{"id":2510,"date":"2026-11-13T00:30:14","date_gmt":"2026-11-13T00:30:14","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/removal-parent-canadian-children\/"},"modified":"2026-11-13T00:30:14","modified_gmt":"2026-11-13T00:30:14","slug":"removal-parent-canadian-children","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/removal-parent-canadian-children\/","title":{"rendered":"Facing removal as a parent of Canadian children: deferral, stays and the children’s interests"},"content":{"rendered":"

By Prabhpreet Kaur Sangha<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 12, 2026<\/em><\/p>\n

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<\/a>.<\/em><\/p>\n

Updated November 12, 2026: the Federal Court of Appeal’s decisions in Lewis and Baron, and IRPA s. 25 checked that day.<\/em><\/p>\n

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The rule:<\/strong> having Canadian children does not stop removal, but their interests must be considered.<\/p>\n

What CBSA looks at:<\/strong> the short-term interests of the children, such as the school year, who will care for them, and medical needs.<\/p>\n

Why a lawyer:<\/strong> the evidence about the children has to be specific and filed quickly, in a deferral request and, if needed, a stay motion. Why a lawyer<\/a><\/p>\n

Book a consultation<\/a><\/p>\n<\/div>\n

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Our immigration lawyers<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PrabhpreetPrabhpreet Kaur Sangha<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
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Sundeep S. Grewal<\/a><\/strong> founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.<\/p>\n

Prabhpreet Kaur Sangha<\/a><\/strong> 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.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is an immigration and estates lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

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.<\/p>\n

Lawgical Law Corporation<\/a>, 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.<\/p>\n

What CBSA can consider<\/h2>\n

In Lewis v. Canada (Public Safety and Emergency Preparedness)<\/em>, 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)<\/em>, 2009 FCA 81, the Court adopted the list of timing factors in Wang v. Canada (Minister of Citizenship and Immigration)<\/em>, 2001 FCT 148, [2001] 3 FC 682, which includes children’s school years. In practice, that means evidence like:<\/p>\n

\n\n\n\n\n\n\n\n\n\n
Short-term interests a deferral request can raise<\/caption>\n
Issue<\/th>\nEvidence that helps<\/th>\n<\/tr>\n<\/thead>\n
School year<\/td>\nSchool letter with the term end date<\/td>\n<\/tr>\n
Care arrangements<\/td>\nWho will care for the children, and why that takes time to arrange<\/td>\n<\/tr>\n
Health<\/td>\nDoctor’s letter about treatment underway and what removal would interrupt<\/td>\n<\/tr>\n
Custody or family court<\/td>\nCourt documents and hearing dates<\/td>\n<\/tr>\n
Single-parent households<\/td>\nProof of who lives with and depends on the parent<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

The long-term interests: H&C<\/h2>\n

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)<\/em>, 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<\/a>. 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)).<\/p>\n

If CBSA refuses: a stay motion<\/h2>\n

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)<\/em> (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)<\/em>, 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<\/a>.<\/p>\n

Why this needs a lawyer<\/h2>\n

One lawyer, one file, every step:<\/strong><\/p>\n