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 13, 2026: IRPR ss. 206, 231–233 and 243.2, IRPA ss. 49–50, and IRCC’s R206 instructions checked that day.
The rule: if your removal order cannot be enforced right now and you can’t support yourself without working, you can apply for an open work permit (IRPR s. 206(1)(b)).
Who that covers: refugee appeals, Federal Court reviews and stays, PRRAs, H&C and Minister’s stays, prison sentences, suspended or deferred removals, and people CBSA cannot remove.
The catch: the permit ends automatically the day the removal order becomes enforceable. 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.
Having a removal order does not always mean you can’t work. If the order is on hold, because a decision is pending, a court has stayed it, or CBSA simply cannot carry it out, Canada’s regulations allow an open work permit for anyone who cannot support themselves without working (IRPR s. 206(1)(b)). IRCC calls this the S62 work permit. It lets you work for any employer. It does not give you status as a worker or a temporary resident, and it lasts only as long as your removal stays on hold.
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 Sundeep S. Grewal.
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Who qualifies?
You qualify if your removal order is not enforceable and you cannot meet your basic needs without working. The table shows the situations that keep a removal order from being enforced.
| Your situation | Why removal is on hold |
|---|---|
| Your refugee claim was refused and you appealed to the Refugee Appeal Division | The removal order does not come into force while the appeal is pending (IRPA s. 49(2)) |
| You applied to the Federal Court to review a Refugee Appeal Division decision | Automatic stay until the Court decides (IRPR s. 231), with exceptions below |
| The Federal Court stayed your removal, for example with a review of a PRRA or deferral refusal | Court-ordered stay (IRPA s. 50) |
| You applied for a PRRA after CBSA notified you | Stay until the PRRA is decided (IRPR s. 232) |
| IRCC approved your H&C or public-policy application in principle | Stay until the permanent residence decision, and it covers your family members too (IRPR s. 233) |
| The Immigration Appeal Division stayed your removal order | IAD stay (IRPA s. 50(c)) |
| Your country is under a temporary suspension or administrative deferral of removals | Minister’s stay or deferral (IRPA s. 50(d)–(e)) |
| You are serving a prison sentence in Canada | Stayed until the sentence ends, including parole (IRPA s. 50(b)) |
| CBSA cannot remove you for reasons beyond your control, such as no travel document | Long-standing IRCC practice; see out of status in Canada for years |
A pending refugee claim is a different rule (s. 206(1)(a), code S61) with no processing fee; see the refugee claimant work permit. Since March 27, 2026, people whose claim was found ineligible under Bill C-12 can also get or keep a work permit before they are notified that they can apply for a PRRA, under an IRCC public policy.
When the Federal Court stay is not automatic
The automatic stay for a Federal Court review of a Refugee Appeal Division decision does not apply if you are a designated foreign national, if your removal order is for serious criminality, if you live in the United States or St. Pierre and Miquelon and were reported on entry, or if you need an extension of time to file (IRPR s. 231). In those cases you need a stay order from the Court before you can rely on this work permit.
The “cannot support yourself” test
You must show you can’t meet your basic needs without working. You don’t have to apply for social assistance first. IRCC accepts bank statements, letters from people or agencies helping you, or proof that you are receiving or would need provincial assistance. Officers can refuse if your savings, a sponsor or family support cover your needs.
How to apply
- Apply online (recommended) or on paper, from inside Canada, for an open work permit. Leave the employer section blank.
- If you have no passport, enter zeros as the passport number and attach a letter explaining why.
- Include proof of your situation: the appeal or Federal Court filing, the stay order, the PRRA acknowledgment, the IAD decision, or CBSA’s confirmation.
- A medical exam is needed. Without valid results, the permit is issued with restrictions on the jobs you can do.
The fee trap
You pay the $155 work permit processing fee, but not the $100 open work permit holder fee. The online form often charges both. IRCC’s instructions are to pay the $155 on IRCC’s fee page first, upload the receipt as “Proof of Fee Exemption”, and answer “No” to the fee question. Pay the wrong fee and the application can be delayed or returned.
How long it lasts
The first permit is usually 12 months, and renewals are 12 months at a time. People from countries under a temporary suspension or administrative deferral of removals can get 24 months. The permit gives no temporary resident status. It only authorizes work. See renewing a refugee or removal-order work permit.
When it ends
Since March 2024, a work permit is cancelled automatically when the removal order becomes enforceable (IRPR s. 243.2). That happens when the appeal is dismissed, the Federal Court refuses leave, a stay ends or the PRRA is refused. CBSA now asks people to hand in the permit at the removal interview. See a work permit cancelled at the removal interview.
Your spouse and children
This permit covers only the person whose own removal order is on hold. A spouse or child qualifies only if they are in the same situation themselves, for example with their own appeal or their own stayed order. The H&C stay under s. 233 is the exception, because it stays the family members’ removal orders too. Otherwise, family members need another kind of work permit.
Why this needs a lawyer
One lawyer, one file, every step:
- checking that your removal order is really on hold, and for how long;
- preparing the work permit application, the support evidence and the fee correctly;
- bringing the PRRA, stay motion or Federal Court review that keeps the order on hold;
- renewing on time and acting quickly if the permit is cancelled.
The work permit is only as safe as the stay behind it. The same lawyer should handle 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
- Paying the $100 open work permit fee and not the $155 processing fee.
- Assuming a Federal Court review always stops removal. It doesn’t for everyone.
- Applying for family members who aren’t in the same situation.
- Continuing to work after the appeal or review is lost. The permit is cancelled that day.
Frequently asked questions
Does this work permit give me status in Canada?
No. It authorizes work only. You stay without temporary resident status.
Can I get one if I already had a refugee claimant work permit?
Yes, if your removal order is now on hold for one of the reasons above. It is a new application under s. 206(1)(b).
Do I need a job offer?
No. It is an open work permit for any employer.
What happens if my appeal is dismissed?
The removal order becomes enforceable and the permit is cancelled, unless another stay applies.
What should I do right now?
Gather proof that your removal is on hold and proof of your finances, then apply before you run out of money. If removal is close, deal with the stay first.
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, 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]
- Immigration and Refugee Protection Regulations, s. 231
- Immigration and Refugee Protection Regulations, ss. 232–233
- Immigration and Refugee Protection Regulations, s. 243.2
- Immigration and Refugee Protection Act, s. 50
- IRCC public policy: work permits for ineligible refugee claims (March 27, 2026)
This article is general information, not legal advice. Every case depends on its own facts.