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If the Government of Canada finds that you have violated the Immigration and Refugee Protection Act (IRPA), it will issue a removal order against you. There are several reasons why the government will issue a removal order. Common reasons are:
- you stayed in Canada longer than your visa allows,
- you applied for permanent residency status from within Canada and your application was rejected,
- you are a permanent resident who committed a serious crime, or
- you are an asylum seeker and did not follow the proper procedures for entering and remaining in Canada.
There are three types of removal orders in Canada:
- a deportation order permanently bars you from Canada,
- an exclusion order bars you from Canada for a limited period of time (often 1-2 years) ,
- a departure order gives you 30 days to leave Canada (if you do not leave, it becomes a deportation order).
Stay of Removal: appealing a removal order
If you receive a removal order, you can request a stay of removal, also called a removal appeal. A stay of removal pauses the removal order process, either temporarily or indefinitely.
Depending on your situation, you can request a stay of removal from either:
- the Immigration Appeal Division (IAD), or
- the Federal Court.
To request a stay of removal from the IAD, you must be a permanent resident, have a permanent resident visa, or be a Protected Person. You must apply for a stay of removal within 30 days of receiving a removal order. Everyone else must appeal to the Federal Court.