Author: Azadeh Haidari-Garmash, RCIC
Legal work options exist even under removal orders in Canada
On This Page You Will Find:
• Discover 8 specific situations where removal orders don't block work permits • Learn how Miguel and thousands like him can legally work in Canada • Get step-by-step guidance on the S62 work permit application process • Understand which removal order type affects your eligibility • Access the exact requirements for LMIA-exempt work authorization
Summary:
If you're facing a removal order in Canada, you're not automatically barred from working. Despite what many believe, Canadian immigration law provides specific pathways for individuals under removal orders to obtain legal work authorization. This comprehensive guide reveals the 8 qualifying circumstances that allow you to apply for an open work permit (code S62) even while subject to departure, exclusion, or deportation orders. You'll discover real strategies that have helped thousands of people maintain their livelihoods while navigating complex immigration situations.
🔑 Key Takeaways:
- 8 specific circumstances allow work permits despite active removal orders
- S62 work permits are LMIA-exempt and provide open work authorization
- Refugee claimants appealing IRB decisions qualify immediately
- PRRA applicants can work while awaiting assessment outcomes
- Federal Court stays automatically trigger work permit eligibility
Miguel stared at the removal order in his hands, his mind racing with a single question that kept him awake at night: "Can I still work legally in Canada?" Like thousands of others facing similar circumstances, Miguel discovered that removal orders don't automatically end your ability to earn a living in Canada.
The reality is far more nuanced than most people realize. While removal orders create significant challenges, Canadian immigration law recognizes that certain situations require humanitarian flexibility. This creates opportunities for legal work authorization that many people never discover.
If you've received a removal order, you're likely experiencing a mix of fear, confusion, and hope. The good news? You may have more options than you think.
Understanding Canada's Three Types of Removal Orders
Before exploring work permit eligibility, you need to understand exactly which type of removal order affects you. Each carries different consequences and timelines that directly impact your ability to work.
Departure Orders: The Most Lenient Option
Departure orders require immediate departure from Canada, but they're the least restrictive long-term. If you leave voluntarily and report your departure properly, you won't face a return ban. However, you'll still need appropriate visas for future visits.
Think of departure orders as Canada's way of saying, "You need to leave now, but we're not closing the door forever." This distinction becomes crucial when planning your next steps.
Exclusion Orders: The Middle Ground
Exclusion orders come with a one to five-year ban from returning to Canada. The silver lining? You can potentially return sooner by obtaining an Authorization to Return to Canada (ARC) from an immigration officer.
The key here is addressing whatever issue led to the exclusion order in the first place. Officers want to see that you've resolved the underlying problem before considering your return.
Deportation Orders: The Harshest Consequence
Deportation orders create an indefinite ban from Canada. While this sounds permanent, it's not necessarily hopeless. Like exclusion orders, you can potentially return with an ARC, but you'll need to demonstrate compelling reasons and complete resolution of the issues that led to deportation.
The critical factor across all removal orders is enforceability. Sometimes circumstances prevent immediate enforcement, creating windows of opportunity for work authorization.
When Removal Orders Become Unenforceable
Here's where things get interesting for people like Miguel. Not all removal orders can be immediately enforced, and during these periods, work permits become possible.
Document Delays Create Opportunities
The Canada Border Services Agency (CBSA) sometimes cannot remove individuals due to travel document issues. Your home country might be slow to issue replacement documents, or diplomatic relations might complicate the process. During these delays, your removal order remains "in force but unenforceable."
This technical distinction opens the door to work permit applications. You're not hiding from authorities – you're in a recognized legal limbo that Canadian law addresses through work authorization.
Court Proceedings Pause Enforcement
When you file for judicial review or other court proceedings, enforcement often stops pending the outcome. These stays can last months or even years, during which work permits become available.
The courts recognize that people need to survive while their cases proceed. Denying work authorization during lengthy legal processes would create humanitarian hardships that serve no one's interests.
The 8 Qualifying Circumstances for Work Permits
Canadian immigration law specifically identifies eight situations where individuals subject to removal orders can obtain work permits. These aren't loopholes – they're deliberate policy decisions recognizing complex human realities.
1. Refugee Claimants Appealing IRB Decisions
If you're appealing a negative refugee determination to the Federal Court, you can apply for a work permit under section A49(2)(c). This recognizes that appeals can take 12-18 months, during which you need to support yourself and your family.
The application process is straightforward, but timing matters. You typically need to apply within 15 days of filing your Federal Court application to avoid gaps in work authorization.
2. Pre-Removal Risk Assessment (PRRA) Applicants
While awaiting PRRA outcomes under regulation R232, you're eligible for work permits. PRRA assessments often take 18-24 months, making work authorization essential for survival.
PRRA applications demonstrate that conditions in your home country may have changed since your original refugee claim. During this assessment period, Canada recognizes your need for legal income.
3. Successful H&C First Stage Applicants
If you've passed the first stage of a Humanitarian and Compassionate application under regulation R233, work permits become available. This stage typically involves demonstrating establishment in Canada, hardship upon removal, or other compelling factors.
The first stage approval signals that your case has merit, justifying work authorization while the full assessment continues. This process can extend 2-3 years, making work permits crucial for maintaining stability.
4. Federal Court Stay Recipients
When the Federal Court grants a stay under section A50, you automatically become eligible for work permits. Stays indicate that your case raises serious questions requiring thorough judicial review.
Courts don't grant stays lightly. They must find that your case has arguable merit and that you'd suffer irreparable harm if removed before the review concludes.
5. Individuals from Countries with Ministerial Moratoriums
Under regulation R230, the Minister can impose temporary removal stays for entire countries experiencing crisis. Recent examples include Afghanistan, Myanmar, and parts of Ukraine.
These moratoriums recognize that returning people to dangerous situations violates Canada's humanitarian principles. Work permits ensure affected individuals can support themselves during these temporary protections.
6. Post-Incarceration Individuals
Foreign nationals completing prison terms, including parole periods, qualify for work permits under section A50(b). This recognizes that successful reintegration requires employment opportunities.
Canada's correctional system emphasizes rehabilitation over pure punishment. Denying work authorization to people completing their sentences would undermine these rehabilitation goals.
7. Judicial Review Applicants Under Specific Conditions
Certain judicial review applications trigger automatic work permit eligibility through regulation R231 or the Toth Test. These typically involve procedural fairness violations or other serious legal errors.
The Toth Test specifically addresses cases where removal would cause unusual and undeserved hardship. Meeting this test demonstrates exceptional circumstances warranting work authorization.
8. Travel Document Delays
When the CBSA cannot obtain necessary travel documents for removal, the order becomes unenforceable. During these periods, which can last 6-12 months or longer, work permits become available.
This isn't your fault – it's a systemic issue. Countries sometimes refuse to issue travel documents for their citizens, or bureaucratic delays create extended waiting periods.
How S62 Work Permits Actually Work
S62 work permits are both LMIA-exempt and open, meaning you don't need a job offer and can work for any employer in Canada. This flexibility is crucial when your immigration status is uncertain.
The LMIA Exemption Advantage
Labour Market Impact Assessment (LMIA) requirements typically force employers to prove they couldn't find Canadian workers. This process takes months and costs $1,000, making many employers reluctant to hire foreign workers.
S62 permits eliminate this barrier entirely. You can start working immediately upon permit approval, without burdening employers with additional paperwork or fees.
Open Work Permit Benefits
Unlike employer-specific permits, open work permits let you change jobs freely. This flexibility is essential when your long-term status remains uncertain. You're not trapped with a single employer who might exploit your vulnerable position.
You can work full-time, part-time, or multiple jobs simultaneously. The permit doesn't restrict your location, industry, or specific role (except for jobs requiring security clearances).
Processing Times and Expectations
S62 work permits typically process within 2-4 months, though times vary based on your location and current IRCC workloads. Online applications generally process faster than paper submissions.
During processing, maintain detailed records of your application. If your current status expires before the permit arrives, you may have implied status allowing you to remain in Canada.
Application Strategy and Documentation
Success with S62 applications depends heavily on documentation proving your qualifying circumstances. Generic applications often face delays or refusals due to insufficient evidence.
Proving Your Qualifying Status
Each qualifying circumstance requires specific documentation. Federal Court appellants need court file numbers and filing confirmations. PRRA applicants need acknowledgment letters from IRCC showing their applications are in process.
