What Happens to Your Canadian Employment if You Get a Departure Order?

Working in Canada provides financial stability and a path to permanent residency for thousands of newcomers. However, if you are suddenly issued an enforceable removal order-such as a Departure Order, Exclusion Order, or Deportation Order-your life in Canada changes overnight. Many individuals are confused about what happens to their jobs, whether they can finish out their work week, or if they will simply lose the money they have already earned. Navigating this situation requires a clear understanding of both federal immigration law and provincial employment standards.

Under the Immigration and Refugee Protection Act (IRPA), temporary residents must have valid authorization to work. 📜 When the Canada Border Services Agency (CBSA) issues an enforceable removal order, your temporary status is essentially revoked. Continuing to work not only puts you at risk of immediate detention but also exposes your employer to massive federal fines. If you are facing this crisis in cities like Toronto, Calgary, or Montreal, consulting a local Canadian lawyer from our directory can help you safely untangle your employment ties and claim any outstanding money owed to you.

Step-by-Step Process for Handling Employment After a Removal Order in Canada

When you receive a removal order, the transition out of your Canadian job must happen quickly but lawfully. You have fundamental employment rights, even if you are being asked to leave the country. Following these steps will ensure you are protected and compensated properly.

Step 1: Identifying the Type of Removal Order

First, you must understand exactly what the CBSA has handed you. 📄 A Departure Order gives you 30 days to leave Canada voluntarily. An Exclusion Order or a Deportation Order usually requires immediate compliance and may be enforced by CBSA officers directly. In all cases, once the order is legally enforceable (meaning you have no pending appeals at the Immigration Appeal Division or Federal Court), your work permit is no longer valid, and you must stop working immediately.

Step 2: Informing Your Employer Legally

You must notify your employer or human resources department that you can no longer legally work in Canada. It is an offence under Canadian law for an employer to knowingly employ a foreign national who lacks authorization. Your employer will have to formally terminate your position. Do not attempt to work “under the table” or for cash, as the CBSA actively investigates this, which could lead to your immediate arrest and placement in an immigration holding centre.

Step 3: Collecting Unpaid Wages and Vacation Pay

Provincial employment laws absolutely protect your earned wages. 💰 Whether you worked in Ontario, Alberta, or British Columbia, your employer must pay you for every single hour you worked prior to your termination, plus any accrued vacation pay. An employer cannot legally withhold your final paycheque simply because you are being deported. Your final wages must be paid out on the next regular payday or within a specific timeframe dictated by the province (often within 7 days of termination).

Step 4: Securing Your Record of Employment (ROE)

Your employer is legally obligated by Service Canada to issue a Record of Employment (ROE) within five days of your final pay period. Even if you are leaving Canada, you should ensure this document is submitted to Service Canada. The ROE is the official record of your working hours and earnings, and it is a vital document if you ever return to Canada legally or need to prove your Canadian work experience for a future immigration application.

How Much Does it Cost to Recover Wages in Canada?

If your employer tries to take advantage of your deportation order by refusing to pay your final wages, you have legal avenues to force them to pay. You do not have to walk away empty-handed.

• Filing a Ministry of Labour Claim: Filing a complaint with provincial employment standards is generally 100% free. You can do this online, even after you have returned to your home country.
• Lawyer Consultation Fees: A Canadian employment or immigration lawyer will typically charge $300 to $500 CAD for a consultation to review your rights and contact your employer.
• Legal Demand Letters: Having a law firm draft a demand letter to a non-paying employer usually costs between $500 and $1,500 CAD. Employers often pay immediately once a lawyer gets involved.

How Long Does the Process Take?

If you receive a simple Departure Order, you legally have 30 days to wrap up your affairs and leave Canada. 📅 Collecting your final paycheque should align with your company’s standard payroll cycle, usually within 1 to 2 weeks of your last day. If you have to file a wage claim with a provincial labour board because the employer refuses to pay, the investigation can take anywhere from 3 to 6 months. Thankfully, you can appoint a Canadian lawyer or a trusted friend to manage this claim while you are overseas.

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca