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Find a Lawyer » Canada Legal Guides » Immigration & Visas Canada » Refugee & Deportation Defence Canada » Can You Apply for Canadian Citizenship While Under a Removal Order?

Can You Apply for Canadian Citizenship While Under a Removal Order?

20 Jun 2026 4 min read No comments Refugee & Deportation Defence Canada
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Under Section 22 of the Citizenship Act, you are strictly prohibited from being granted Canadian citizenship if you are subject to an active removal order. The basic application fee is $630 CAD, but IRCC will halt or refuse your application until the deportation issue is legally resolved.

Becoming a Canadian citizen is the ultimate milestone for most immigrants, offering the security of a permanent passport and the right to vote. However, if you have run into serious legal trouble or violated the conditions of your permanent residency, the Canada Border Services Agency (CBSA) may issue a removal order against you. 📍 Many individuals mistakenly believe that rushing to apply for citizenship will somehow cancel out their deportation.

This is a dangerous misconception. Immigration, Refugees and Citizenship Canada (IRCC) works hand-in-hand with CBSA to enforce the laws. According to the Citizenship Act, a removal order acts as an absolute bar to citizenship. 🏢 To navigate this severe legal obstacle in Ontario, Alberta, or anywhere else in Canada, you almost always need the strategic intervention of a specialized immigration law firm.

Step-by-Step Process in Canada: Resolving the Removal Order

You cannot bypass a removal order; you must confront it directly. Whether the order was issued due to a criminal conviction, misrepresentation, or failing to meet residency obligations, the path forward requires resolving the enforcement action first. 📄 Here is the general process.

Step 1: Identifying the Type of Removal Order

There are three types of removal orders in Canada: Departure Orders, Exclusion Orders, and Deportation Orders. A Deportation Order is the most severe, permanently barring you from returning to Canada without special permission. 🚨 You must understand exactly what type of order is on your file, as this dictates your legal options.

For instance, if you are a Permanent Resident who committed a serious crime (an indictable offence), CBSA will issue a Deportation Order. Once this order is issued, your citizenship eligibility is immediately frozen. Applying for citizenship at this stage is a waste of time and money, as IRCC will simply return or refuse the application under Section 22.

Step 2: Challenging the Removal Order Legally

Before you can ever hope to become a citizen, your lawyer must fight to have the removal order overturned or stayed. Depending on your situation, this might involve filing an appeal with the Immigration Appeal Division (IAD) or seeking a Judicial Review at the Federal Court of Canada. ⚔️

If you have a right of appeal to the IAD (for example, appealing on humanitarian and compassionate grounds), your removal order is considered “unenforceable” while the appeal is pending. However, the citizenship bar still applies. You must actually win the appeal and have the order completely quashed before IRCC will resume processing any citizenship requests.

Step 3: Submitting the Citizenship Application

Only after your removal order has been legally cancelled and your Permanent Resident status is confirmed to be in good standing should you apply for citizenship. You must gather all your documents, calculate your physical presence days carefully, and fill out the IRCC application forms. 📤 Be fully transparent on the application about your past interactions with CBSA, as hiding previous immigration enforcement is considered misrepresentation.

How Much Does it Cost in Canada?

The financial burden of dealing with a removal order far exceeds the standard citizenship fees. You must prepare to cover substantial legal costs to save your permanent residency before paying government fees. 💰 All values are in Canadian dollars (CAD).

Service / Fee TypeAverage Cost (CAD)Details
Canadian Citizenship Application Fee$630$530 processing fee + $100 right of citizenship fee.
Federal Court Filing Fee$50Government fee for Judicial Review.
Lawyer Fees (IAD Appeal)$4,000 – $8,000Law firm fees to fight the removal order at the IAD.
Lawyer Fees (Federal Court)$5,000 – $10,000Legal representation for complex litigation.

How Long Does the Process Take?

Resolving this issue is a long-term battle. Fighting a removal order at the IAD can take anywhere from 12 to 24 months due to heavy backlogs. ⌛ If you have to go to Federal Court, expect another 6 to 12 months.

Once the removal order is officially overturned, and assuming you meet all other physical presence requirements, submitting your Canadian citizenship application will enter the standard processing queue. As of May 2026, standard IRCC processing times for citizenship are approximately 8 to 12 months.

Frequently Asked Questions (FAQ)

What happens to my PR status when a removal order is issued?

You generally remain a Permanent Resident until the removal order becomes legally enforceable (e.g., after all appeals are exhausted or timelines have passed). Once it is enforced, you lose your PR status.

Will IRCC refund my $630 fee if my citizenship is refused due to a removal order?

IRCC will refund the $100 Right of Citizenship fee, but they will keep the $530 processing fee because they technically processed the application to determine you were ineligible.

Can I apply for citizenship while on probation?

No. Similar to the removal order rules, the Citizenship Act bars anyone who is currently on probation, parole, or serving a sentence for an offence from becoming a citizen.

Do I lose my physical presence days while fighting a removal order?

Time spent in Canada under a conditional removal order or while in prison does not count toward the required physical presence days for citizenship.

Should I mention my cancelled removal order on my citizenship application?

Yes, absolutely. Always tell the truth on immigration forms. A resolved removal order will not prevent citizenship, but lying about your past will lead to refusal for misrepresentation.

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