H&C applicants must demonstrate first-stage approval, which isn't always clearly communicated. Sometimes you need to request specific confirmation from IRCC that your application has passed initial screening.
Supporting Your Application
Beyond proving eligibility, strengthen your application with evidence of Canadian establishment. Employment letters, rental agreements, children's school enrollment, and community involvement all demonstrate your integration.
Financial documentation showing your ability to support yourself also helps. Bank statements, employment records, and family support letters paint a picture of stability rather than desperation.
Common Application Mistakes
Many applicants fail by not clearly identifying their qualifying category. IRCC officers process thousands of applications monthly – make their job easy by explicitly stating which regulation applies to your situation.
Another frequent mistake involves timing. Some qualifying circumstances have specific application windows or renewal requirements. Missing these deadlines can leave you without work authorization for months.
What This Means for Your Future
Obtaining an S62 work permit doesn't resolve your underlying immigration issues, but it provides crucial stability while you address them. This breathing room often makes the difference between successful resolution and forced departure.
Building Your Case While Working
Legal work authorization allows you to strengthen your immigration case over time. You can demonstrate tax compliance, community involvement, and economic contribution – all factors that immigration officers and courts consider favorably.
Employment also provides resources for legal representation. Immigration cases often require significant legal fees, and work permits make these investments possible.
Family Considerations
If you have Canadian citizen or permanent resident family members, work permits help maintain family unity while pursuing long-term solutions. Courts and immigration officers recognize family separation as a significant humanitarian factor.
Children's education, spouse employment, and extended family relationships all benefit from your continued legal presence. These connections often form the foundation of successful H&C applications or other immigration pathways.
Long-term Planning
Use your work permit period strategically. Address the issues that led to your removal order, whether that's criminal rehabilitation, document replacement, or changed country conditions. Work permits buy you time, but you must use that time effectively.
Consider consulting with experienced immigration practitioners who understand the interplay between removal orders and various immigration programs. Some situations that seem hopeless actually have viable solutions.
The path forward isn't always clear when you're facing a removal order, but work authorization provides stability while you navigate complex immigration challenges. Miguel's story, like thousands of others, demonstrates that removal orders don't necessarily mean the end of your Canadian journey – they might just be a difficult chapter in a longer story.
Remember, immigration law changes frequently, and individual circumstances vary significantly. What works for one person might not apply to another, even in seemingly similar situations. Professional guidance becomes invaluable when stakes are this high and options this complex.
Your removal order might feel like a dead end, but for many people, it's actually a detour toward eventual resolution. The key is understanding your options, acting strategically, and maintaining hope while working through the system designed to address exactly these complex human situations.
FAQ
Q: Can I really get a work permit if I have an active removal order against me?
Yes, you absolutely can obtain a work permit despite having an active removal order, but only under specific qualifying circumstances. Canadian immigration law recognizes eight distinct situations where individuals subject to departure, exclusion, or deportation orders remain eligible for S62 work permits. These include situations like appealing a negative refugee decision to Federal Court, waiting for a Pre-Removal Risk Assessment (PRRA) outcome, or when your removal order becomes unenforceable due to travel document delays. The key is that your situation must fall under one of these recognized categories - it's not automatic for everyone with a removal order. Over 12,000 people successfully obtained work permits under these provisions in 2023 alone, proving this isn't just theoretical but a practical reality for thousands of individuals navigating complex immigration situations.
Q: What exactly is an S62 work permit and how is it different from regular work permits?
An S62 work permit is a special category of open work permit specifically designed for individuals in precarious immigration situations, including those with removal orders. Unlike regular work permits, S62 permits are both LMIA-exempt and completely open, meaning you don't need a job offer from a specific employer and your employer doesn't need to complete the expensive, time-consuming Labour Market Impact Assessment process. This gives you tremendous flexibility - you can work for any employer, change jobs freely, work multiple positions simultaneously, and aren't restricted by location or industry (except jobs requiring security clearances). The permit typically processes within 2-4 months and costs significantly less than employer-specific permits since there are no LMIA fees involved. This flexibility is crucial when your long-term immigration status remains uncertain, as you're not dependent on a single employer who might exploit your vulnerable position.
Q: I'm appealing my refugee claim to Federal Court - when can I apply for a work permit and what documents do I need?
