Can You Apply for Citizenship If You're Facing a Removal Order?

If you’re a permanent resident dealing with an unresolved immigration problem, it’s tempting to think you can sidestep it by applying for citizenship instead. That instinct is understandable, but Canadian citizenship law specifically screens out applicants whose status is still in question — and an outstanding removal order is one of the clearest examples.

This matters because a citizenship application doesn’t pause or protect you from removal, and filing one while an enforcement matter is open can waste months of processing time and draw more scrutiny to your file, not less. Understanding why this bar exists, and what actually counts as "resolved," helps you plan around it instead of hoping the timing works out on its own.

Why Citizenship Law Screens Out Unresolved Cases

The Citizenship Act sets out who qualifies for a grant of citizenship, including physical presence in Canada and other standard requirements. But eligibility isn’t just about ticking boxes — the law also excludes people whose immigration or criminal status is still unsettled, even if they’d otherwise qualify on paper.

The logic is straightforward. Citizenship is the most permanent status Canada grants. The government isn’t going to finalize that step while a separate, more basic question — whether you’re allowed to remain in Canada at all — is still being decided. A pending removal order, an open admissibility hearing, or certain unresolved criminal matters all fall into this category.

What Counts as "Facing a Removal Order"

Several situations can put you in this position, and they’re broader than people often assume:

• A removal order (departure, exclusion, or deportation order) has been issued against you and hasn’t been overturned, stayed, or fully carried out.
• You have an appeal or stay application pending before the Immigration Appeal Division or the Federal Court about that order.
• You’re under an active investigation or admissibility hearing that could still result in a removal order being issued.
• You’re the subject of an immigration warrant, or you haven’t complied with the terms of a previous removal order.
• You’re facing certain outstanding criminal charges that could affect your immigration status alongside the citizenship question.

Even a long-time permanent resident who otherwise meets every physical-presence requirement can find their citizenship application put on hold — or refused outright — because one of these issues is still open.

What Happens If You Apply Anyway

Nothing about filing a citizenship application changes or pauses a removal proceeding. If you submit an application while a removal order or related enforcement matter is outstanding, a few things typically happen:

1. Your file may simply be placed on hold pending resolution of the other matter, sometimes for a long stretch.
2. If the underlying issue isn’t resolved, the application can be refused as premature rather than assessed on the merits.
3. Any inconsistency between what you told IRCC on your citizenship forms and what’s already on your immigration file can draw additional scrutiny, including concerns about misrepresentation.

In short, applying early doesn’t buy you anything — and it can create new problems on top of the one you already have.

Resolving Your Status Before You Apply

1. Get a clear, documented picture of your status. Request your immigration file or speak with a lawyer to confirm exactly what’s open against you — a removal order, a pending appeal, an admissibility hearing, or something else.
2. Address the underlying issue directly. Depending on your situation, that might mean appealing the removal order, applying for a stay, or pursuing humanitarian and compassionate (H&C) consideration under the Immigration and Refugee Protection Act.
3. Get written confirmation the matter is closed. Don’t assume time has quietly resolved things — get it in writing from IRCC or the Immigration and Refugee Board before treating yourself as clear to apply.
4. Recalculate your physical-presence eligibility. Time spent fighting a removal issue doesn’t automatically count in your favour, so re-check your presence days once your status is settled.
5. Apply only once your file is genuinely clean. A citizenship application filed after the underlying issue is fully resolved has a real chance of proceeding without a hold.

A Word on Humanitarian and Compassionate Consideration

H&C relief is sometimes raised as a way out of a removal situation, but it’s an exceptional, discretionary pathway — not a routine one. It requires genuine hardship-type factors, including the best interests of any child affected, and there’s no guarantee it will be granted. Treat it as one possible option to explore with a lawyer, not a fallback you can count on.

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