Regulation 197 — PRRA — stay of removal
Text of provision
A foreign national may apply for a work permit at any time before entering Canada.
Plain English
Regulation 197 provides that removal is automatically stayed when a person makes an eligible PRRA application. The stay lasts until the PRRA application is decided. If the PRRA is refused, the stay ends and removal may proceed — though the person may still seek a judicial review stay from the Federal Court.
Not all persons are eligible for a PRRA — rejected refugee claimants who have had their claims decided within the preceding 12 months (or a longer period in some circumstances) are not eligible.
Practical effect
The PRRA stay is an important but often misunderstood protection. The stay is automatic upon a valid PRRA application, but it does not prevent CBSA from scheduling the removal hearing or conducting pre-departure steps. The stay lifts upon a negative PRRA decision, meaning that removal can proceed very quickly after a refusal. Persons seeking to challenge a PRRA refusal must act immediately to obtain a Federal Court stay of removal — timing is critical. The PRRA process itself is typically brief (weeks to a few months).