Removal order and stay of removal

A removal order does not always mean you must leave Canada immediately, and receiving one does not end your legal options. Depending on your situation, a removal can be paused — by law, by a request to the Canada Border Services Agency (CBSA), or by a motion at the Federal Court. This page explains how.

The three types of removal order

Canadian law has three removal orders, with very different consequences. A departure order requires you to leave within 30 days (to be verified — IRPA regulations); if you comply and confirm your departure, you can normally return later. If you do not, it becomes a deportation order. An exclusion order bars you from returning for a set period without written permission. A deportation order bars you from returning permanently unless you obtain written permission. Knowing which order you have is the first question.

When a removal order takes effect

A removal order is not always enforceable the day it is made. It may be paused — the legal word is stayed — while certain procedures are ongoing. For example, a pending refugee claim, an appeal to the Refugee Appeal Division (RAD), or, in many cases, a Pre-Removal Risk Assessment (PRRA) can each pause a removal by operation of law. Once those procedures end, the order becomes enforceable and the CBSA can schedule your departure.

Ways to pause a removal

When no automatic stay applies, three tools remain.

A PRRA, when the CBSA offers you one, pauses the removal while it is decided. It assesses the risk you would face if returned. See the PRRA page.

A deferral request asks the CBSA officer directly to postpone the removal for a specific, short-term reason — a medical situation, a child's school year, a pending decision. The officer's discretion is narrow, and the request must be concrete and documented.

A stay motion at the Federal Court is the judicial route. A judge can suspend the removal while a case — usually a judicial review — is being decided. The Court applies a three-part test: a serious issue to be tried, irreparable harm if you are removed, and the balance of convenience. Only a lawyer can bring this motion; consultants cannot appear at the Federal Court.

A humanitarian and compassionate (H&C) application, on its own, does not pause a removal. It can still matter — but it is not a stay.

Your obligations meanwhile

Keep your address current with the CBSA and attend every appointment you are given. Missing a CBSA appointment can lead to an arrest warrant, and it makes every later request harder to argue. Bring someone with you to appointments if it helps, keep copies of everything you sign or receive, and note the name of the officer you deal with. Complying with the process and contesting it legally are not contradictory — they work together, because every request above is argued by a person who has followed the rules.

What I do

I start by establishing the exact legal status of your order: what type, whether it is enforceable, and what is still open. Then I build the right tool for your situation — a deferral request with evidence, a PRRA, a judicial review with a stay motion, or several of these in parallel. I am a lawyer, a member of the Barreau du Québec, and an authorized representative under section 91 of the Immigration and Refugee Protection Act (IRPA). I represent clients anywhere in Canada, because removal files are federal.

If you have a removal order, or a date, the calendar matters. Let's talk about it.