--- title: "Inadmissibility and Removal" date: 2026-10-12 author: "K&S" url: https://cohenmurisonlaw.com/immigration/inadmissibility-removal/ --- ![](https://cohenmurisonlaw.com/wp-content/uploads/2026/10/immigration-pearson.webp) # Found inadmissible or facing removal? *Act before the removal date.* We look at why you were found inadmissible, what kind of removal order you have, and which steps can still keep you in Canada or let you come back. ## Thank you, we have it. We'll call you during office hours, 9 am to 5 pm, 7 days a week. If your removal date is in the next few days, call now. [Book a free video meeting now](https://calendar.app.google/p4UydfDQwFAi1NRUA) [Call (289) 309-3069](tel:+12893093069) Deadline check ## Got a pre-removal risk assessment notice? *Count 15 days.* If you apply for a pre-removal risk assessment (PRRA) within 15 days of being notified, your removal is put on hold until IRCC decides. Apply later and there's no hold. - 15 **days to apply for a PRRA and keep removal on hold** - 30 **days to appeal a removal order to the Immigration Appeal Division, if you have a right of appeal** How did you get the notice? Handed to me By mail Date you were handed the notice Pick a date to see your deadline. [Get in touch](#review) General information, not legal advice. A mailed notice counts as given 7 days after it was sent. Most people refused as refugees can't apply for a PRRA until 12 months have passed (36 months for some countries). We'll confirm your dates. Grounds of inadmissibility ## Why Canada can *refuse you or remove you.* Sections 34 to 42 of the Immigration and Refugee Protection Act list the reasons a person can be found inadmissible. The ground matters: it decides which hearing you get, whether you can appeal, and what can fix it. [Ask about your situation](#review) - **Criminality**Convictions in or outside Canada, and some acts never charged. Section 36. See [criminal rehabilitation](/immigration/criminal-rehabilitation/). - **Misrepresentation**Wrong or missing facts in an application, often with a 5-year bar. Section 40. See [misrepresentation](/immigration/misrepresentation-admissibility-hearings/). - **Non-compliance**Breaking a rule of the Act, such as overstaying, working without a permit, or a permanent resident's residency obligation. Section 41. - **Health and finances**A danger to public health or safety, excessive demand on services, or no means of support. Sections 38 and 39. - **Security, rights violations and sanctions**Espionage, terrorism, war crimes, senior officials of certain regimes, and people under sanctions. Sections 34, 35 and 35.1. - **Organized crime and family members**Membership in criminal organizations, and some cases where a family member is inadmissible. Sections 37 and 42. Removal orders ## Three kinds of order, *three different futures.* The type of order decides whether, and when, you can come back. Check the order itself, then talk to us before the removal date. ### Departure order You must leave within 30 days after the order becomes enforceable and confirm your departure with the border agency. If you do, you can return later without special permission. **Watch out**Miss the 30 days and it becomes a deportation order automatically. ### Exclusion order You need written permission to return for 1 year after the order is enforced. If the order was for misrepresentation, the period is 5 years. **Watch out**Coming back early without permission is itself a breach of the Act. ### Deportation order The most serious order. Once it is enforced, you need written permission to return to Canada at any time in the future, with no end date. **Watch out**Act before removal. Options shrink once the order is enforced. ### Authorization to Return to Canada The written permission you need after an exclusion or deportation order. An officer decides whether your reasons justify it. The government fee is $492.50. **Usually fits when**You've already been removed and have a real reason to return. Before removal ## Ways to stop *or pause a removal.* A removal order that is in force and not stayed must be carried out as soon as possible. These are the main ways to stop or pause it. Which ones are open to you depends on your status, your history and the order. [Ask about your removal](#review) 1. **Appeal to the Immigration Appeal Division**Permanent residents, protected persons and holders of a permanent resident visa can often appeal a removal order within *30 days*. The Division can also weigh humanitarian factors. There is no appeal for serious criminality or security grounds. 2. **Pre-removal risk assessment**If you'd face risk in the country you're being sent to, a PRRA asks IRCC to assess it. Applying within *15 days* of the notice puts removal on hold until the decision. 3. **Ask the border agency to defer removal**A request to the Canada Border Services Agency officer to put off the removal date, for example while another application is decided or for a short-term reason. The officer's discretion is limited. 4. **A stay from the Federal Court**If a deferral is refused, or another decision is under challenge, the Federal Court can order a stay of removal. These motions move on very short timelines. 5. **Humanitarian and compassionate grounds, or a TRP**Longer-term routes to stay, explained below. An H&C application doesn't by itself delay a removal date. Temporary Resident Permits and H&C applications ## Two routes when you don't *meet the usual rules.* Both are discretionary: an officer decides whether your circumstances justify it. A well-prepared application with the right evidence is what gives an officer room to say yes. For people who are inadmissible or don't meet a requirement ### Temporary Resident Permit (TRP) - Can let you enter or stay in Canada for a time despite inadmissibility, while you work on the underlying issue - In some cases, can help where you've lost your status - The officer weighs your reasons for being in Canada against any risk - Can be cancelled at any time. Government fee: $246.25 [Ask about a TRP](#review) For people with strong reasons to stay in Canada ### Humanitarian and compassionate (H&C) application - For people who don't meet the standard requirements but have compelling reasons to stay - Officers look at ties to Canada, establishment, family, the best interests of any child affected, and hardship - Each case is assessed on its own facts, so the evidence is key - Government fee: $1,260, including the $600 right of permanent residence fee [Ask about an H&C application](#review) Maintaining legal status is essential. We explore the TRP alongside your other options, so you can make an informed decision about your future in Canada. If an H&C application is refused, there is no appeal, but the refusal can be challenged at the Federal Court. That takes strong legal argument and a short deadline. See [refusals and judicial review](/immigration/refusal-reconsideration-judicial-review/). ★★★★★ > “His guidance was clear, honest, and very reassuring during a stressful time.” **S* Sana ChaudharyGoogle review* Videos ## Watch it *explained.* [More on YouTube](https://www.youtube.com/@CohenMurisonLaw) Questions ## Inadmissibility *and removal* Don't see yours? Call [(289) 309-3069](tel:+12893093069). What happens if I don't leave by the deadline on a departure order? A departure order gives you 30 days after it becomes enforceable to leave and confirm your departure. If you don't, it becomes a deportation order automatically, and you would then need written permission to return to Canada at any time in the future. Does an H&C application stop my removal? No. Applying on humanitarian and compassionate grounds doesn't delay a removal date, and you must still leave when required. IRCC keeps processing the application after you leave. Other steps, such as a PRRA filed within the 15-day window, a request to defer removal or a Federal Court stay, may be open to you. What is a pre-removal risk assessment? A PRRA asks IRCC to decide whether you would face risk, such as persecution, torture or a risk to your life, in the country you're being removed to. You can apply once IRCC notifies you. Applying within 15 days of the notice puts your removal on hold until the decision. Most people whose refugee claim was refused must wait 12 months before they can apply, or 36 months for some countries. Can a Temporary Resident Permit let me stay even though I'm inadmissible? It can. An officer may issue a TRP when it is justified in the circumstances, weighing your reasons for being in Canada against any risk. The government fee is $246.25. A TRP can be cancelled at any time and doesn't remove the inadmissibility itself. Can I come back to Canada after being removed? It depends on the order. If you left on time under a departure order, you don't need special permission. An exclusion order requires written permission for 1 year, or 5 years for misrepresentation. A deportation order requires permission at any time. The government fee for an Authorization to Return to Canada is $492.50. Is the first meeting free? Video meetings are free. In-person meetings at First Canadian Place are $100. Related ## Other immigration *matters we handle.* [**Refusals, Reconsideration and Judicial Review**Read more](https://cohenmurisonlaw.com/immigration/refusal-reconsideration-judicial-review/) [**Criminal Rehabilitation and Record Suspension**Read more](https://cohenmurisonlaw.com/immigration/criminal-rehabilitation/) [**Misrepresentation and Admissibility Hearings**Read more](https://cohenmurisonlaw.com/immigration/misrepresentation-admissibility-hearings/) [**Spousal and Common-Law Sponsorship**Read more](https://cohenmurisonlaw.com/immigration/spousal-sponsorship/) Free video meeting ## Facing removal? *Talk to us before the date.* By video (free) or in person at First Canadian Place ($100), 7 days a week. [Book a free video meeting](https://calendar.app.google/p4UydfDQwFAi1NRUA) [Call (289) 309-3069](tel:+12893093069) [Send a message](#review) **Cohen Murison Law** 100 King Street West, Suite 5700 First Canadian Place, Toronto, ON M5X 1C7 Open 7 days, 9 am to 5 pm. Closed on public holidays. --- ## Cohen Murison Law - Website: https://cohenmurisonlaw.com - Contact: pawan@konanandspade.com