When a removal order becomes legally enforceable in Canada, your temporary resident status, including your work permit and Social Insurance Number (SIN), typically becomes invalid. Under Canadian law, your employer is strictly obligated to terminate your employment to avoid heavy fines for employing an unauthorized foreign national.
Losing your job is always a difficult experience, but it becomes incredibly complex when the termination is triggered by an immigration issue . Many foreign workers and failed refugee claimants in Canada are shocked to find that upon receiving an enforceable deportation order, their Canadian employers abruptly terminate them without notice. This intersection of provincial labour laws and federal immigration enforcement creates a highly stressful situation for families relying on that income.
Whether you are working in a manufacturing plant in Ontario or a tech firm in British Columbia, employers in Canada use the federal Social Insurance Number (SIN) system managed by Service Canada to verify employment eligibility 💳. When your immigration status is stripped away, so is your legal right to work. This guide outlines how an enforceable removal order impacts your employment, the obligations of your employer, and what steps a local lawyer can take to protect your rights.
Step-by-Step Process: Employment Impacts of a Removal Order in Canada
The transition from being a legally authorized worker to losing your employment rights happens swiftly. Both the worker and the employer must navigate strict federal compliance rules.
Step 1: The Removal Order Becomes Enforceable
Not all removal orders immediately impact your job. If you have just received a decision from the Refugee Protection Division (RPD) and you file an appeal to the Refugee Appeal Division (RAD), your removal order is generally stayed (paused). You can continue working. However, once all appeals and options are exhausted, the Canada Border Services Agency (CBSA) will deem the removal order “enforceable.”
Step 2: Service Canada Invalidates Your SIN
The moment an individual loses their legal temporary resident status in Canada, Immigration, Refugees and Citizenship Canada (IRCC) updates their national database. This information is shared with Service Canada. Your Social Insurance Number, particularly if it starts with a “9” (indicating temporary status), will essentially become invalid for new employment or continued payroll processing.
Step 3: The Employer’s Mandatory Compliance Check
Under the Immigration and Refugee Protection Act (IRPA), it is a serious offence for any Canadian business to knowingly employ a foreign national who is not authorized to work . Employers frequently audit their payroll records. If an employer discovers that your work permit has expired or that your refugee claim has been finally rejected, they must take immediate action to protect themselves from fines of up to $50,000 CAD per unauthorized worker.
Step 4: Formal Termination of Employment
Your employer will legally terminate your employment. Because the termination is caused by a “frustration of contract” (meaning it is legally impossible for you to continue working due to federal law), provincial employment standards in places like Alberta or Nova Scotia generally dictate that the employer does not owe you standard severance pay or working notice. However, they must pay out all earned wages and accumulated vacation pay.
Step 5: Applying for a Stay of Removal with a Lawyer
If you are facing immediate termination and removal, your primary legal option is to hire an immigration law firm to file a motion for a Stay of Removal at the Federal Court. If a federal judge grants the stay, your removal is temporarily paused, and you may be eligible to restore your legal status and work permit, allowing you to return to the labour market safely.
How Much Does Legal Help Cost?
Fighting an enforceable removal order and trying to regain your right to work in Canada is a complex legal battle. The costs can be significant, but they are often necessary to protect your family’s future.
- Federal Court Stay of Removal: Hiring a lawyer for an emergency stay application typically ranges from $4,000 CAD to $8,000 CAD, depending on urgency.
- Humanitarian & Compassionate (H&C) Application: Submitting an H&C application to try and secure permanent residency based on your establishment in Canada generally costs between $3,500 CAD and $6,000 CAD in legal fees.
- Lost Wages: The immediate financial hit of termination means losing out on your weekly salary, making it critical to act quickly before funds deplete.
How Long Does the Process Take?
Once a removal order is enforceable, termination usually happens within days, as soon as the employer’s HR department becomes aware of the status change. If you choose to fight the removal, an emergency Stay of Removal at the Federal Court can be processed in a matter of days or weeks, right before your scheduled removal date. However, if you are attempting to regain your work permit through an H&C application, the IRCC processing time can take anywhere from 18 to 24 months in Canada.
Frequently Asked Questions (FAQ)
Am I entitled to Employment Insurance (EI) if I am terminated due to a removal order?
Generally, no. To be eligible for standard EI benefits in Canada, you must be “ready, willing, and capable of working each day.” Because you have lost your legal authorization to work in the country, Service Canada will usually deny claims for EI regular benefits.
Can my employer withhold my final paycheck?
No. Under provincial labour laws across Canada, your employer must pay you for all the hours you actually worked up until the moment of termination, including any accrued vacation pay. Immigration status does not void your right to be paid for completed work.
What happens if I continue to work “under the table” for cash?
Working without authorization is a serious violation of the IRPA. If caught by the CBSA, you will likely be arrested, detained in an immigration holding centre, and your removal from Canada will be aggressively expedited. It also severely damages any future applications to return to Canada.
Can an employer sponsor me to stop the deportation?
Usually, an employer cannot stop a deportation. Even if an employer applies for a Labour Market Impact Assessment (LMIA) to support you, an active, enforceable removal order takes precedence over new work permit applications. You must resolve the removal order first.
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