Temporary Suspension of Removals (TSR): Countries Canada Currently Cannot Deport You To

Canada has a long-standing commitment to human rights and international protection. When a country descends into widespread violence, war, or systemic human rights abuses, the Canadian federal government may issue a Temporary Suspension of Removals (TSR). This policy acknowledges that returning civilians to such environments would put their lives at grave risk. Whether you are currently residing in Montreal, Ottawa, Edmonton, or a smaller rural community, the TSR is applied equally across all provinces, from Quebec to Alberta, under federal law.

Being under a TSR is a profound relief for many, but it is important to remember that it is not a permanent visa. The Canada Border Services Agency (CBSA) suspends the physical execution of the deportation, but your removal order remains legally valid in the background. To build a secure future, individuals typically use the TSR period to establish themselves in the labour market and pursue an eventual pathway to Permanent Residence through established immigration channels.

Step-by-Step Process During a TSR in Canada

Living under a TSR requires you to interact proactively with federal immigration agencies. Understanding how to manage your status and secure your right to work is critical for your well-being in Canada.

Step 1: Verifying the National TSR List

First, you must confirm that your country of citizenship is actively on the TSR list. Immigration, Refugees and Citizenship Canada (IRCC) publishes this list on their official federal website. The list is updated based on geopolitical assessments. If you are unsure, consulting with a specialized lawyer or checking directly with a local IRCC office is the safest approach.

Step 2: Navigating the Inadmissibility Exceptions

Just like other deferrals, the TSR has strict limits. If you have been found inadmissible to Canada on grounds of criminality, national security, or organized crime, the TSR will not shield you. Individuals convicted of an indictable offence or those deemed a danger to the public will still face aggressive removal enforcement by the CBSA, regardless of the conditions in their home country.

Step 3: Securing Work Authorization

To survive and integrate into Canadian society, you need an income. Fortunately, foreign nationals under a TSR with a pending removal order generally qualify for an open work permit. This allows you to work for almost any employer in any province. You must submit your application to IRCC, complete with a copy of your passport, evidence of your nationality, and the required government fees.

Step 4: Handling Interim Federal Health Program (IFHP)

Healthcare is a vital concern. If you are under a removal order and cannot return home due to a TSR, you may be eligible for emergency and basic health coverage through the Interim Federal Health Program (IFHP). This federal program bridges the gap until you can qualify for provincial healthcare plans, like RAMQ in Montreal or OHIP in Ontario.

Step 5: Transitioning to Permanent Residency

A TSR can last for years, but it will eventually end. The most common proactive step is to apply for Permanent Residence on Humanitarian and Compassionate (H&C) grounds. Because you have likely built a life, secured employment, and established community ties in Canada during the TSR, an H&C application relies on these factors to convince an IRCC officer that returning you home would cause disproportionate hardship.

How Much Does it Cost in Canada?

While avoiding deportation is the primary benefit, formalizing your stay and securing permits involves substantial costs. Fees are standard across the country in CAD:

• Open Work Permit Application: $255 CAD (includes the $155 processing fee and $100 open permit holder fee).
• H&C Application Base Fee: $1,185 CAD for adults, and $260 CAD for dependent children.
• Right of Permanent Residence Fee (RPRF): $575 CAD (paid if the H&C is approved).
• Law Firm Fees: Hiring a reputable Canadian lawyer to assist with complex H&C filings and work permits usually ranges between $3,500 and $7,500 CAD.

How Long Does the Process Take?

A TSR remains in effect indefinitely until the federal government officially revokes it. Processing an open work permit under these conditions typically takes around 2 to 5 months. If you apply for H&C permanent residency, the processing time is notoriously long, often taking 24 to 36 months to receive a final decision from IRCC.

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca