If you are deported by the CBSA while a Permanent Residence or Work Permit application is still pending, IRCC will generally not refund your processing fees if they have already started reviewing the file. However, specific fees, such as the Right of Permanent Residence Fee (RPRF) and employer compliance fees, are fully refundable if the application was never finalized.
Understanding Deportation and IRCC Processing Fees
Being issued a removal order by the Canada Border Services Agency (CBSA) is a devastating experience. Often, foreign nationals facing deportation have already invested thousands of dollars into pending applications with Immigration, Refugees and Citizenship Canada (IRCC), hoping to secure a Work Permit, a Study Permit, or Spousal Sponsorship. When the CBSA enforces your removal from Toronto, Vancouver, or Montreal, those pending applications are essentially rendered useless, as you will become legally inadmissible to return to Canada without an Authorization to Return to Canada (ARC).
A common question among deportees is whether the Canadian government will keep their hard-earned money. 📍 The federal rules regarding refunds are extremely strict and revolve around one crucial concept: whether “processing has begun.” IRCC does not refund money simply because an application was unsuccessful or interrupted by deportation. If an immigration officer has opened your file and started their legal assessment, your processing fee is forfeited. Navigating the withdrawal of applications and demanding rightful refunds often requires the administrative expertise of a Canadian law firm.
Step-by-Step Process: Securing Refunds During a Removal
If you know your deportation is imminent, you must be strategic about your pending IRCC applications. Here is the standard legal approach to maximizing your chances of getting your money back.
Step 1: Identify Which Fees are Refundable
First, look at your receipts. The base “processing fee” for a PR or Work Permit application is non-refundable once an officer starts reviewing it. However, the Right of Permanent Residence Fee (RPRF) is always refundable if you do not become a PR. Similarly, the Open Work Permit Holder fee ($100) and the Employer Compliance fee ($230) are refundable if the permit is refused or withdrawn before issuance.
Step 2: Formally Withdraw the Application Before Departure
Do not wait until you are sitting on the deportation flight. 🗂 If your application is still in the queue and processing has not begun, your lawyer should immediately submit a formal withdrawal request via the IRCC Webform. If IRCC registers the withdrawal before an officer opens the file, you are legally entitled to a full refund of all fees, including the base processing fee.
Step 3: Update Your Contact and Banking Information
Refunds are typically issued back to the original credit card used for the payment. If that credit card is expired or closed, IRCC will issue a cheque. Because you are being deported, you will not be at your Canadian mailing address. You must update your address to your home country or have your Canadian law firm act as your representative to receive the cheque.
Step 4: Monitor the Refund and Submit Enquiries
Once the withdrawal is accepted or the application is officially refused due to your deportation, the refund process is supposed to be automatic. However, bureaucratic errors happen. If you have not received your eligible RPRF or compliance fee refund after several weeks, your lawyer must submit an official billing inquiry to the IRCC finance department in Ottawa.
How Much Can You Get Refunded in Canada?
The amount of money you can recover depends entirely on the type of application you submitted. 💵 Here is a breakdown of common IRCC fees and their refundability upon deportation:
| Fee Type | Cost (CAD) | Refund Policy if Deported |
|---|---|---|
| Right of Permanent Residence Fee (RPRF) | $600 | 100% Refundable. You did not become a PR, so this fee must be returned. |
| PR Processing Fee (e.g., Spousal) | $570+ | Non-Refundable (unless you withdrew the file before processing began). |
| Biometrics Fee | $85 | Non-Refundable if you already went to Service Canada to give your fingerprints. |
| Open Work Permit Holder Fee | $100 | 100% Refundable if the permit was not issued prior to your deportation. |
How Long Does the Refund Process Take?
Receiving money back from the federal government requires patience. Once an application is officially withdrawn or refused, it typically takes IRCC 6 to 12 weeks to process a refund to a credit card. If a physical cheque must be issued and mailed internationally to your home country following your deportation, the process can easily take 3 to 5 months due to global postal delays.
Frequently Asked Questions (FAQ)
Does CBSA pay for my flight when I am deported?
If you cannot afford a ticket, the CBSA will purchase the airline ticket to remove you from Canada. However, this is not free. You will carry a debt to the Crown, and you can never return to Canada until you repay the exact cost of that flight to the Canadian government.
Can I sue IRCC to get my processing fees back?
No. Under the Financial Administration Act, the government is legally allowed to keep processing fees to cover the administrative cost of reviewing your file. Lawsuits demanding refunds for properly processed but refused files will be dismissed by the Federal Court.
What happens if my lawyer paid the fees on their credit card?
If a law firm or immigration consultant used their corporate credit card to pay your IRCC fees, the refund will automatically go back to their card. You must coordinate with your lawyer to have them transfer the refunded amount to your personal bank account.
If I am deported, is my Canadian bank account frozen?
Deportation itself does not automatically freeze your personal Canadian bank accounts. However, it will become very difficult to manage the account from abroad. It is highly recommended to transfer your funds and close the account before your removal flight.
Will IRCC refund my medical exam fees?
No. Immigration Medical Exams (IMEs) are paid directly to private Panel Physicians, not to the federal government. IRCC has no control over these funds, and the clinic will not refund you simply because you were deported.
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