvement
- Security threats
- Human rights violations
Individuals are permanently barred from returning to Canada unless they successfully apply for an ARC. Even then, the process is complex and approval is not guaranteed. CBSA enforces deportation orders and may detain individuals until removal is completed.
Common Reasons for a Removal Order in Canada
Removal orders are issued based on specific grounds of inadmissibility outlined in the IRPA.
Criminal Inadmissibility
Criminal inadmissibility is one of the most common reasons for removal orders. Under Section 36 of the IRPA, both foreign nationals and permanent residents can be deemed inadmissible if they:
- Are convicted of a crime in Canada
- Are convicted of a crime outside Canada that would be an offence in Canada
- Commit an act that constitutes an offence under Canadian law
Serious criminality applies when the conviction is for an offence punishable by a maximum term of imprisonment of at least 10 years, or when a term of imprisonment of more than six months has been imposed. Even permanent residents can face removal for serious criminality—assault, fraud, drug trafficking, or impaired driving. Foreign nationals may be inadmissible for less serious crimes (referred to as “criminality” under Section 36(2)).
Misrepresentation
Misrepresentation occurs when someone provides false information or withholds material facts on an immigration application:
- Lying about marital status
- Failing to disclose a criminal record
- Submitting fake documents
- Withholding information about previous refusals
Under Section 40 of the IRPA, misrepresentation results in inadmissibility and a five-year bar from entering Canada, calculated from either the final determination of inadmissibility (if made outside Canada) or the date the removal order is enforced (if made inside Canada). Intent is not required—if false information was provided, even unknowingly, it can still lead to inadmissibility.
Security Reasons
Individuals involved in espionage, subversion, terrorism, or membership in organizations that engage in these activities can be found inadmissible under Section 34 of the IRPA. Security-related removal orders are rare but carry permanent consequences.
Human Rights Violations
Under Section 35 of the IRPA, individuals who have committed war crimes, crimes against humanity, or genocide are inadmissible to Canada. This ground also applies to senior officials in governments engaged in gross human rights violations.
Health or Financial Grounds
Medical inadmissibility applies when someone has a health condition that poses a danger to public health or safety, or would cause excessive demand on Canadian health or social services.
Financial inadmissibility applies to individuals who are unable or unwilling to support themselves financially. These grounds are less common for removal orders.
Failure to Comply with Conditions
Temporary residents must comply with the conditions of their visa, work permit, or study permit. Failure to comply can result in a removal order:
- Working without authorization
- Studying without a valid study permit
- Failing to attend mandatory immigration interviews or hearings
- Overstaying a temporary resident visa
If you’re concerned about compliance issues, contact our team to discuss your options.
Removal Orders for Permanent Residents
Permanent resident (PR) status provides significant rights and protections, but does not guarantee immunity from removal orders. PRs can lose their status if found inadmissible, most commonly due to serious criminality.
When a PR is convicted of a crime for which a term of imprisonment of more than six months has been imposed, or for an offence punishable by a maximum term of imprisonment of at least 10 years, they may face a removal order. However, PRs have the right to appeal removal orders to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board, unless the inadmissibility falls under one of the exceptions in Section 64 of the IRPA.
At the IAD, the decision-maker considers:
- The seriousness of the offence
- Ties to Canada
- Impact on family members in Canada
- Evidence of rehabilitation
PRs found inadmissible on grounds of security, violating human or international rights, or organized criminality under Sections 34, 35, or 37 do not have the right to appeal to the IAD. Additionally, PRs convicted of serious criminality where the crime was punished in Canada by a term of imprisonment of at least six months, or is described in paragraphs 36(1)(b) or (c), also lose the right to appeal under Section 64(2). In these cases, a Federal Court judicial review or a humanitarian and compassionate (H&C) application may be the only legal options.
What Happens After a Removal Order Is Issued?
Timeline to Leave
The timeline for leaving Canada depends on the type of removal order:
- Departure orders: 30 days to leave voluntarily after the order becomes enforceable, and confirm departure with CBSA
- Exclusion orders: Departure expected immediately unless under appeal or stay
- Deportation orders: CBSA determines the timeline and enforces removal
If you fail to leave within 30 days for a departure order and confirm your departure with CBSA, it automatically converts to a deportation order.
Appeals and Stays
Permanent residents can appeal to the IAD (subject to Section 64 restrictions), and protected persons (Convention refugees) also have appeal rights in some circumstances. Filing an appeal can result in a stay of removal, meaning you remain in Canada while your case is heard.
