Facing removal as a parent of Canadian children: deferral, stays and the children’s interests

By Prabhpreet Kaur Sangha, lawyer at Lawgical Law Corporation · Reviewed November 12, 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 12, 2026: the Federal Court of Appeal’s decisions in Lewis and Baron, and IRPA s. 25 checked that day.

Being told to leave Canada when your children are Canadian citizens is one of the hardest situations we deal with. Their citizenship does not prevent your removal, and the law draws a line between what CBSA can consider and what belongs in a full humanitarian application. A removals officer is limited to the short-term interests of the children: finishing a school year, arranging care, medical treatment underway, custody proceedings. The long-term best interests of the children are weighed in an H&C application. Using both routes properly, and on time, is how families get the decision-makers to look carefully at the children.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, brings deferral requests, H&C applications and Federal Court stays for parents facing removal; this guide is by Prabhpreet Kaur Sangha.

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What CBSA can consider

In Lewis v. Canada (Public Safety and Emergency Preparedness), 2017 FCA 130, the Federal Court of Appeal confirmed that an enforcement officer, in appropriate cases, may have to consider the short-term best interests of children affected by a parent’s removal. In Baron v. Canada (Public Safety and Emergency Preparedness), 2009 FCA 81, the Court adopted the list of timing factors in Wang v. Canada (Minister of Citizenship and Immigration), 2001 FCT 148, [2001] 3 FC 682, which includes children’s school years. In practice, that means evidence like:

The long-term interests: H&C

A full assessment of the children’s best interests belongs in an H&C application, where the Supreme Court in Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61 held that those interests must be “well identified and defined” and examined with a great deal of attention. A pending H&C does not stop removal on its own; see removal while an H&C is pending. Even during the 12-month bar after a refused refugee claim, an H&C can still be made if removal would have an adverse effect on the best interests of a child directly affected (IRPA s. 25(1.21)).

If CBSA refuses: a stay motion

A Federal Court judge can stay the removal if there is a serious issue with the refusal, irreparable harm, and the balance of convenience favours you (Toth v. Canada (Minister of Employment and Immigration) (1988), 86 N.R. 302 (FCA)). The Court has said the usual hardships of removal, including family separation, are not enough on their own (Selliah v. Canada (Minister of Citizenship and Immigration), 2004 FCA 261). The evidence has to show harm to these children beyond that, such as a child with medical needs who would lose care. See a stay after a PRRA or deferral refusal.

Why this needs a lawyer

One lawyer, one file, every step:

• gathering school, medical and care evidence specific to each child;
• writing the deferral request around the short-term interests CBSA can weigh;
• preparing or updating an H&C application for the long-term interests;
• bringing a Federal Court stay motion if CBSA refuses.

Officers and judges see many families. What changes outcomes is evidence about these particular children, organized around the test the decision-maker must apply.

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

• Telling CBSA the children are Canadian without any evidence of how removal affects them.
• Asking CBSA to weigh long-term best interests, which belong in an H&C.
• Leaving the school letter or doctor’s letter until the last day.
• Not planning who will care for the children if removal goes ahead.

Frequently asked questions

Can my children stop my deportation because they are Canadian?

No. Their interests must be considered, but they don’t prevent removal.

Can I take my Canadian children with me?

That is a family decision, subject to custody arrangements and the other parent’s rights. It affects the evidence in a deferral request.

Will an H&C based on my children stop removal?

Not by itself. It can support a deferral request and is decided on its own merits.

Related guides: removal while an H&C is pending, humanitarian and compassionate applications, a stay after a PRRA or deferral refusal, CBSA enforcement interviews.

What should I do right now?

Get a letter from each child’s school and any doctor treating them, write down who would care for them, and get advice on a deferral request and an H&C now.

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 Act, s. 25(1.2) and (1.21)
• Immigration and Refugee Protection Act, s. 48
• Lewis v. Canada (Public Safety and Emergency Preparedness), 2017 FCA 130
• Baron v. Canada (Public Safety and Emergency Preparedness), 2009 FCA 81
• Wang v. Canada (Minister of Citizenship and Immigration), 2001 FCT 148, [2001] 3 FC 682
• Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61
• Toth v. Canada (Minister of Employment and Immigration) (1988), 86 N.R. 302 (FCA)
• Selliah v. Canada (Minister of Citizenship and Immigration), 2004 FCA 261

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