Got a Removal Order in Canada? What to Do Now (RCIC)

If you have just been handed a removal order in Canada, the most important thing to understand is that it is not automatically the end of the road. According to the Canada Border Services Agency (CBSA), a removal order is issued to a foreign national who is inadmissible to Canada and required to leave, and the type of order you receive determines both your timeline and whether you can come back later. What you do in the next few days, not months, decides which of those outcomes you get.

What Is a Removal Order in Canada?

A removal order is a legal document requiring a foreign national to leave Canada because they have been found inadmissible under the Immigration and Refugee Protection Act. As the CBSA states on its official removals page, "the CBSA is legally obligated to remove any foreign national with an enforceable removal order as quickly as possible." An order is not automatically enforceable the moment it is issued: it typically only becomes enforceable once you have exhausted, or missed, whatever appeal or review rights apply to your case.

What Are the 3 Types of Removal Orders?

There are three types of removal orders in Canada, and according to the CBSA each one "is accompanied by increasingly strict requirements for re-entry to Canada."

A departure order is the least severe. The CBSA explains that it "means an individual must leave Canada within 30 days after the order becomes enforceable," and that following the correct exit procedure and confirming departure with the CBSA preserves the right to apply to return in future, provided entry requirements are met. Miss that 30-day window without confirming your departure, and the departure order automatically converts into a deportation order.

An exclusion order means you must leave immediately and confirm your departure with the CBSA. It carries a one-year bar on returning to Canada, extended to five years if the order was issued for misrepresentation. Returning earlier requires an Authorization to Return to Canada (ARC).

A deportation order is the most serious. It requires immediate departure, and the CBSA is explicit that a person with a deportation order is permanently barred from returning to Canada unless they apply for and obtain an ARC first. Returning without one can trigger a further deportation order.

What Happens If I Don't Leave Within 30 Days?

If you have a departure order and do not confirm your exit with the CBSA within 30 days of it becoming enforceable, it automatically becomes a deportation order, the most severe of the three, with a permanent bar on returning to Canada. The CBSA also notes that anyone who fails to appear for a scheduled removal interview or removal date can have a Canada-wide warrant issued for their arrest, and once arrested, they may be detained in a holding facility until removal is carried out. Confirming departure properly, even if leaving is unavoidable, is what protects your ability to come back later.

Can I Appeal or Stop a Removal Order?

Anyone ordered removed from Canada is entitled to due process, and the CBSA confirms that "all removal orders are subject to various levels of appeals." Depending on your case, you may be able to appeal the decision to issue the removal order to the Immigration and Refugee Board. If you are not eligible for that appeal, your route is an application for leave and judicial review at the Federal Court of Canada. According to the Federal Court of Canada's own procedural chart for immigration matters, under Section 72 of the Immigration and Refugee Protection Act that application must be filed within 15 days if you are in Canada, or 60 days if you are outside Canada, from the date you were notified of the decision. Filing for judicial review does not automatically pause your removal in every case, a separate motion to stay the removal is often required, so this is not a step to leave until the last minute. Some individuals may also be eligible for a pre-removal risk assessment (PRRA) before removal, which the CBSA describes as assessing risk of persecution, torture, risk to life, or risk of cruel and unusual treatment or punishment if returned. If your case involves circumstances that don't fit a straightforward appeal, it is worth understanding your appeal and judicial review options after an IRCC or CBSA decision, and in some situations a humanitarian and compassionate application to stay in Canada out of status may be a parallel option worth exploring with a licensed representative.

Does Having a Canadian-Born Child Change Anything?

Having a Canadian-born child does not prevent the removal of a foreign national parent. The CBSA states plainly that it "always considers the best interest of the child before removing someone," and that if parents choose to bring their children with them, the agency will help coordinate the children's travel so the family stays together. This is a factor that can be raised in some legal avenues, such as an H&C application, but it is not on its own a shield against an enforceable removal order.

What Should I Do Right Now If I Have a Removal Order?

Read the order carefully to identify which of the three types you have and the exact deadline it sets. Do not miss a removal interview or a scheduled removal date. Confirm departure with the CBSA if you are leaving, since this is what preserves your ability to return later. If you believe you have grounds to appeal, seek judicial review, or apply for a PRRA or H&C consideration, act immediately, since several of these routes have strict, short filing deadlines that do not pause for you to decide. Alisa Osipovich, RCIC-IRB R1055424, reviews the order, identifies which legal avenues are actually open in your specific case, and helps you build a response before the clock runs out.