CBSA Told Me to Leave Canada: What Do I Do?

Being told by the Canada Border Services Agency (CBSA) that you must leave Canada can be one of the most frightening experiences in the immigration process. Whether you have received a removal order, been scheduled for a CBSA removal order interview, or have been given a removal date, it is important to understand that you may still have legal options.

Many people assume that once CBSA begins the deportation process, nothing can be done. That is not always the case. Depending on your immigration history, the type of removal order issued, whether you have a pending immigration application, or whether you would face serious risks in your home country, there may be legal avenues available to delay or stop removal.

The key is to act quickly. Many remedies are subject to strict deadlines, and waiting too long may eliminate options that were previously available.

What Does It Mean When CBSA Tells You to Leave Canada?

If CBSA tells you to leave Canada, it generally means the Border Services Agency (CBSA) believes you no longer have legal authority to remain in the country or that a removal order has become enforceable.

This does not necessarily mean that you will be removed immediately. In many cases, CBSA schedules a CBSA removal order interview to discuss the removal process, confirm your identity, review your travel documents, and make arrangements for your departure.

The interview may also be used to determine:

• Whether you have obtained a valid passport or emergency travel document.

• Whether there are any legal barriers preventing removal.

• Whether you have pending immigration applications or court proceedings.

• Whether you intend to comply voluntarily.

• Whether enforcement measures are necessary.

CBSA officers have responsibilities under the Immigration and Refugee Protection Act to enforce removal orders while ensuring procedural fairness and compliance with Canadian immigration law. The enforcement manuals emphasize that removals should be carried out fairly, efficiently, and only after officers have considered any legal impediments to removal.

Types of Removal Orders

Not every removal order has the same legal consequences. Understanding which type of order applies to you is critical.

Departure Order

A departure order generally requires you to leave Canada within the specified period and confirm your departure with CBSA. If you comply properly, you may be able to re-enter Canada in the future without additional authorization, provided you meet all immigration requirements.

However, if you fail to comply with the departure order, it may automatically become a deportation order, resulting in significantly more serious consequences.

Exclusion Order

An exclusion order prevents you from returning to Canada during a specified exclusion period, which is often one year but may be longer depending on the circumstances.

In some cases, you may need to obtain written authorization before returning to Canada.

Deportation Order

A deportation order permanently bars an individual from returning to Canada unless they first receive written authorization from the Government of Canada. This authorization is commonly referred to as an Authorization to Return to Canada (ARC).

Because a deportation order has long-term consequences, obtaining legal advice before removal is extremely important.

Is CBSA's Request Mandatory?

In most situations, yes. If CBSA instructs you to attend an appointment, provide documentation, or report for a removal interview, you are generally expected to comply.

Ignoring CBSA instructions may result in:

• Arrest warrants.

• Detention.

• Findings of non-compliance.

• Accelerated removal.

• Negative credibility findings.

• Reduced opportunities for voluntary departure.

If you are unable to attend because of illness, an emergency, or another legitimate reason, you should contact CBSA immediately or have your legal counsel do so on your behalf. Simply failing to attend is rarely advisable.

What Happens If You Ignore CBSA's Instruction to Leave?

Ignoring CBSA rarely makes the problem disappear. In fact, it often increases enforcement action.

If CBSA believes a person will not voluntarily comply with a removal order, officers may take additional enforcement steps, including detention where authorized under the Refugee Protection Act.

Failure to comply may also affect future immigration applications because immigration authorities will consider your previous compliance with Canadian immigration laws.

Depending on the circumstances, individuals who fail to leave Canada when required may later find it more difficult to obtain visas, permanent residence, or temporary status.

What to Do When You Are Asked to Leave Canada

Receiving a removal notice does not necessarily mean you have exhausted every legal option. The most important step is understanding your current immigration situation before making decisions.

You should immediately:

1. Obtain a copy of your removal order.

2. Determine whether it is a departure order, exclusion order, or deportation order.

3. Confirm whether you have any pending immigration applications.

4. Review whether appeal rights exist before the Immigration Appeal Division.

5. Determine whether a Pre-Removal Risk Assessment (PRRA) is available.

6. Assess whether humanitarian and compassionate grounds may be relevant.

7. Consult an experienced immigration lawyer.

It is equally important to gather all relevant documentation, including previous immigration decisions, passports, court documents, medical evidence, family information, and proof of establishment in Canada.

