Receiving a removal order from Canadian immigration authorities can be overwhelming and frightening. Canada issues three distinct types of removal orders—departure orders, exclusion orders, and deportation orders—each carrying different consequences and legal implications.
Acting quickly is essential, as strict deadlines apply to challenging these orders.
If you’re facing removal from Canada, contact our experienced immigration lawyer to help you understand your options and mount an effective legal response.
What Is a Removal Order in Canada?
A removal order is an official directive issued by the Canada Border Services Agency (CBSA) or the Immigration and Refugee Board (IRB) requiring a foreign national to leave Canada.
Orders are issued when someone is found inadmissible or has violated immigration laws, including overstaying permits, failing refugee claims, misrepresenting information, or serious criminal convictions.
Once enforceable, you must leave voluntarily within the specified timeframe or face deportation. The type of order determines how long you’re barred from returning and what steps are required to regain entry.
If you need guidance on how to stop a removal order in Canada, seeking legal advice immediately can make a significant difference.
Types of Removal Orders in Canada
Departure Order
A departure order is the least severe removal order in Canada, typically issued for minor violations like working without authorization or overstaying a visitor visa. You have 30 days from the date it becomes enforceable to leave Canada at your own expense.
If you comply and leave within 30 days, confirming your departure with CBSA at an official port of exit, you won’t need an Authorization to Return to Canada (ARC) in the future. However, failing to leave within 30 days automatically converts your departure order to a deportation order—carrying an indefinite ban—without any additional hearing or notice.
Exclusion Order
An exclusion order is issued for more serious violations, most commonly misrepresentation on applications, unauthorized work or study, or non-compliance with entry conditions. It bars you from returning for one year from your departure date, or five years for misrepresentation cases.
To return before the exclusion period expires, you must apply for and receive an Authorization to Return to Canada (ARC) from IRCC. The application requires demonstrating compelling reasons for return and showing you’ve addressed the issues that led to your exclusion order.
Even after the period ends, having an exclusion order on record can complicate future applications, as officers will scrutinize them more carefully.
Deportation Order
A deportation order is the most serious removal order, reserved for severe violations including serious criminality, security threats, human rights violations, organized crime involvement, or repeated non-compliance. Once issued, you are permanently banned from returning to Canada unless you successfully apply for an Authorization to Return to Canada (ARC).
The ARC application involves rigorous assessment of factors including reasons for deportation, time since removal, ties to Canada, and whether you pose any risk to Canadian society. If you’re facing a deportation order, you may have limited time to file an appeal to the Immigration Appeal Division or seek Federal Court judicial review.
Don’t face removal from Canada alone—contact our trusted deportation lawyer in Canada today.
Who Issues Removal Orders and Why?
Removal orders in Canada are issued by three authorities depending on your case circumstances:
- Canada Border Services Agency (CBSA): Issues orders during enforcement actions, at ports of entry when someone is deemed inadmissible, or following immigration arrests and detention hearings.
- Immigration and Refugee Board (IRB): Issues orders through its Immigration Division during admissibility hearings, or through the Refugee Protection Division when refugee claims are rejected.
- Immigration, Refugees and Citizenship Canada (IRCC): May issue orders when application processing reveals inadmissibility grounds.
Common reasons include misrepresentation or fraud, criminal convictions (particularly serious criminality), security concerns, human rights violations, organized crime involvement, health grounds posing danger to public safety, financial inadmissibility, and non-compliance with conditions like unauthorized work or overstaying.
Can You Stop a Removal Order in Canada?
Yes, depending on your circumstances and order type, several legal remedies may be available. However, strict deadlines make immediate action essential.
The Immigration Appeal Division (IAD) hears appeals from permanent residents or sponsored family members with removal orders (except those based on security, human rights violations, or serious criminality). You typically have 30 days to file after receiving your order.
Federal Court judicial review is available when the decision was legally incorrect, unreasonable, or violated your procedural rights. Applications must generally be filed within 15 days.
A Pre-Removal Risk Assessment (PRRA) allows you to present evidence of persecution, torture, risk to life, or cruel treatment if returned to your home country. This option is primarily available to failed refugee claimants.
Humanitarian and Compassionate (H&C) applications ask IRCC to grant permanent residence based on establishment in Canada, best interests of affected children, or hardship upon return.
To understand which remedy applies and ensure you meet all deadlines, contact an experienced immigration lawyer who can assess your case and develop a strategic response.
What Happens If You Don’t Comply with a Removal Order?
Failing to comply with a removal order carries serious consequences that can permanently affect your ability to return to Canada.
If you received a departure order and failed to leave within 30 days, it automatically converts to a deportation order without any hearing—changing your status from temporary restriction to indefinite ban.
