# Travel >> Destinations >> Canada

Detained in Canada Without Status: The CBSA Process, Your Rights, and Possible Outcomes

If you're apprehended in Canada without valid immigration status, the Canada Border Services Agency (CBSA) initiates a structured legal process. Outcomes range from temporary stay to removal—and you have rights at every stage.

Immediate Steps After Apprehension

Arrest & Identification: CBSA officers verify identity, take fingerprints/photos.
Interview: You're asked about entry, status, family, fear of return. Right to counsel (legal aid available).
Detention Review (within 48 hrs): Before Immigration Division (ID) of Immigration and Refugee Board (IRB).

Possible Status Determinations

A. Temporary Resident Permit (TRP) – Discretionary Stay

Granted if you:

Have a pending refugee claim or PR application.
Have lived in Canada long-term (established ties).
Have Canadian citizen/PR spouse, children, parents.
Have contributed positively (work, taxes, community).
Face medical emergency if removed.
Are a victim of trafficking/family violence.

TRP = legal status (usually 6–12 months, renewable). Allows work/study permit application.

B. Removal Order – Three Types

Type	Issued When	Consequence	Appeal
Departure Order	Less serious (overstay, minor violation)	Leave within 30 days; confirm departure with CBSA	No appeal right (but can ask for TRP)
Exclusion Order	Misrepresentation, unauthorized work/study	Barred 1–5 years; need ARC to return	Appeal to IAD (if PR) or Federal Court (judicial review)
Deportation Order	Serious crime, security risk, failed refugee claim	Permanent bar; need ARC + Ministerial Relief to return	Appeal to IAD (if PR) or Federal Court

Detention: Rules & Reviews

Grounds: Flight risk, danger to public, identity unverified.
Review Timeline: 48 hrs → 7 days → every 30 days (ID member).
Max Duration: No fixed cap, but Charter (s.9, s.12) limits unreasonable length.
Alternatives to Detention (ATD): Release with conditions (reporting, deposit, guarantor, voice reporting, electronic monitoring).
Vulnerable Persons: Minors, medical/mental health, trafficking victims – detention last resort.

Refugee Claimants: Special Path

Claim at port of entry or inland → Eligibility Interview (CBSA) → Refugee Protection Division (RPD) Hearing.
If eligible: TRP + work permit while claim pending.
If rejected: Removal Order (Deportation) → Pre-Removal Risk Assessment (PRRA) → Federal Court review.