Canada Publishes Official Rules on What Could Get Foreigners Deported in 2026
- The Canadian government has published its official policy on who qualifies for removal and the types of removal orders that can be issued
- Canada's CBSA is legally required to remove any foreign national with an enforceable removal order as quickly as possible
- Three categories of removal orders exist, each carrying different restrictions on when or whether a deported person can return to Canada
The Canadian Border Services Agency (CBSA) has published its official policy on the removal of foreign nationals from Canada, detailing who can be deported, the types of removal orders that apply, and the legal rights available to those affected.
The guidance, available on the CBSA's official website, makes clear that the agency is legally obligated to remove any foreign national with an enforceable removal order as quickly as possible.
Source: Getty Images
The policy applies to all individuals deemed inadmissible to Canada.
Canada: Actions that could lead to deportation
According to the Canadian government, certain actions could lead to deportation.
The CBSA prioritises the removal of foreign nationals who pose a serious threat to individuals or society for reasons including:
- national security.
- serious criminal offences and involvement in organised crime.
- international or human rights violations.
Canada: Three types of removal orders
Canada operates three distinct removal orders, each with different consequences for future re-entry.
A departure order is the least severe. It requires a person to leave Canada within 30 days of the order becoming enforceable and to confirm their departure with the CBSA. If both conditions are met, the individual may apply to return to Canada in future. Failure to leave or confirm departure within 30 days automatically upgrades the departure order to a deportation order.
An exclusion order requires the individual to leave Canada immediately and bars them from returning for one year. Where the exclusion was issued because of misrepresentation, the ban extends to five years. Anyone wishing to return before the exclusion period ends must apply for an Authorisation to Return to Canada (ARC).
A deportation order is the most serious. It requires immediate departure and permanently bars the individual from returning to Canada without first obtaining an ARC. Anyone who re-enters Canada without securing an ARC risks being issued a second deportation order.
Who Pays for deportation and legal rights
Individuals deported from Canada are generally required to cover their own travel costs. Where someone is unable or unwilling to pay, the CBSA steps in to fund the removal and ensures the process is not delayed. The government recovers those costs if the removed individual later seeks to return to Canada.
Despite the severity of removal proceedings, the CBSA notes that all affected persons are entitled to due process. Removal orders can be challenged at various levels.
A person may appeal to the Immigration and Refugee Board (IRB), and where IRB appeal rights are not available, an application for judicial review can be filed through the Federal Court of Canada.
In a related story, Legit.ng reported that Canada had explained three circumstances that could lead to a loss of citizenship.
Requirements to get Canadian visitor visa
Meanwhile, Legit.ng previously reported that Canada had listed six requirements that foreign nationals must meet to get a visitor visa.
The temporary resident visa, as it is formally known, covers entry for purposes such as tourism, visiting family or friends, and other short-term activities.
Source: Legit.ng
