Licensed Canadian immigration guidance
A stay motion is an urgent Federal Court application to pause a removal while a related judicial review application is pending — typically filed on very short notice when a removal date is imminent.
Guidance on Canadian immigration options and the documents each pathway may require.
What we handle
A sharper service plan
Use the guide below to review Stay Motion requirements, evidence and next steps.
Start with the facts, goals, history and deadlines that shape the route.
Organize evidence, explanations and forms around the decision-maker’s concern.
Keep ownership, communication and the next deadline visible from start to finish.
A visual route guide
Use the visual guide to explore Stay Motion; the written sections explain the requirements and evidence to check.
Start by understanding exactly what the decision-maker needs to see.
A focused response gives the important facts their clearest voice.
Good timing protects the options still available to you.
Clarity returns when the next action is visible and within reach.
Relevant evidence makes the story behind the file easier to understand.
Even a difficult decision can have a considered next chapter.
A wider view helps you respond thoughtfully under pressure.
The next attempt can be stronger when the lessons are carried forward.
What this service covers
Jump to the section that matches your current question about Stay Motion.
Talk through your fileA Canadian immigration refusal, inadmissibility or appeal matter turns on the decision-maker’s specific concern, the complete record and the…
For Stay Motion, preserve every document and record the date of receipt. Identify the decision, the concern, the deadline, the evidence already…
When planning Stay Motion, avoid a generic reapplication when the refusal reason is still unresolved. Time-sensitive or removal-related matters…
Use the [IRCC inadmissibility guide](https://www.canada.ca/en/immigration-refugees-citizenship/services/admissibility-enforcement.html) as the…
Your service guide
The sections below explain Stay Motion and point to the details to verify before applying.
A stay motion is an urgent Federal Court application to pause a removal while a related judicial review application is pending — typically filed on very short notice when a removal date is imminent.
A quick look at the numbers
This summary of the key figures summarizes headline scores, points, timelines or pathway facts for Stay Motion. Use it as a quick reference, then compare the relevant rows with your status, documents and intended application date.
Confirm any score, fee, date or requirement against the IRCC admissibility and enforcement guide before relying on it. IRCC admissibility and enforcement guide.
Key figures at a glance
Quick referenceA quick explanation before the table
This eligibility comparison summarizes the criteria and evidence that distinguish the options for Stay Motion. Use it as a quick reference, then compare the relevant rows with your status, documents and intended application date.
Confirm any score, fee, date or requirement against the IRCC admissibility and enforcement guide before relying on it. IRCC admissibility and enforcement guide.
Technical reference Eligibility and pathway detail | |
|---|---|
| Element | What must be shown |
| Serious issue | The underlying judicial review raises a genuine, arguable legal question |
| Irreparable harm | Real harm would result if removal proceeds before the review is decided |
| Balance of convenience | The harm to the applicant outweighs any government interest in proceeding |
Stay Motion: The next step in a refusal or inadmissibility matter depends on the decision, reasons, date received, legal deadline, status consequence and evidence that addresses the concern. Criminal rehabilitation, a Temporary Resident Permit, an ARC, appeal, reapplication and judicial review are different remedies, so the actual decision record must guide the choice.
For this page, compare Serious issue and Irreparable harm with the applicant's records and the current instructions that control Stay Motion.
Stay Motion: The practical next step is to preserve the decision record and calculate the response or appeal deadline before selecting a remedy.
A Canadian immigration refusal, inadmissibility or appeal matter turns on the decision-maker’s specific concern, the complete record and the remedy available within the applicable deadline. The right response may involve evidence, legal submissions, a reapplication, an appeal or a court process; it cannot be selected from the title of the letter alone. The available response and deadline depend on the specific notice, decision-maker and case history.
For Stay Motion, preserve every document and record the date of receipt. Identify the decision, the concern, the deadline, the evidence already before the decision-maker and the outcome the person needs, then assess whether the next step is administrative, tribunal-based or court-related.
When planning Stay Motion, avoid a generic reapplication when the refusal reason is still unresolved. Time-sensitive or removal-related matters should be escalated promptly for file-specific advice so a possible remedy is not lost while new documents are gathered.
Use the IRCC inadmissibility guide as the final reference for current requirements. Rules, program openings, fees, forms and processing information can change, so check the source date and compare it with the facts in your file before relying on this guide.
A Federal Court stay motion should be connected to an underlying application for judicial review and the approaching enforcement event. The materials must address the legal test, urgency, irreparable harm, balance of convenience and practical relief requested.
A removal date can arrive before the underlying review is decided, so the applicant should assemble the order, schedule, evidence of harm, family or medical records and proposed conditions without delay.
For Stay Motion, start by checking the decision, legal or factual concern, deadline, evidence and remedy available for the specific file. A Brampton applicant should connect those facts to the current route instructions and keep the evidence consistent across forms, records and deadlines. The page can explain the pathway, but the decision-maker applies the current rules to the applicant’s personal facts.
A focused Brampton review of Stay Motion should identify the first decision, the evidence gap that could change the route and the deadline that needs protecting. Compare the page with the IRCC admissibility and enforcement guide and keep any consultation focused on the facts that the selected pathway actually tests.
Before relying on immigration refusal consultant in Brampton for Stay Motion, check the decision, legal or factual concern, deadline, evidence and remedy available for the specific file against the current IRCC admissibility and enforcement guide. Search results and tools can help you frame the question, but they cannot replace the decision-maker’s rules or a complete review of your personal facts.
Clear answers, before you decide
Get a concise answer about this pathway and what to verify before you take the next step.
A stay motion asks the Federal Court for urgent temporary relief that pauses removal while it considers an immigration judicial-review application. The Court uses a legal test and the outcome is not guaranteed.
Official source: IRCC Federal Court immigration judicial review guide
The motion must show a serious issue, irreparable harm if removal proceeds and that the balance of convenience supports a stay, based on the evidence and current case law.
Official source: IRCC Federal Court immigration judicial review guide
Prepare sworn evidence, the removal schedule, the decision being challenged, the judicial-review materials and the court-required motion record. The evidence must explain concrete harm rather than rely on general statements.
Official source: IRCC Federal Court immigration judicial review guide
File urgently before the scheduled removal and follow the Federal Court’s current practice directions. Deadlines are case-specific; a pending request to CBSA is not a substitute for a court order.
Official source: IRCC Federal Court immigration judicial review guide
Only a stay granted by the Court pauses removal. It does not itself grant status, work authorization, a visa or permanent residence.
Official source: IRCC processing times
The motion is related to judicial review, which has its own 15-day or 60-day filing period depending on where the decision was made. Confirm both processes separately.
Official source: IRCC Federal Court immigration judicial review guide
Obtain the removal date and decision immediately, contact counsel, and confirm in writing whether the Court has issued an order.
Official source: IRCC Federal Court immigration judicial review guide
Read the notice carefully, note the decision date and response deadline, and use the official instructions for the exact process. Keep copies of everything submitted and confirm separately whether your status or any removal order is affected.
Official source: IRCC Federal Court immigration judicial review guide
Bring the key dates and records behind your question to a focused review.
Keep exploring your pathway
Compare Stay Motion with the related tools and pathways linked below.
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