Filing a Humanitarian and Compassionate (H&C) application does not automatically stop your deportation. Because Stage 1 processing can take up to 24 months, you may need to urgently apply for an Administrative Deferral of Removal (ADR) from the CBSA or a stay from the Federal Court if you receive a removal date.
Living under the constant threat of deportation is a terrifying reality for many foreign nationals in Canada. Whether you have established deep roots in Toronto, Winnipeg, or Montreal, facing a removal order can shatter your life. Many applicants turn to a Humanitarian and Compassionate (H&C) application as a last resort, hoping it will secure their permanent residence based on their establishment in Canada and the best interests of any children involved. 👪
However, a dangerous misconception exists: many people believe that simply submitting an H&C application puts a legal pause on their deportation. Under Canadian immigration law, this is absolutely false. Until your application reaches “Stage 1 Approval” (Approval in Principle), the Canada Border Services Agency (CBSA) can and will continue to enforce your removal order. Navigating this risky waiting period requires immediate and strategic legal action. 🚨
Step-by-Step Process in Canada
Immigration and deportation rules are strictly federal, meaning the process operates the exact same way in British Columbia as it does in Nova Scotia. Because an H&C application takes so long to process, you must be prepared to fight Inland Enforcement while you wait. Here is the step-by-step process to manage both the application and the threat of removal. 📝
Step 1: Submitting a Strong H&C Application
Your immigration law firm will compile evidence of your life in Canada. This includes proof of employment, volunteer work, community ties, and detailed letters explaining the hardship you would face if forced to return to your home country. Once submitted to Immigration, Refugees and Citizenship Canada (IRCC), you enter the long waiting period for Stage 1. ⏳
Step 2: Receiving the Direction to Report (DTR)
While IRCC is slowly reviewing your H&C file, the CBSA may summon you for a removal interview. They will issue a “Direction to Report” demanding that you show up with your passport to finalize your flight itinerary. You absolutely must attend this meeting; failing to show up will result in an immediate Canada-wide arrest warrant. 🚫
Step 3: Requesting an Administrative Deferral of Removal (ADR)
Once you have a fixed removal date, your lawyer will formally request an Administrative Deferral of Removal from the CBSA enforcement officer. You are essentially asking the officer to temporarily pause the deportation because your H&C application is well-developed and has been pending for a long time. The CBSA officer has full discretion to grant or deny this deferral. 👮
Step 4: Filing for a Stay in Federal Court
If the CBSA refuses your deferral request, your final option is to rush to the Federal Court of Canada. Your law firm will file an emergency motion for a “Stay of Removal.” You must prove to a federal judge that you will suffer irreparable harm if deported before IRCC finishes processing your pending H&C application. ⚖️
Step 5: Achieving Stage 1 (Approval in Principle)
If you successfully delay the CBSA, you eventually reach Stage 1 of the H&C process. At this milestone, IRCC officially agrees that your case warrants humanitarian relief. Once Stage 1 is granted, a statutory stay of removal is automatically triggered, meaning the CBSA can no longer legally deport you while you wait for Stage 2 (medical and background checks). 🎉
How Much Does it Cost in Canada?
Fighting a deportation while an H&C is processing is one of the most expensive legal battles in the Canadian immigration system. As of June 2026, here are the general costs in Canadian dollars (CAD):
- IRCC H&C Application Fees: The government fee is $575 CAD per adult and $150 CAD per dependent child, plus the $515 CAD Right of Permanent Residence Fee.
- Federal Court Filing Fee: Submitting an emergency motion for a Stay of Removal costs $50 CAD in court fees.
- Law Firm Fees (H&C): Preparing a comprehensive H&C application generally costs between $4,000 and $7,000 CAD.
- Law Firm Fees (Federal Court Stay): Hiring a litigator to fight for a judicial Stay of Removal at the Federal Court typically costs an additional $3,500 to $8,000 CAD.
| Application Stage | Protects Against Deportation? | Required Action |
| H&C Submitted (Pending) | No automatic protection | Must request ADR or Federal Stay |
| Stage 1 Approval (In Principle) | Yes, fully protected | Complete medicals / police checks |
| Stage 2 Approval (Final) | Permanent Resident Status | Receive PR Card |
How Long Does the Process Take?
Patience and legal vigilance are required, as processing times are extremely slow. As of mid-2026, a standard H&C application takes roughly 18 to 24 months to reach Stage 1 (Approval in Principle). During this entire period, you are entirely vulnerable to CBSA enforcement. 📅
If you receive a removal date, the timeline for an emergency deferral is measured in days. A Federal Court judge will often hear an emergency motion for a Stay of Removal just 24 to 48 hours before your scheduled flight. If you survive this and reach Stage 1, the final Stage 2 processing for permanent residence usually takes an additional 6 to 12 months. 🕑
Frequently Asked Questions (FAQ)
Can I work in Canada while my H&C application is processing?
Simply applying for an H&C does not give you an automatic right to work. However, if you already have a valid work permit (e.g., from a refugee claim), you can usually renew it. If you do not, you generally cannot get a work permit until you reach Stage 1 Approval.
What happens if CBSA deports me before Stage 1?
If your deferral and Federal Court stay are denied, you will be deported. However, IRCC will actually continue to process your H&C application while you are outside of Canada. If it is eventually approved, you will be allowed to return as a Permanent Resident.
Will having a Canadian-born child stop my deportation?
No. Having a Canadian citizen child does not prevent the CBSA from deporting the parents. The child’s “Best Interests” will be highly weighted in your H&C application, but it does not pause the removal order automatically.
How long does it take the CBSA to answer a deferral request?
The CBSA enforcement officer usually responds to an Administrative Deferral of Removal (ADR) request within a few days to a couple of weeks, depending on how close your scheduled flight date is.
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