Working for an unapproved employer or accepting cash jobs violates Section 41 of the IRPA and can trigger an immediate Canada Border Services Agency (CBSA) investigation. Fighting deportation at an admissibility hearing generally requires a Canadian immigration lawyer, with legal fees typically ranging from $3,000 to $7,000 CAD.
As a temporary foreign worker in Canada, your legal status is usually tied to a specific employer on a closed work permit. Taking on a second job for cash, or moving to a different company without updating your paperwork, is commonly known as working “under the table.” While it might seem like a small rule to bend, the Canadian government takes this extremely seriously. 👮♂️
Working without proper authorization is a direct violation of Section 41 of the Immigration and Refugee Protection Act (IRPA). If the Canada Border Services Agency (CBSA) discovers this non-compliance, you could face severe consequences, including an Exclusion Order that bans you from Canada for at least one year. Whether you are living in bustling Toronto, Calgary, or Vancouver, the federal laws governing deportation remain strictly the same. Hiring a local law firm from our directory is strongly recommended to protect your rights.
Step-by-Step Defence Process in Canada
Because immigration enforcement is handled federally, the process is consistent across Ontario, Alberta, British Columbia, and all other provinces. Defending yourself against removal proceedings involves navigating administrative tribunals rather than standard criminal courts. Generally, your lawyer will guide you through the following vital steps. 📄
Step 1: Navigating the CBSA Interview
The process usually begins when CBSA officers contact you or visit your workplace to conduct an interview. You have the right to legal representation during this process. Anything you say can be used against you, so it is highly advisable not to sign any voluntary departure forms or make statements without consulting a Canadian lawyer first.
Step 2: The Section 44 Report
If the officer believes you have violated the conditions of your work permit, they will write a “Section 44 Report.” 📝 This is an official document outlining exactly how you broke the rules under the IRPA. The report is then reviewed by a Minister’s Delegate. At this crucial stage, your lawyer can submit legal arguments asking the delegate to issue a warning rather than proceeding with deportation.
Step 3: Attending the Admissibility Hearing
If the Minister’s Delegate decides to proceed, your case will be sent to the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB) for an admissibility hearing. This is a formal proceeding where a decision-maker listens to both the CBSA and your defence. Your lawyer can present evidence, question witnesses, and argue why a removal order should not be issued.
Step 4: Filing for Judicial Review
If the Immigration Division issues a removal order, your options become limited. 🗂️ You may have the right to ask the Federal Court of Canada to review the decision. This is called a Judicial Review, and it requires proving that the decision-maker made a legal error or was procedurally unfair.
How Much Does a Deportation Defence Cost in Canada?
Defending against deportation is a complex legal process that requires specialized knowledge of federal immigration law. While the government fees are minimal, professional legal fees represent the primary cost. As of May 2026, you can generally expect the following costs in CAD:
| Expense Type | Estimated Cost (CAD) |
|---|---|
| Federal Court Filing Fee (Judicial Review) | $50 CAD |
| Lawyer Fees (CBSA Interview Support) | $1,000 – $2,500 CAD |
| Lawyer Fees (Admissibility Hearing) | $3,000 – $7,000+ CAD |
| Translation and Interpreter Services | $200 – $600 CAD |
Keep in mind that many Canadian immigration law firms offer payment plans. 💰 A strong defence is an investment in your future ability to live and work in Canada.
How Long Does the Process Take?
The timeline for deportation proceedings can vary widely based on the CBSA’s current backlog. An initial investigation might take anywhere from a few weeks to several months. If your case is referred to the Immigration Division, it typically takes 3 to 6 months to get a hearing date. If you pursue a Judicial Review at the Federal Court, the process can add another 6 to 12 months to your timeline.
Frequently Asked Questions (FAQ)
Can I continue working while I wait for my hearing?
If your original work permit is still valid, you may technically retain your temporary status until a removal order is issued. However, you absolutely must not work for any unapproved employers, or you will further damage your case.
What is an Exclusion Order in Canada?
An Exclusion Order is a specific type of removal order issued by the Canadian government. It generally bans you from returning to Canada for one year. If the order was issued for misrepresentation, the ban increases to five years.
Will marrying a Canadian citizen stop my deportation?
No, marriage does not automatically stop deportation proceedings. While your spouse can file an inland spousal sponsorship application, the CBSA can still execute a removal order before the application is processed. Your lawyer may need to request an Administrative Deferral of Removal (ADR).
Can the CBSA detain me during the investigation?
Yes. The CBSA has the authority to arrest and detain foreign nationals if they believe the person is a “flight risk” (unlikely to appear for a hearing) or a danger to the public. If detained, you have the right to a detention review hearing within 48 hours.
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