An Administrative Deferral of Removal (ADR) is a temporary Canadian federal policy that pauses deportations to specific countries facing sudden crises, such as natural disasters. If you are from an ADR-designated country, the Canada Border Services Agency (CBSA) generally will not deport you, and you may be eligible to apply for an open work permit while waiting for conditions to improve.
Facing the threat of deportation is an incredibly stressful experience, especially if your home country is suddenly struck by a catastrophic event. In Canada, federal authorities recognise that it is sometimes too dangerous to force individuals to return to a disaster zone. The Administrative Deferral of Removal (ADR) is an emergency measure designed to temporarily halt removal orders. Whether you are living in Toronto, Vancouver, or Calgary, the ADR applies uniformly across the country, as immigration is federally managed by Immigration, Refugees and Citizenship Canada (IRCC) and enforced by the CBSA.
It is vital to understand that an ADR does not grant you permanent legal status. It is merely a temporary pause. Once the Canadian government determines that the immediate crisis in your home country has stabilized, the ADR is lifted, and standard removal proceedings resume. Therefore, utilizing this time to secure a more permanent pathway, such as Humanitarian and Compassionate (H&C) grounds, is generally recommended by Canadian law firms.
Step-by-Step Process for Navigating an ADR in Canada
Because the ADR is an automatic federal policy, you do not technically “apply” for it. However, navigating your life in Canada while under this deferral requires careful steps to ensure you remain compliant with the law and can support yourself financially.
Step 1: Identifying the Federal ADR Status
The first step is verifying if your country of origin is currently under an active ADR. This list is strictly managed by IRCC and can change rapidly based on global events. You can monitor federal announcements or consult a local immigration lawyer in your province, whether that is Ontario, British Columbia, or Alberta. Do not assume your country is on the list simply because it is mentioned in the news; the formal designation is required.
Step 2: Assessing Inadmissibility Exceptions
The ADR is not a blanket protection for everyone. The CBSA retains the right to deport individuals who are deemed a security threat or who have committed a serious crime. If you have been convicted of an indictable offence in Canada, or if you violate human rights, the ADR will not shield you. Maintaining a clean criminal record is essential to benefiting from this deferral.
Step 3: Maintaining Compliance with CBSA
If you have an outstanding removal order, you must continue to follow all conditions imposed by the CBSA. This often includes regular reporting to a local CBSA office or reporting centre in your city. Failing to attend a scheduled check-in can result in an arrest warrant, severely complicating your immigration journey and jeopardizing your safety in Canada.
Step 4: Securing a Temporary Work Permit
One of the primary benefits of being under an ADR is that you may qualify for an open work permit. Because you cannot be removed, the Canadian government generally allows you to enter the labour market to support yourself. You must submit an application directly to IRCC, ensuring you pay the correct processing fees and include proof of your nationality and ADR eligibility.
Step 5: Exploring Permanent Residency Options
Since the ADR is temporary, you should use this time to explore permanent solutions. Many applicants in this situation choose to file an application for Permanent Residence on Humanitarian and Compassionate (H&C) grounds. An H&C application asks an IRCC officer to look at your establishment in Canada, your family ties, and the hardship you would face if returned home. A well-prepared application by a Canadian law firm can help transition your temporary stay into permanent safety.
How Much Does it Cost in Canada?
While there is no fee to benefit from the ADR itself, applying for the necessary permits and permanent residency options involves federal processing fees and potential legal costs in CAD:
- Open Work Permit Fee: $155 CAD processing fee, plus a $100 CAD open work permit holder fee (Total $255 CAD).
- Biometrics Fee: $85 CAD per person (if you have not provided them in the past 10 years).
- H&C Application Fee: $1,185 CAD for the principal applicant.
- Lawyer Fees: Retaining a Canadian law firm to manage an H&C application and work permit filings typically ranges from $4,000 to $7,000 CAD, depending on the complexity of your case.
How Long Does the Process Take?
The duration of an ADR is entirely open-ended. It lasts until the federal government formally lifts it. Processing times for the associated applications vary. Obtaining an open work permit under an ADR generally takes 2 to 4 months. If you submit an H&C application, expect a timeline of 20 to 30 months before a final decision is rendered by IRCC. It is crucial to file these applications as early as possible.
Frequently Asked Questions (FAQ)
Can I travel outside of Canada while under an ADR?
No, travelling outside of Canada when you have an active removal order will trigger the execution of that order. You will likely not be allowed to re-enter the country.
Does the ADR cover my family members?
The ADR applies to individuals who are nationals of the designated country. If your family members share that nationality and are in Canada, they are generally protected as well.
What happens when the ADR is lifted?
Once IRCC lifts the deferral, the CBSA will resume standard removal procedures. If you have not secured another form of legal status, you will be required to leave Canada.
Is an ADR different from a TSR?
Yes. An ADR is usually enacted for short-term environmental crises like earthquakes, while a Temporary Suspension of Removals (TSR) is generally for long-term situations like sustained armed conflict.
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