Many people discover that important legal remedies were available only after the deadlines had expired.

Can You Stay in Canada While Fighting Removal?

Sometimes. Whether you can remain in Canada depends on the legal remedy being pursued and your individual circumstances.

Several options may be available.

Judicial Review in Federal Court

If you are challenging an immigration decision, you may be able to bring an application for judicial review before the Federal Court.

However, filing a judicial review alone does not automatically stop removal.

Stay of Removal

Where removal is imminent, it may be necessary to bring a stay motion before a Federal Court judge.

To obtain a stay of removal, applicants generally must demonstrate:

• There is a serious issue to be determined.

• They would suffer irreparable harm if removed.

• The balance of convenience favours granting the temporary measure.

Examples of irreparable harm may include:

• Risk of physical harm.

• Serious health issues.

• Family separation.

• Risks arising in the home country.

• Exceptional humanitarian circumstances.

Because stay motions are often heard on an emergency basis, preparation must occur in a timely manner.

Pre-Removal Risk Assessment (PRRA)

Some individuals facing removal may qualify for a Pre-Removal Risk Assessment, which considers whether they would face persecution, torture, risk to life, or cruel and unusual treatment if returned.

Eligibility rules are complex and depend on previous refugee proceedings and statutory bars.

Humanitarian and Compassionate Applications

A pending application based on humanitarian and compassionate grounds does not automatically stop removal.

However, humanitarian factors may become relevant in a deferral request, particularly where removal would significantly affect children, ongoing medical treatment, or other compelling circumstances.

Deferral Requests and Exceptional Circumstances

In limited situations, CBSA may defer removal temporarily.

A deferral of removal is not permanent immigration status. Instead, it is a temporary measure allowing removal to be postponed because of compelling reasons.

Examples may include:

• Newly available evidence.

• Serious medical emergencies.

• Newly filed court proceedings.

• Best interests of a child during the school year.

• Administrative barriers preventing removal.

• Other exceptional circumstances.

Deferral requests must usually be supported by strong evidence and submitted as soon as possible after new information becomes available.

Immigration Appeals and Other Legal Avenues

Not everyone has the same appeal rights.

Some permanent residents may appeal certain removal orders to the Immigration Appeal Division, while refugee claimants and many foreign nationals may not have access to the same remedies.

Other legal avenues may include:

• Applications before the Refugee Protection Division.

• Judicial review.

• Federal Court stay motions.

• PRRA applications.

• Requests based on procedural fairness.

• Humanitarian applications.

Determining the appropriate strategy requires careful analysis of your immigration history and the legal basis for the removal order.

Seek Legal Help from an Immigration Lawyer at AKM Law

Removal proceedings move quickly, and the decisions made in the days before your scheduled removal can significantly affect your future.

At AKM Law, we represent individuals facing removal from Canada, CBSA enforcement proceedings, inadmissibility allegations, PRRA applications, Federal Court litigation, and urgent stay motions. We carefully review your immigration history, assess whether your removal can be challenged, and identify every available legal avenue before your removal date.

Where appropriate, we prepare deferral requests, emergency Federal Court materials, humanitarian submissions, and other applications aimed at protecting your ability to remain in Canada. We also communicate directly with CBSA on behalf of our clients, ensuring that relevant evidence and legal arguments are presented in a timely manner. Whether your case involves a failed refugee claim, criminal inadmissibility, procedural fairness concerns, or exceptional humanitarian circumstances, our goal is to develop the strongest possible strategy based on your individual situation.

Being told to leave Canada does not always mean that removal is inevitable. Depending on your circumstances, there may be legal remedies that can delay or stop deportation, including a stay of removal, a Pre-Removal Risk Assessment, a humanitarian application, an appeal to the Immigration Appeal Division, or an application for judicial review before the Federal Court.

The most important thing you can do is act quickly. Immigration enforcement timelines are often short, and waiting even a few days can affect your legal rights. If CBSA has scheduled a removal interview, issued a removal order, or instructed you to leave Canada, seek legal advice immediately. Early preparation can make a meaningful difference in protecting your future, your family, and your ability to remain in Canada.