Does filing an H&C application automatically stop IRCC from removing me?
No. Filing an H&C application does not, by itself, pause or stop an enforceable removal order, which is one of the most important and most commonly misunderstood aspects of the process. An H&C application and a removal order operate on largely separate tracks, and having one pending does not automatically create protection from the other.
If removal is scheduled or imminent while an H&C application is pending, a separate step is generally needed to try to address that — such as requesting a deferral of removal from CBSA based on specific, compelling circumstances, or, in some situations, seeking a court order. Neither of these is automatic or guaranteed, and each involves its own distinct legal test, separate from the merits of the H&C application itself.
Because assuming an H&C application provides automatic protection from removal is a serious and sometimes irreversible mistake, anyone with a pending or planned H&C application who is also facing an active removal order should get legal advice immediately about what specific steps, if any, might address the removal timeline, rather than relying on the application alone.
Key takeaways
- Filing an H&C application does not automatically pause or stop an enforceable removal order.
- The two processes generally run on separate tracks rather than being linked together.
- A deferral request or court order may be needed separately to address an imminent removal.
- Get legal advice immediately if facing both an active removal order and a pending H&C application.