Canada’s immigration regulations recognize that some foreign nationals may need to work while their status is being resolved. Section 206 of the Immigration and Refugee Protection Regulations (IRPR) allows work permits to be issued to individuals who cannot support themselves without employment, including:
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Refugee claimants whose case has been referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) but has not yet been decided [R206(1)(a)].
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Individuals subject to an unenforceable removal order [R206(1)(b)].
When is a Removal Order Enforceable in Canada?
Under Canada’s immigration law, a removal order only becomes enforceable when it comes into force and all conditions for a stay are lifted. Until then, many removal orders remain “on hold.”
Conditional Removal Orders for Refugee Claimants
Most refugee claimants are issued conditional removal orders, which remain unenforceable while their claim is being decided. The Immigration and Refugee Protection Act (IRPA) outlines specific situations when a removal order comes into force for claimants.
Who Else Has an Unenforceable Removal Order?
Several categories of people may be under a removal order but cannot actually be removed from Canada until certain steps are completed:
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Failed refugee claimants who are appealing their Immigration and Refugee Board decision.
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Pre-Removal Risk Assessment (PRRA) applicants, while their assessment is pending.
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Individuals granted a stay by the Federal Court.
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Nationals of countries under a temporary stay of removal, imposed by the Minister.
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Foreign nationals serving a prison term in Canada, including time on parole.
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Individuals awaiting removal who cannot be removed due to circumstances beyond their control, such as being unable to obtain travel documents despite cooperation with CBSA.
Travel Documents and Work Permits
Simply lacking a passport does not automatically make a person eligible for a work permit. The individual must show that they tried to obtain a passport but were refused for reasons beyond their control (for example, a written refusal from their consulate or confirmation from CBSA). If evidence is weak, immigration officers will often confirm with CBSA whether the person is genuinely cooperating with removal procedures.
Internal IRCC Documents