Out of status in Canada for years: you may still be able to get a work permit

By Prabhpreet Kaur Sangha, lawyer at Lawgical Law Corporation · Reviewed November 13, 2026

Published November 13, 2026

Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.

Updated November 13, 2026: IRPR s. 206, IRCC’s R206 instructions and its page for people who cannot be removed checked that day.

Many people we meet have been out of status in Canada for years: a refugee claim refused long ago, a removal order CBSA never carried out, a passport their country won’t issue. Most assume nothing can be done until they leave. Often that’s wrong. If your removal order is on hold, or CBSA cannot remove you for reasons beyond your control, you can apply for an open work permit no matter how long you have been without status.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares open work permit applications for people whose removal is stayed or cannot be carried out, and handles the refugee appeals, PRRAs, stays of removal and Federal Court reviews those permits depend on; this guide is by Prabhpreet Kaur Sangha.

Book a consultation about a work permit while facing removal TapClick to open a short form. Our team will contact you to arrange a time.Short form, 4 quick fields Open form

Why the time out of status doesn’t matter

Restoration of status has to be applied for within 90 days of losing status. The work permit under IRPR s. 206(1)(b) works differently. It depends only on your situation today: is your removal order unenforceable, and can you support yourself without working? If both answers fit, you can apply for a fresh permit, even after years without status.

The permit authorizes work and nothing more. It does not make you a temporary resident and does not change your immigration status.

Who this can help

• People whose country cannot or will not issue a travel document, and who can prove it.
• People from countries under a temporary suspension or administrative deferral of removals.
• People with a pending H&C application that IRCC has approved in principle (this stays the family members’ orders too).
• People with a new PRRA, appeal, Federal Court review or stay. See work permits with an unenforceable removal order.

If CBSA can’t remove you

Not having a passport is not enough on its own. IRCC wants proof the barrier is beyond your control, such as a refusal letter from your country’s consulate or written confirmation from CBSA. Officers can check with CBSA that you are cooperating with efforts to get a travel document. IRCC’s own internal briefing describes this group as a long-standing practice rather than a rule written into the regulations, so applications are scrutinized and need strong evidence.

Who this does not help

People who overstayed a visitor visa or study permit and have no removal order, refugee claim or stay are not covered. They need a different route, such as an H&C application or a sponsorship. Our guide to removal orders explained explains the different orders.

Why this needs a lawyer

One lawyer, one file, every step:

• finding out whether your removal order is enforceable today;
• gathering travel-document and cooperation evidence;
• deciding whether a PRRA, H&C application or stay should come first;
• preparing the work permit application and renewals.

After years out of status, the order of steps matters. The wrong first move can bring removal closer.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can represent you in the Federal Court if a work permit refusal or a removal has to be challenged there. An immigration consultant cannot appear in that court for you.

Mistakes I have seen

• Assuming years without status rule you out.
• Applying with no proof that removal is on hold.
• Thinking the permit gives you status. It doesn’t.

Frequently asked questions

I have been out of status for five years. Can I still apply?

Yes, if your removal order is on hold or cannot be carried out for reasons beyond your control. There is no deadline.

Does this work permit lead to permanent residence?

Not by itself. It can support an H&C application by showing work and establishment.

I have no removal order at all. Does this apply?

No. This permit is for people with a removal order that is on hold.

Related guides: work permits with an unenforceable removal order, renewing a refugee or removal-order work permit, temporary suspensions and deferrals of removals, humanitarian and compassionate applications.

What should I do right now?

Collect your immigration papers and any letters from CBSA or your consulate, and have a lawyer check where your removal order stands before you apply.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

Ready to book? Open the booking form ↑

Sources (official)

• Immigration and Refugee Protection Regulations, s. 206
• IRCC: Work permit if you are appealing a refused claim or cannot be removed (modified May 29, 2026)
• IRCC instructions: Applicants with no other means of support [R206, S61 and S62]
• IRCC briefing on unenforceable removal orders (released under the Access to Information Act)

This article is general information, not legal advice. Every case depends on its own facts.