Published
Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.
Updated November 12, 2026: IRPA ss. 44, 49 and 63, IRPR ss. 223–228 and 240, and IRCC’s authorization to return pages checked that day.
Three orders: departure, exclusion and deportation. Which one you have decides whether and when you can come back.
The trap: a departure order turns into a deportation order if you don’t leave and confirm your departure within 30 days.
Why a lawyer: some orders can be appealed or reviewed, and the deadlines are short. Why a lawyer
Our immigration lawyers
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
A removal order is the legal document that requires you to leave Canada. There are three kinds, and they are not equally serious. A departure order lets you leave on your own and come back later without special permission if you do it properly. An exclusion order keeps you out for one year, or five for misrepresentation. A deportation order is permanent unless you get an authorization to return. Knowing which one you have, when it comes into force, and whether it can be challenged is the first step in deciding what to do.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, challenges removal orders and advises on returning to Canada after removal; this guide is by Sundeep S. Grewal.
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The three removal orders
| Order | What it requires | Returning to Canada |
|---|---|---|
| Departure order | Leave within 30 days of it becoming enforceable and confirm your departure with CBSA | No authorization to return needed if you comply; otherwise it becomes a deportation order |
| Exclusion order | Leave Canada | Authorization to return needed for 1 year after removal, or 5 years if for misrepresentation |
| Deportation order | Leave Canada | Authorization to return needed at any time in the future |
A “direction to leave Canada” is not a removal order, according to IRCC.
Who makes the order
An officer writes a report that you are inadmissible (IRPA s. 44(1)). In some cases a Minister’s delegate makes the removal order directly; in others the report goes to the Immigration Division for a hearing. See a section 44 letter for permanent residents and a section 44 report on a work or study permit for what the report means.
When it comes into force
- If there is no right to appeal, on the day it is made; if there is a right to appeal, after the appeal period or the appeal (IRPA s. 49(1)).
- For refugee claimants, the order made when you claim is conditional. Most claimants are given a departure order (IRPR s. 228(3)). It comes into force, for example, 7 days after a claim is found ineligible under Bill C-12, or 15 days after the Refugee Appeal Division rejects a claim (IRPA s. 49(2)). See Bill C-12 explained.
You will be given a PRRA: you absolutely need a lawyer for it
If your claim is found ineligible under Bill C-12, in most cases CBSA will notify you that you can apply for a pre-removal risk assessment (PRRA). For you, the PRRA takes the place of a refugee hearing: it is the one time an officer will look at the risk you face if you are sent back.
- The deadlines are short: 15 days from the notice to apply, and 30 days in total for your written submissions and evidence. Removal is stayed only if you apply within the 15 days.
- It is decided mostly on paper: a hearing is held only when credibility is a serious issue, so what you file is your case.
- There is rarely a second chance: a refused PRRA usually leads to removal. The Federal Court can review the decision, but it does not rehear your case.
You absolutely need a lawyer for this, and you should hire our firm. Our immigration lawyers in Surrey, Abbotsford and Vancouver prepare PRRAs for claimants found ineligible under Bill C-12, from the first fairness letter through the PRRA and, if needed, the Federal Court.
Challenging a removal order
- Appeal to the Immigration Appeal Division: available to permanent residents, protected persons and some visa holders (IRPA s. 63), with exceptions for serious criminality. See Immigration Appeal Division appeals.
- Judicial review in the Federal Court: 15 days to file for leave for a decision made in Canada.
- Delaying removal: a PRRA, a deferral request or a Federal Court stay. See a stay after a PRRA or deferral refusal.
Leaving properly
A removal order is enforced when you confirm your departure at a port of entry and get a certificate of departure, leave Canada, and are allowed into your destination country (IRPR s. 240). Skipping the confirmation is how many departure orders become deportation orders. If you need to come back after removal, see an authorization to return to Canada (ARC). Our authorization to return to Canada lawyers can prepare the application.
Why this needs a lawyer
One lawyer, one file, every step:
- identifying exactly which order you have and when it came into force;
- appealing to the IAD or seeking judicial review where available;
- delaying removal with a PRRA, deferral request or stay;
- planning a departure that keeps your options open, and an authorization to return later.
The difference between a departure order and a deportation order can be a single missed step, and the appeal and review deadlines are short. Getting it right at the start shapes every option later.
Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can bring a motion to stay a removal in the Federal Court. An immigration consultant cannot file or argue it there.
Mistakes I have seen
- Leaving without confirming departure, so a departure order becomes a deportation order.
- Missing the 15-day judicial review deadline.
- Assuming you can come back once your visa is approved, without an authorization to return.
- Ignoring a removal order because it’s “only” a departure order.
Frequently asked questions
What is the difference between deportation and exclusion?
An exclusion order bars you for 1 year (5 for misrepresentation) without an authorization to return; a deportation order bars you permanently unless you get one.
Do I have to pay to come back after deportation?
IRCC says you may have to repay the cost of your removal before an authorization to return is issued, if CBSA paid for it.
Can a removal order be cancelled?
It can be set aside on appeal or judicial review in some cases, and it is stayed while some applications are decided.
What should I do right now?
Check your removal order to see which type it is and its date, and get advice now: the appeal or review deadline may be days away.
Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.
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Sources (official)
- Immigration and Refugee Protection Regulations, ss. 223–226
- Immigration and Refugee Protection Regulations, s. 228
- Immigration and Refugee Protection Regulations, ss. 237–240
- Immigration and Refugee Protection Act, s. 44
- Immigration and Refugee Protection Act, s. 49
- Immigration and Refugee Protection Act, s. 63
- IRCC: Who needs an authorization to return to Canada (modified July 23, 2026)
- IRCC: Authorization to return to Canada, before you apply (modified July 23, 2026)
- CBSA: Enforcing removals from Canada (modified October 5, 2026)
This article is general information, not legal advice. Every case depends on its own facts.