Foreign nationals generally cannot appeal a removal order to the IAD, but may apply for judicial review at the Federal Court if the decision was made unfairly or incorrectly. Time limits for filing appeals and judicial reviews are strict.
Learn more: how to stop a removal order in Canada.
CBSA Enforcement
Once a removal order is enforceable, CBSA ensures you leave Canada. Enforcement can include:
- Requiring regular reporting to CBSA
- Detaining individuals deemed a flight risk or a danger to the public
- Coordinating removal flights and travel arrangements
Individuals may be detained in immigration holding centres until removal is completed, particularly those who have failed to comply with previous orders or pose a security risk.
Can a Removal Order Be Challenged?
Yes. Removal orders can be challenged through several legal processes:
Appeals to the Immigration Appeal Division (IAD) are available to permanent residents (subject to Section 64 restrictions) and some protected persons. The IAD has discretion to allow someone to remain in Canada based on humanitarian and compassionate factors, even if technically inadmissible.
Judicial review at the Federal Court is available when an immigration decision is believed to be unreasonable, unfair, or made without proper legal authority. Federal Court reviews whether the decision-maker followed the law correctly.
Humanitarian and Compassionate (H&C) applications allow individuals to request an exemption from normal immigration requirements based on compelling personal circumstances, such as family ties in Canada, hardship if removed, or the best interests of children.
Pre-Removal Risk Assessment (PRRA) is available to individuals who fear persecution, torture, or other serious harm if returned to their home country. A PRRA can delay or prevent removal if the risk is established.
Contact our team today to explore which legal option applies to your situation.
How an Immigration Lawyer Can Help
Facing a removal order is stressful and overwhelming, but legal representation can make a significant difference. An immigration lawyer can:
- Review the basis for your inadmissibility and identify weaknesses in the decision
- File appeals to the IAD or applications for judicial review at Federal Court
- Prepare and submit H&C applications or PRRA submissions
- Represent you at hearings and protect your rights
At Kingwell Immigration Law, we have over 20 years of experience in Canadian immigration law, including Federal Court litigation for complex inadmissibility and removal cases. We provide strategic, personalized legal support to help you stay in Canada or plan for the future.
Don’t wait until it’s too late—get in touch with a trusted immigration lawyer now at 416.988.8853 or visit our contact page to schedule a consultation.
Frequently Asked Questions
What is the difference between a removal order and deportation?
Deportation is the most severe type of removal order. All deportation orders are removal orders, but not all removal orders are deportations. Canada has three types: departure orders (least severe), exclusion orders (moderate), and deportation orders (most severe with permanent bar).
Can I return to Canada after a removal order?
It depends on the type. If you complied with a departure order within 30 days, you can return. Exclusion orders bar you for one to five years. Deportation orders permanently bar you unless you obtain an Authorization to Return to Canada (ARC).
How long do I have to leave Canada after a removal order?
Departure orders give you 30 days after the order becomes enforceable. Exclusion and deportation orders require immediate departure. If you don’t leave within 30 days on a departure order, it automatically becomes a deportation order with a permanent bar.
Can permanent residents be deported from Canada?
Yes. Permanent residents can be deported for serious criminality, security reasons, human rights violations, or organized crime. However, many PRs have the right to appeal to the Immigration Appeal Division, except when inadmissibility falls under specific grounds in Section 64 of the IRPA.
What happens if I ignore a removal order?
CBSA will issue a Canada-wide warrant for your arrest. You may be detained in an immigration holding centre or correctional facility until removal. Ignoring a removal order also eliminates future legal options and makes it nearly impossible to return to Canada.
Can I work while appealing a removal order?
It depends on your status. If you’re a permanent resident appealing to the IAD, you retain your PR status and work rights until the appeal is decided. Foreign nationals and temporary residents generally cannot work while under a removal order unless they hold valid work authorization.
How much does it cost to appeal a removal order?
Legal fees vary based on case complexity. IAD appeals typically require extensive preparation, document gathering, and hearing representation. Federal Court judicial reviews involve different procedures and costs. Contact us at 416.988.8853 for a consultation to discuss your specific situation and associated costs.
What is an Authorization to Return to Canada (ARC)?
An ARC is written permission allowing someone subject to a deportation or exclusion order to return to Canada before their bar period expires. It’s a discretionary application—IRCC assesses factors like reasons for inadmissibility, rehabilitation, and ties to Canada before approving or denying.