If you are issued a Departure Order in Canada, you have exactly 30 days to leave the country and officially verify your departure with the CBSA at the airport. By voluntarily complying, you avoid having the order automatically escalate into a lifetime Deportation Order, meaning you can apply to return to Canada in the future without paying the $400 CAD Authorization to Return to Canada (ARC) fee.
Receiving a removal order from the Canadian government is an incredibly stressful and life-altering experience. Whether your temporary visa has expired, your refugee claim was denied, or you violated a condition of your stay, Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) will initiate removal proceedings. However, not all removal orders are the same, and how you respond to them dictates your future in Canada.
Negotiating a voluntary departure is often the most strategic move a foreign national can make. If you receive a standard Departure Order, the law provides a grace period to leave on your own terms. Failing to understand the strict rules around this 30-day window can result in permanent legal barriers, making it nearly impossible to ever visit friends, family, or work in cities like Toronto, Vancouver, or Halifax again.
Step-by-Step Process of Voluntary Departure in Canada
Complying with a Departure Order is not as simple as quietly boarding a flight out of Pearson International or Montreal-Trudeau. You must follow a rigid legal process to ensure the Canadian government formally registers your exit. 👨⚖️ Here are the critical steps to execute a voluntary departure successfully.
Step 1: Receiving and Understanding the Order
When you are issued an official Departure Order (form IMM 5238), the clock starts ticking immediately. You have exactly 30 days from the date the order becomes enforceable to leave Canada. It is highly recommended to consult a local Canadian law firm immediately to ensure you understand whether you have rights to appeal to the Immigration Appeal Division (IAD) before you make travel plans.
Step 2: Purchasing Your Own Flight Ticket
Because you are leaving voluntarily, you are entirely responsible for your travel expenses. You must purchase an outbound flight to your home country or a third country that will legally accept you. You cannot simply cross the land border into the United States unless you hold a valid US visa or are a US citizen, as an American refusal of entry will bounce you right back into CBSA custody.
Step 3: Notifying CBSA of Your Travel Plans
Before your flight date, you generally must inform your local CBSA Inland Enforcement office of your itinerary. This shows goodwill and proves you are actively complying with the law. ✈️ Providing your flight number and departure date prevents CBSA from issuing a nationwide warrant for your arrest as the 30-day deadline approaches.
Step 4: Verifying Your Exit at the Airport
This is the most critical step. On the day of your flight, you must present yourself to the CBSA office at your departing Canadian airport. You will hand over your Departure Order, and a border officer will issue you a Certificate of Departure. If you skip this step and just fly home, Canada will legally consider you a fugitive, and your Departure Order will convert into a Deportation Order.
How Much Does it Cost to Comply in Canada?
Voluntary departure is expensive because the financial burden falls entirely on you, but it saves you thousands in future legal fees. 💰 Here is a breakdown of costs you should expect (in CAD):
- Airline Tickets: Generally between $800 CAD and $3,000 CAD, depending on your final global destination.
- Legal Consultations: Hiring a lawyer to review your removal order and advise on future return strategies usually costs between $300 CAD and $800 CAD.
- Future ARC Fees: If you successfully leave within 30 days, you pay $0 to the government to return (standard visa fees apply). If you fail and get deported, you must pay a $400 CAD Authorization to Return to Canada (ARC) processing fee later.
How Long Does the Process Take?
The timeline for a Departure Order is rigid. You have exactly 30 days to leave Canada and verify your exit at the port of departure. 🕑 If your flight is cancelled or delayed by the airline pushing your exit to day 31, your order legally escalates to a Deportation Order. In such emergencies, your lawyer must urgently negotiate with CBSA to secure a written extension before the 30-day deadline expires.
Frequently Asked Questions (FAQ)
What is the difference between a Departure Order and a Deportation Order?
A Departure Order allows you to leave Canada within 30 days and return later without special permission (if you meet normal visa requirements). A Deportation Order is a lifetime ban; you can never return to Canada unless you apply for and are granted an ARC by the federal government.
Can I appeal a Departure Order?
In some cases, yes. Permanent residents, protected persons, and sponsored foreign nationals may have the right to appeal to the Immigration Appeal Division (IAD). If you appeal, the 30-day countdown is paused until a decision is made.
What happens if I cannot afford a plane ticket within 30 days?
If you cannot afford a flight, the 30-day period will expire, and your order will become a Deportation Order. CBSA will eventually arrange and pay for your flight, but you will be banned for life and billed for the removal costs, which you must repay if you ever seek to return.
Do I have to leave Canada if I file for a Pre-Removal Risk Assessment (PRRA)?
If you are eligible and apply for a PRRA, your removal is generally paused (stayed) while the application is reviewed. You do not have to leave Canada until a negative decision is rendered on your PRRA application.
Can CBSA escort me to my flight during a voluntary departure?
Generally, if you are complying voluntarily under a Departure Order, CBSA will not escort you. However, if they suspect you might try to flee the airport, an Inland Enforcement officer may monitor you until you physically board the aircraft.
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