A temporary suspension of removals (TSR) means Canada will not, for now, deport people to a country where conflict or disaster puts the whole civilian population at risk. It does not give you status. Your removal order stays in force, the suspension can be lifted, and some people are excluded from it entirely. The way out is usually a humanitarian and compassionate (H&C) application, with a work permit to bridge the wait.
This article draws on the “Beyond the Board” panel on remedies for nationals of moratorium countries at the 2026 Refugee Law Office Conference, checked against Justice Laws and the current CBSA and IRCC pages on 2 November 2026. Where they differ, we follow the official pages.
Key Takeaways
- A TSR, or an administrative deferral of removal (ADR), pauses removals to a country. It is not permanent residence, temporary resident status or refugee protection.
- People inadmissible on security, rights, sanctions, criminality or organized crime grounds, and people excluded under Article 1F of the Refugee Convention, are not covered (IRPR s.230(3)).
- You may get a work permit under IRPR s.206 because your removal order is unenforceable, but it does not make you a temporary resident.
- A PRRA is generally offered only when CBSA moves to remove you, so it is not a way out while the suspension lasts.
- An H&C officer must deal with the moratorium, but a moratorium alone does not win an H&C.
What is a temporary suspension of removals in Canada?
A temporary suspension of removals is a stay of removal orders for a whole country or place. Under IRPR s.230(1), the Minister may impose it when an armed conflict, an environmental disaster, or another temporary and generalized situation poses a generalized risk to the entire civilian population. Under s.230(2), the Minister may cancel it once that risk is gone.
CBSA describes a TSR as imposed by the Minister of Public Safety, and an ADR as a shorter-term measure CBSA imposes to respond quickly to a crisis. The conference panel noted that some ADRs have lasted over a decade, and that the Federal Court treats the two alike on H&C review.
Which countries are covered right now?
On 2 November 2026, CBSA’s removals page (modified 5 October 2026) listed a TSR for Afghanistan, the Democratic Republic of Congo and Iraq, and an ADR for parts of Somalia (Middle Shabelle, Afgoye and Mogadishu), the Gaza Strip, Ukraine, Syria, Mali, the Central African Republic, South Sudan, Libya, Yemen, Venezuela, Haiti, Iran, Sudan, Lebanon and Israel.
The lists change in both directions. A June 2026 conference slide showed several Gulf states that are not on CBSA’s current page. Check the page on the day you rely on it.
Who is excluded from a temporary suspension of removals?
The stay does not protect everyone from a listed country. Under IRPR s.230(3), it does not apply to a person who is inadmissible on security grounds (IRPA s.34(1)), for human or international rights violations (s.35(1)), on sanctions grounds (s.35.1(1)), for serious criminality, criminality or transborder criminality (s.36(1), 36(2), 36(2.1)) or for organized criminality (s.37(1)); who is excluded under Article 1F of the Refugee Convention; or who consents in writing to removal.
If you are in one of these groups, CBSA can remove you even to a TSR country. Your tools are then a deferral request to CBSA and, if refused, a stay motion in the Federal Court. See our article on the scope of a CBSA deferral of removal.
What does a TSR not give you?
A TSR gives you no status. Your removal order is still in force under IRPA s.49. It is simply not enforceable, because s.48(1) makes an order enforceable only if it is in force and “not stayed”. The panel called this limbo.
Limbo has real costs: you cannot sponsor family, health care and benefits are limited, and work depends on a permit. The panel pointed to Mohamed v. The King, 2026 TCC 72, where a Somali national whose positive PRRA did not confer protected person status, because of criminality, was found ineligible for the Canada Child Benefit. It also noted that no special permanent residence pathway is currently open for moratorium-country nationals; earlier ones for Sudan, Ukraine, and Colombia, Haiti and Venezuela have closed.
Can you apply for a PRRA while removals are suspended?
Usually not in any useful way. Under IRPA s.112(1) and IRPR s.160, you apply for a pre-removal risk assessment after IRCC notifies you, and for a person with a removal order in force, notice is given “before removal from Canada”. While removals are suspended, no notice comes.
The panel said attempts to force a PRRA in TSR and ADR cases have failed, citing Arabzada, 2024 FC 256, and Shaka, 2019 FC 798: risk is assessed when removal is actually sought. It cited Shaka and Seklani, 2020 FC 778, as finding this Charter-compliant. If the suspension is lifted, the PRRA matters again, subject to the 12-month bar in s.112(2)(b.1). See our PRRA guide.
Can a TSR holder get a work permit in Canada?
