Work Permits for Individuals with Removal Orders in Canada – S62

Miguel, a 42-year-old man from Mexico, faces a complex situation in Canada. He is under an unenforceable removal order, which fills him with questions and uncertainties. His most pressing concern: Can he apply for a work permit in Canada? Despite these challenges, Miguel holds onto hope. He knows that understanding the Canadian immigration system is critical. Therefore, he actively started researching his options. In his search, Miguel uncovers specific conditions for work permit eligibility and understands the importance of meeting them. Every new piece of information he finds takes him one step closer to clarity. Though his journey is complex, Miguel intends to navigate it with determination and optimism.

Understanding removal orders

Sometimes, permanent residents, protected people, and other foreign nationals become subject to a removal order. These orders mandate the person to leave Canada. The affected people may even face hurdles in returning to Canada. I have another article that discusses removal orders in detail, but here is a brief introduction.

• Departure Orders: If you receive a departure order, you must leave Canada immediately. However, if you leave Canada promptly and report your departure, the order won’t ban you from travelling to Canada. Of course, you may still need a visa to travel to Canada.
• Execution Orders: By receiving an exclusion order, you also receive a one-to-five-year ban from returning to Canada. Nonetheless, you may return sooner if an officer issues you an Authorization to Return to Canada (ARC).
• Deportation Orders: Unfortunately, deportation orders ban a person from returning to Canada indefinitely. However, they may return if they address the root cause of the order and receive an ARC.

Generally speaking, a person who receives a removal order must leave Canada immediately. However, there are circumstances when the removal order becomes unenforceable or remains on hold. In such situations, the person could remain in Canada. I have another article that explains unenforceable removal orders.

Work permit for people subject to removal orders

Despite being subject to a removal order, a person could qualify for a work permit in the following circumstances.

• Refugee claimants appealing the IRB decision [A49(2)(c)]
• Pre-removal risk assessment (PRRA) applicants awaiting the PRRA outcome [R232]
• Applicants who have passed the first stage of an H&C application successfully [R233]
• Individuals granted a stay by the Federal Court [A50]
• Foreign nationals from countries with a temporary removal stay imposed by the Minister [R230]
• Foreign nationals completing their prison term in Canada, including parole [A50(b)]
• The cases of the stay of removal order because of judicial review due to R231 or the Toth Test
• Failed refugee claimants or other foreign nationals awaiting removal, whom the Canada Border Services Agency (CBSA) cannot remove due to the inability to obtain a travel document. In these cases, the removal order is in force but unenforceable (conditions apply).

These work permits are LMIA-exempt (under code S62) and open.

How to apply?

If you meet the basic requirements of these work permits, please book a consultation session. I’ll review your circumstances to ensure this is the correct choice. Of course, if you encounter any other issues, you may still book an appointment or fill out the form below.