What to Do After Getting a Removal Order in Canada
- Ahsan Chaudhry
- 6 days ago
- 5 min read
Understanding the Seriousness of a Removal Order
Receiving a removal order from the Canadian government is a serious matter that can have life-altering consequences. Whether you are facing deportation due to an expired visa, failed refugee claim, criminal inadmissibility, or a misrepresentation, it is essential to act quickly and understand your legal rights.
At Brace Law, we understand how overwhelming this situation can be. With offices in Oakville, Vaughan, and the Hamilton region, our experienced immigration lawyers are ready to help you navigate your options and fight for your right to remain in Canada.
What Is a Removal Order in Canada?
A removal order is a formal direction issued by Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC), requiring a foreign national or permanent resident to leave the country.
There are 3 main types of removal orders in Canada:
1. Departure Order (IMM 5238)
This is the least severe. If you leave Canada within 30 days of receiving the order and confirm your departure with CBSA, the process ends cleanly and you may return in the future. But if you do not comply within the 30-day window, this becomes a deportation order.
2. Exclusion Order (IMM 1214B)
This bars you from re-entering Canada for a set period (usually 1 year, but up to 5 years if misrepresentation is involved). In some cases, you may need an Authorization to Return to Canada (ARC) to come back legally.
3. Deportation Order (IMM 5238B)
This is the most serious and permanent. You are banned from re-entering Canada indefinitely unless you obtain an ARC. Deportation is often issued for serious immigration violations or criminal inadmissibility.
No matter the type of order, ignoring it can make things worse — including being forcibly removed and barred from returning.
Why Was I Issued a Removal Order?
Understanding the cause of your removal order is essential because it affects your rights to appeal, and what legal remedies may be available. Common reasons include:
Visa overstays or expired permits
Criminal convictions, even for minor offences
Refused refugee claims
Misrepresentation, such as providing false information on immigration forms
Failure to meet permanent resident obligations, such as living in Canada for the required 730 days in a five-year period
At Brace Law, we begin each case by doing a deep legal review to identify the grounds for your removal and how best to respond.
Your Rights and Options After Receiving a Removal Order
The moment you receive a removal order, the clock starts ticking. Time is your biggest enemy, so it’s important to act fast and know what options are available.
1. Appeal to the Immigration Appeal Division (IAD)
If you’re a permanent resident, a refugee, or a sponsored family member, you may be able to appeal your removal order to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board.
You can argue your case based on:
Humanitarian and compassionate grounds
Strong establishment in Canada
Family hardship or best interests of children
Rehabilitation or remorse for past actions
Time Limit:
You must file your appeal within 30 days of receiving the removal order.
Brace Law has represented clients at the IAD with complex cases involving criminal history, long-term residence, and family hardship. We know how to frame your case in a way that resonates with the board.
2. Judicial Review at the Federal Court
If you don’t have the right to appeal to the IAD (such as in cases involving serious criminality), you may still be able to request a judicial review at the Federal Court of Canada. This is not a rehearing of your case but a legal review to determine whether the decision to remove you was unreasonable or procedurally unfair.
Time Limit:
You must apply within 15 days if inside Canada or 60 days if outside Canada.
Our lawyers at Brace Law have the experience to assess whether your case meets the legal threshold for a judicial review and can manage tight filing deadlines and court procedures.
3. Apply for a Stay of Removal
If your removal is imminent but you have a pending appeal or court application, you can file a stay of removal. This is a legal request to pause your deportation until your legal matter is decided.
To be granted a stay, you must demonstrate:
A serious legal issue exists
You will suffer irreparable harm if removed
The balance of convenience favours a pause in removal
Brace Law is skilled in preparing urgent stay motions, especially when time is short or when removal is scheduled within days.
Humanitarian and Compassionate (H&C) Applications: A Last Resort
If you’ve exhausted your appeal options or never had any to begin with, an H&C application may be your last hope. This is used in exceptional cases, where removal would cause extreme hardship due to:
Ongoing medical treatment in Canada
Canadian-born children or dependents
Strong community ties or establishment
Unsafe conditions in your home country
Though hard to win, H&C applications can be powerful when presented with solid documentation and legal support. Our lawyers help craft emotionally and legally compelling submissions tailored to each person’s life story.
Don’t Go Through This Alone
Immigration law is complex and time-sensitive. One small mistake or delay can close doors that might have remained open. And unfortunately, many people attempt to handle their removal case alone, only to find out later that a lawyer could have helped stop the process or built a stronger appeal.
At Brace Law, we treat every removal order as urgent. We take the time to:
Analyze your immigration history and legal status
Explain all options clearly
Strategize the best course of action
Represent you at tribunals or court with professionalism and determination
We believe in second chances. If you’re facing removal from Canada, let us help you fight for yours.
Your Next Step Matters
Receiving a removal order in Canada is stressful, but it’s not always final. Many individuals have successfully challenged removal orders, delayed deportation, or even secured permanent residency with the right legal guidance.
The key is taking immediate action and working with a legal team that understands the urgency and complexity of your case.
Brace Law has helped people across Ontario protect their right to stay in Canada. With offices in Oakville, Vaughan, and Hamilton, our team is ready to act fast on your behalf.
Need Urgent Help?
If you or someone you know has received a removal order, call Brace Law right away or fill out our confidential online form. We offer fast consultations and immediate support for time-sensitive immigration issues.
Your future in Canada is worth fighting for, let’s take the next step together.
📍 Our Oakville Law Office (Main Office): 2939 Portland Dr Unit 202, Oakville, ON L6H 5S4
📍 Our Vaughan Law Office: 3883 Highway 7 Road, Unit 220, Vaughan, ON L4L 6B9
📧 Email: staff@bracelaw.ca
Visit www.bracelaw.ca or call us today to book your consultation.
Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Legal policies and regulations change frequently, and every case is unique. For personalized legal guidance tailored to your situation, please consult with a qualified lawyer.
