Federal Court stay granted: how to get a work permit while it lasts

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: IRPA s. 50, IRPR ss. 206 and 243.2, and IRCC’s R206 instructions checked that day.

Winning a stay of removal in the Federal Court stops the removal. It also opens the door to working again. While the stay is in force, your removal order can’t be enforced, and that is the condition for an open work permit under IRPR s. 206(1)(b). If your old permit was cancelled when the order became enforceable, this is how you get back to work.

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

What to send IRCC

• The Federal Court’s stay order, and the court file number.
• Your removal order or CBSA notice.
• Proof you can’t support yourself without working.
• Your medical exam results, or a new exam.
• The $155 processing fee receipt (not the $100 open permit fee).

How long the stay and the permit last

A stay granted with a judicial review usually lasts until the Court decides the case. If leave is refused or the review is dismissed, the stay ends, the order becomes enforceable again, and the permit is cancelled (IRPR s. 243.2). If the review succeeds, the refusal goes back to an officer for a new decision; ask your lawyer whether removal stays on hold in the meantime. Each change can affect your permit.

Keep the permit valid

Renew before the permit expires, and tell your lawyer about any CBSA contact. See renewing a refugee or removal-order work permit.

If the stay was refused

Without a stay, the order is enforceable and a work permit will be refused. See a stay after a PRRA or deferral refusal for other options.

Why this needs a lawyer

One lawyer, one file, every step:

• bringing the stay motion and the underlying Federal Court review;
• filing the work permit application as soon as the stay is granted;
• tracking the Court’s decision and its effect on the permit;
• acting quickly if the stay ends.

The permit depends entirely on the Court case. The same lawyer should run both.

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

• Waiting months after the stay to apply.
• Sending the application without the stay order.
• Assuming the permit survives a dismissed review.
• Paying the $100 open work permit fee.

Frequently asked questions

How soon after the stay can I apply?

Right away. The stay makes the removal order unenforceable from the date of the order.

Can my spouse get a permit too?

Only if their own removal order is also stayed.

What if the Court grants my review?

The refusal goes back to an officer for a new decision. Whether removal stays on hold meanwhile depends on your case, so check before you renew.

Related guides: work permits with an unenforceable removal order, a work permit cancelled at the removal interview, a stay after a PRRA or deferral refusal, Federal Court leave denied.

What should I do right now?

As soon as the stay is granted, gather the order and your support evidence, and 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 Act, s. 50
• Immigration and Refugee Protection Regulations, s. 206
• Immigration and Refugee Protection Regulations, s. 243.2
• IRCC instructions: Applicants with no other means of support [R206, S61 and S62]

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