CBSA will actively seek to locate and remove you, potentially involving detention while arrangements are made. You’ll be permanently inadmissible to Canada until you successfully obtain an Authorization to Return.
Remaining in Canada without status means you cannot work legally, access most government services, or apply for permanent residence through most programs. A deportation order on your record makes future applications to Canada extremely difficult, and other countries may view your violation history unfavourably when you apply for their visas or permits.
What Is an Authorization to Return to Canada (ARC)?
An Authorization to Return to Canada (ARC) allows someone removed under a deportation or exclusion order to return before the inadmissibility period expires or, for deportation orders, at any time after removal.
If you’ve been removed under an exclusion order and want to return before the one or five-year ban expires, you must apply for an ARC. Similarly, if you’ve been deported and want to return at any point, an ARC is mandatory.
The application requires explaining why you want to return, demonstrating you’ve addressed the issues that led to removal, showing you’ll comply with immigration laws, and proving you don’t pose a risk to Canadian society. IRCC officers have significant discretion and consider the severity of your original violation, time since removal, ties to Canada, immigration history, and any criminal or security concerns.
One important distinction: if you received a departure order and complied by leaving within 30 days and confirming departure with CBSA, you don’t need an ARC to return. This is a key advantage of compliance rather than allowing conversion to a deportation order.
Removal Orders and Refugee Claimants
Refugee claimants with rejected claims from the Refugee Protection Division (RPD) often face removal orders. However, several protection mechanisms exist before removal becomes enforceable.
After a negative RPD decision, claimants may appeal to the Refugee Appeal Division (RAD) if eligible. Those from designated safe countries or whose claims were deemed manifestly unfounded typically cannot appeal.
If the RAD appeal is unsuccessful or unavailable, claimants may apply for a Pre-Removal Risk Assessment (PRRA), presenting new evidence about risks in their home country that wasn’t available during the refugee hearing.
Failed claimants may also apply on Humanitarian and Compassionate (H&C) grounds, particularly with significant Canadian ties, affected children, or unusual hardship beyond typical relocation difficulties.
Throughout this process, claimants have the right to legal representation. Many work with experienced immigration lawyers who assess all available options, file stay applications to pause removal while pursuing legal remedies, and represent them in hearings or court proceedings.
Legal Help for Canadian Removal Orders
Facing a removal order is one of the most serious situations in Canadian immigration law. The consequences—temporary or permanent separation from family, loss of employment and established life in Canada, or return to a country where you may face hardship—make professional legal representation essential.
An experienced immigration lawyer can identify which legal remedies apply to your case, file appeals or applications within strict deadlines, and represent you at Immigration Appeal Division hearings, Federal Court proceedings, or CBSA interviews.
Beyond immediate proceedings, a skilled lawyer can help you apply for an Authorization to Return after removal, advise on how the order affects future immigration options, and develop strategies to address the underlying inadmissibility issues.
The immigration lawyers at Kingwell Immigration Law have extensive experience representing clients facing all types of removal orders. Our team understands the urgency of these matters and works diligently to protect clients’ rights and explore every available option to keep families together and help people maintain their lives in Canada.
If you’re facing a removal order, call us at 416.988.8853 to discuss your case and learn how we can help.
FAQs About Removal Orders in Canada
What are the three types of removal orders in Canada?
Canada issues departure orders for minor immigration violations (must leave within 30 days), exclusion orders for more serious violations like misrepresentation (bars entry for 1 year, or 5 years for misrepresentation), and deportation orders for the most severe cases like serious criminality (permanent ban unless Authorization to Return is granted).
What happens if I don’t follow a removal order?
Non-compliance with a removal order has serious consequences. A departure order automatically converts to a deportation order if you don’t leave within 30 days, resulting in a permanent ban on returning to Canada. CBSA may also detain you and arrange for your involuntary removal from Canada.
Can I return to Canada after a removal order?
Yes, but the requirements depend on the type of order. If you complied with a departure order by leaving within 30 days, you can return without restriction. For exclusion orders, you can return after the ban period expires (1 year, or 5 years for misrepresentation) or earlier with an Authorization to Return to Canada. For deportation orders, you must obtain an Authorization to Return to Canada before you can ever return.
Can a removal order be appealed or stopped?
Yes. Depending on your circumstances, you may appeal to the Immigration Appeal Division, seek judicial review at Federal Court, apply for a Pre-Removal Risk Assessment, or submit a Humanitarian and Compassionate application. Strict deadlines apply to these remedies, typically ranging from 15 to 30 days after receiving your removal order.
Who can help with a removal order?
An experienced deportation lawyer in Canada can guide you through appeals, stay applications, and Authorization to Return processes. Legal representation significantly improves your chances of successfully challenging a removal order or obtaining permission to return to Canada after removal.