Removal Orders in Canada
What They Mean and What You Can Do
A removal order is a legal document issued by CBSA or IRCC requiring a person to leave Canada. Not all removal orders are equal — Canada issues three distinct types, each with different consequences for future re-entry. Understanding which order you have received, and what rights you retain, is the first step to responding effectively.
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The Three Types of Removal Orders
- Departure order: The least severe. You must leave Canada within 30 days and confirm your departure with CBSA — doing so avoids any bar on future return.
- Exclusion order: Bars you from returning to Canada for 1 year (5 years if the order was based on misrepresentation) without first obtaining an Authorization to Return to Canada (ARC).
- Deportation order: The most severe. It permanently bars you from returning to Canada unless you obtain an ARC or the order is overturned — there is no time limit after which it expires on its own.
What Triggers a Removal Order?
Common grounds include overstaying a visa or permit, working or studying without authorization, criminal convictions in Canada or abroad, misrepresentation on a prior application, and failing to meet the conditions of your status. The specific ground determines which type of removal order is issued.
Can a Removal Order Be Appealed or Stayed?
Permanent residents and protected persons generally have a right of appeal to the Immigration Appeal Division. Foreign nationals generally do not have an IAD appeal right for a removal order, though in limited circumstances a Federal Court judicial review or a Pre-Removal Risk Assessment (PRRA) may delay or prevent removal. A removal order can sometimes be stayed pending an appeal or humanitarian and compassionate application.
ARC Requirements
Life After a Removal Order
Depending on the type of order you received, you may need an Authorization to Return to Canada (ARC) before you can legally come back — even for a visit. URK Immigration assesses your specific order and advises on the ARC requirement and timeline for your situation.
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Removal Orders
Departure orders (least severe, 30-day self-departure), exclusion orders (1 or 5-year bar), and deportation orders (permanent bar requiring an ARC to ever return). The type issued depends on the grounds for removal.
Serious criminality — generally offences punishable by a maximum sentence of 10 years or more, or where an actual sentence of more than 6 months was imposed — can lead to a removal order for both permanent residents and foreign nationals, in addition to other inadmissibility grounds.
Marriage alone does not stop a removal order, but it can factor into a humanitarian and compassionate application or, in some sponsorship contexts, a spousal sponsorship combined with a stay of removal request. Each situation depends heavily on the specific removal grounds and immigration history.
Permanent residents and protected persons generally have a right of appeal to the Immigration Appeal Division. Foreign nationals generally do not have that right, though judicial review at Federal Court or a Pre-Removal Risk Assessment may be available in limited circumstances.
Options depend on your status and the grounds for removal, and can include an IAD appeal, a Federal Court stay application, a Pre-Removal Risk Assessment, or a humanitarian and compassionate application. Acting quickly is critical, as most avenues carry strict deadlines.