If you're appealing a negative Immigration and Refugee Board decision to Federal Court, you can apply for an S62 work permit under section A49(2)(c) of the Immigration and Refugee Protection Act. Timing is critical - you should apply within 15 days of filing your Federal Court application to avoid gaps in work authorization. You'll need your Federal Court file number, confirmation that you've filed the judicial review application, and evidence that your appeal is still pending. Include the original IRB decision, your Notice of Application to Federal Court, and any court correspondence confirming your case status. Federal Court appeals typically take 12-18 months to resolve, making work authorization essential during this period. The application fee is $255, and processing usually takes 8-12 weeks. Remember to apply for renewal if your court case extends beyond your permit's expiry date, as these legal proceedings can sometimes stretch longer than initially expected.
Q: My removal order says I have to leave immediately, but my country won't issue me travel documents - can this help me get a work permit?
Absolutely - this is one of the most common qualifying circumstances for S62 work permits. When the Canada Border Services Agency (CBSA) cannot obtain necessary travel documents for your removal, your order becomes "in force but unenforceable." This isn't your fault and creates a recognized legal situation where work permits become available. You'll need documentation from CBSA showing they've requested travel documents from your home country's consulate and that delays are preventing your removal. This might include correspondence between CBSA and the consulate, or official letters stating document processing timelines. These delays often last 6-12 months or longer, particularly for countries with strained diplomatic relations with Canada or overwhelmed consular services. During this period, Canada recognizes you need legal income since you're required to remain in the country through no fault of your own. Document everything and maintain regular contact with CBSA to show you're cooperating with the removal process.
Q: I received first-stage approval for my Humanitarian and Compassionate application - how do I prove this for a work permit application?
First-stage H&C approval under regulation R233 qualifies you for an S62 work permit, but proving this status can be tricky since IRCC doesn't always clearly communicate when you've passed the initial screening. Look for correspondence indicating your application has moved beyond preliminary review and is being assessed on its merits. This might include requests for updated documents, medical exams, or police certificates - these typically indicate first-stage approval. You can also contact IRCC directly to request written confirmation of your application's status. Include your H&C application acknowledgment letter, any subsequent IRCC correspondence, and evidence of establishment in Canada that supports your H&C case. First-stage approval suggests your case has sufficient merit to warrant full consideration, which can take 2-3 years to complete. During this extended period, work authorization becomes essential for maintaining the very establishment and integration that strengthens your H&C application - creating a positive reinforcement cycle.
Q: What happens if my S62 work permit expires before my immigration case is resolved?
S62 work permits are renewable as long as you continue to meet the qualifying circumstances that made you eligible initially. Start your renewal application at least 4 months before expiry to avoid gaps in authorization. If your permit expires while a renewal is processing, you may have "implied status" allowing you to continue working under the same conditions as your previous permit. However, this only applies if you submitted your renewal before the original permit expired. Include updated documentation proving your qualifying status continues - for example, if you're waiting for a PRRA decision, include recent correspondence showing your case remains active. Court cases often extend longer than initially expected, so multiple renewals aren't uncommon. Keep detailed records of all your applications and maintain regular contact with relevant authorities (courts, IRCC, CBSA) to demonstrate ongoing compliance. If your underlying immigration case resolves favorably, you can transition to appropriate status; if resolved unfavorably, you'll need to address the removal order through available legal remedies.
Q: Can my family members also get work permits if I qualify for an S62 permit due to my removal order?
Family member eligibility depends on their own individual circumstances and relationship to you. If your spouse or common-law partner has their own qualifying circumstances (such as being included in your refugee claim appeal or PRRA application), they can apply for their own S62 work permit. However, if they don't independently qualify under the eight recognized categories, they cannot obtain work permits simply because you have one. Dependent children under 18 generally don't need work permits, but those 18+ would need their own qualifying circumstances. In some cases, if your family members have different immigration status (like valid visitor records or their own pending applications), they might qualify for work permits under different categories. The key is that each person's eligibility is assessed individually based on their specific situation and legal status in Canada. This is why comprehensive legal advice becomes crucial for families - immigration practitioners can identify all potential pathways for each family member and coordinate applications to maintain family unity while addressing everyone's work authorization needs.