In many cases, yes. IRPR s.206(1)(b) allows a work permit for a foreign national in Canada who cannot support themself without working and is subject to an unenforceable removal order. Past unauthorized work or study does not trigger the usual six-month wait (s.200(3)(e)(iii)). But under s.202, a s.206 permit does not make you a temporary resident.
IRCC also runs country-specific public policies. On 2 November 2026 its public policies page listed current measures for Palestine, Ukraine and Iran, and new policies effective 28 October 2026 to renew open work permits for people previously covered by the Haiti and Sudan measures. Several moratorium countries have none. Each policy has its own dates and conditions, so read the current text before applying.
A temporary resident permit (TRP) under IRPA s.24 is another option. Under IRPR s.65, five years of continuous residence as a TRP holder (three for health-based inadmissibility), without becoming inadmissible since, can lead to permanent residence in the permit holder class. Those inadmissible under ss.34 to 35.1, 36(1) or 37(1) cannot use the five-year route. As the panel noted, leaving Canada without authorization or letting the permit lapse breaks continuity.
How does a moratorium affect an H&C application?
A moratorium is relevant to an H&C application but does not decide it. IRPA s.25(1) lets IRCC grant permanent residence on humanitarian and compassionate grounds, taking into account the best interests of any child directly affected. Under s.25(1.3), the officer must weigh hardship but not refugee-type risk under ss.96 and 97. See our H&C application guide.
Watch the timing. Under s.25(1.2)(c), you generally cannot file within 12 months of a final negative refugee decision, subject to the s.25(1.21) exceptions for a risk to life from inadequate medical care and for a child’s best interests.
When the Federal Court sent refusals back
In the panel’s reading, H&C judicial reviews from moratorium countries succeed more often than not, especially from ADR countries. The recurring errors:
- Ignoring the moratorium. Milad, 2019 FC 1409, and Yatsula, 2024 FC 1862, where the officer compared living standards without engaging with return to war-torn Ukraine.
- Using the moratorium to skip hardship. Volovetskyi, 2025 FC 1160, and Dziubenko, 2024 FC 1282, where the children’s best interests got neutral weight because they had temporary status.
- Requiring return to a war zone to apply for PR. Al-Abayechi, 2022 FC 873, called it a “perverse outcome” to use the Iraq TSR as a reason to deny humanitarian relief. Bawazir, 2019 FC 623, is to similar effect.
When refusals were upheld
General country conditions are not enough. In Lalane, 2009 FC 6, and Likale, 2015 FC 43, the applicants did not connect the evidence to their own situation. Under Ndikumana, 2017 FC 328, an officer may give country conditions less weight while a moratorium protects the applicant, and weak establishment can outweigh it. Elshafi, 2023 FC 266, noted the case law is not uniform.
The lesson: tie the country conditions to you, your age, gender, health, children and work, and show what leaving your life here would mean.
What happens when a TSR is lifted?
When a suspension is cancelled, CBSA resumes removals for everyone with an enforceable removal order. The panel recalled the 2014 lifting for Haiti and Zimbabwe: eligible people had six months to file an H&C and were not removed while it was pending. The 2009 liftings for Burundi, Liberia and Rwanda were handled similarly. Future special measures are not guaranteed.
If your country is listed today, use the time to build an H&C record and keep your work authorization current. If you fall within s.230(3), assume removal is possible now. Our guide to long-term out-of-status options covers related paths.
Frequently Asked Questions
Does a temporary suspension of removals give me status in Canada?
No. Your removal order stays in force but cannot be enforced while the stay applies. You do not become a temporary resident, permanent resident or protected person.
Can I work in Canada if my country is under a TSR or ADR?
Often, yes. IRPR s.206 allows a work permit if your removal order is unenforceable and you cannot support yourself without working. Some nationals also have a country-specific public policy.
Can I apply for a PRRA while removals to my country are suspended?
Generally no. PRRA notice is given before removal, and the Federal Court has held that risk is assessed when removal is actually sought.
Will a moratorium make my H&C application succeed?
Not on its own. The officer must consider it, but you still need to show personal hardship, establishment and, where relevant, the best interests of children.
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Disclaimer: This article is for general information only and is not legal advice. Immigration law and IRCC/ESDC policy change frequently, and every case turns on its own facts. Reading this article does not create a lawyer–client relationship. Obtain advice tailored to your situation before you act.
Talk to a Canadian immigration lawyer. BridgePoint Law advises individuals and businesses across Canada — and on Canada–US–China cross-border matters — on removal, refugee and humanitarian matters. Book a consultation with our team in Toronto and Kingston. We work in English, Mandarin, and Cantonese.