Canadian employers can play a vital role in preventing the deportation of essential staff by providing robust letters of support, sponsoring specialized immigration lawyers, and actively supporting alternative pathways like Humanitarian and Compassionate (H&C) applications or Temporary Resident Permits (TRPs) to keep crucial talent in the country.
When a highly valued temporary foreign worker unexpectedly receives a removal order from the Canada Border Services Agency (CBSA), it sends shockwaves through the entire organization. Whether you run a bustling tech firm in Toronto, an agricultural enterprise in Saskatchewan, or a busy hospitality group in Halifax, losing a specialized employee abruptly can devastate your daily operations and bottom line.
Employers are not legally required to assist an employee facing deportation. However, from a corporate retention and human resources perspective, fighting to keep a trusted, trained staff member is often far more cost-effective than starting the recruitment process from scratch. 💬 While only a licensed Canadian immigration lawyer can provide legal counsel to the worker, your corporation can leverage its resources, reputation, and Canadian footprint to heavily influence the final outcome.
Step-by-Step Process for Employers Supporting Facing Removal
Intervening in a federal immigration matter requires coordination between your HR department, corporate legal counsel, and the employee’s dedicated immigration lawyer. Here is how a Canadian business can effectively step in.
Step 1: Sponsoring Premium Legal Representation
An employee facing imminent deportation is likely overwhelmed financially and emotionally. 💰 The most impactful first step an employer can take is to fund their legal defence. By retaining a top-tier Canadian immigration law firm on behalf of the employee, you ensure they have immediate access to experts who can file emergency motions, such as a Request for a Deferral of Removal to CBSA or a Stay of Removal at the Federal Court.
Step 2: Drafting an Overwhelmingly Strong Support Letter
Immigration officers possess broad discretionary powers when reviewing deferral requests or alternative applications. Your company must draft an extensive Letter of Support. This letter must go far beyond a standard reference. It needs to detail precisely why the employee is irreplaceable, the catastrophic economic impact their removal would have on your Canadian business (such as lost revenue or the potential laying off of Canadian citizens), and their stellar integration into the local workforce.
Step 3: Supporting a TRP or H&C Application
If the removal order cannot be legally cancelled, the lawyer will likely attempt an alternative route. 📁 A Temporary Resident Permit (TRP) or a Humanitarian and Compassionate (H&C) application relies heavily on proof of establishment in Canada. Employers can provide ongoing performance reviews, proof of promotions, pay stubs, and affidavits from Canadian colleagues to prove that the employee has deeply rooted themselves in the Canadian economy and community.
Step 4: Managing the LMIA and Future Employment Strategy
If the employee is ultimately removed from Canada on a Departure or Exclusion Order, it is still possible to bring them back. HR can begin preparing a new Labour Market Impact Assessment (LMIA) through Service Canada while the employee’s lawyer applies for an Authorization to Return to Canada (ARC). This shows IRCC that a legitimate Canadian job is eagerly waiting for their lawful return.
Employer Support Options & Corporate Impact
| Employer Action | Purpose in Immigration Law | Impact on Business Retention |
|---|---|---|
| Funding a Federal Court Stay of Removal | Temporarily pauses the deportation while a judge reviews the case. | High. Keeps the employee working legally while the case is fought. |
| Corporate Letter of Support for H&C | Proves deep economic establishment and hardship to a Canadian business. | Medium. H&C takes years, but strong employer backing heavily increases approval odds. |
| Processing a New LMIA for ARC | Facilitates legal re-entry after a standard removal order is executed. | Long-term. Secures the employee’s legal path back to the company in the future. |
How Much Does It Cost the Employer in Canada?
Corporate sponsorship of an employee’s deportation defence is a substantial financial investment. It is generally weighed against the exorbitant cost of executive or specialized technical recruiting.
- Emergency Immigration Lawyer Fees: Retaining counsel for a last-minute Federal Court Stay of Removal typically costs between $5,000 and $12,000 CAD.
- H&C Application Legal Fees: Preparing a comprehensive Humanitarian and Compassionate application ranges from $4,000 to $8,000 CAD.
- Government Filing Fees: The IRCC processing fee for an H&C application is $570 CAD per adult, and a TRP application is $229 CAD.
- LMIA Processing Fee: If a new LMIA is required to bring them back later, the Service Canada fee is a non-refundable $1,000 CAD.
How Long Does the Process Take?
Immigration enforcement timelines are incredibly strict, while appeal processing times are notoriously slow. 📅
- CBSA Removal Notice: Employees usually receive a Direction to Report from CBSA giving them only 2 to 4 weeks’ notice before their scheduled flight.
- Stay of Removal Decision: A Federal Court judge will typically rule on an emergency Stay of Removal within 24 to 48 hours of the scheduled deportation.
- H&C Processing: An application based on Humanitarian and Compassionate grounds currently takes approximately 20 to 24 months for IRCC to process.
- ARC Processing: Applying for an Authorization to Return to Canada can take anywhere from 6 to 12 months, depending on the visa office abroad.
Frequently Asked Questions (FAQ)
Is it legal for our company to pay an employee’s immigration legal fees?
Yes, absolutely. Canadian businesses are fully permitted to cover legal expenses as part of a corporate retention strategy or employee benefits package. However, the lawyer ultimately represents the employee, not the employer, meaning lawyer-client privilege rests with the worker.
Does supporting an H&C application stop the deportation automatically?
No. Merely filing an H&C application does not generate an automatic legal stay of removal. CBSA can, and often does, deport individuals who have pending H&C applications. A formal deferral request or Federal Court order is required to pause the flight.
Can an employee keep working if they receive a removal order?
It depends heavily on the specific status of their work permit and the type of removal order. In many cases, once a removal order becomes legally enforceable, their temporary resident status and associated work authorization may be invalidated. HR must review their SIN and permit validity strictly.
Will our company get in trouble with CBSA for supporting the worker?
No. Providing truthful letters of employment, positive character references, and funding legal avenues are completely lawful activities. As long as the company does not hide the employee from authorities or employ them without valid legal authorization, there is no corporate liability.
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