Does an OINP Nomination Stop a Removal Order?

Can an OINP Nomination Stop a Removal Order in Canada?

Receiving a nomination through the Ontario Immigrant Nominee Program (OINP) can be an important step toward becoming a permanent resident of Canada. But what happens when someone receives an OINP nomination while already facing a removal order?

Can an OINP nomination stop removal from Canada?

A recent Federal Court case, Singh v. Canada (Citizenship and Immigration), 2026 CanLII 78796 (FC), looked at a similar situation. The case highlights an important point: having a pathway to permanent residence does not automatically give someone the right to stay in Canada or stop a removal process.

What Happened in This Case?

The applicant first came to Canada as an international student in 2018. Over the following years, he continued to renew his immigration documents.

His work permit remained valid until November 16, 2024. Later, he left Canada and returned on April 22, 2025. At that time, Canadian authorities allowed him to enter as a visitor for six months.

However, he did not extend his status after those six months and remained in Canada without valid temporary status. He said that he misunderstood an incorrect date stamp in his passport.

As a result, his immigration situation became more serious:

• February 24, 2026: Immigration authorities issued an exclusion order following a Section 44 report.
• June 2, 2026: Ontario selected and approved him as a provincial nominee through the OINP.
• August 4, 2026: Authorities scheduled his removal from Canada.

Because of this, the applicant asked the authorities to postpone his removal.

Why Did He Ask to Delay His Removal?

The applicant relied on his OINP nomination and argued that authorities should defer his removal while he continued with his permanent residence process.

However, the authorities refused his request.

As a result, he took the matter to the Federal Court.

What Did He Ask the Federal Court to Do?

After the authorities rejected his deferral request, the applicant applied for leave and judicial review of that decision.

At the same time, he asked the Federal Court to temporarily stop his removal while the Court reviewed his case.

In simple terms, he wanted to remain in Canada while the Court considered his challenge.

To assess his request, the Court considered the legal test established in Toth v. Canada, which applies when someone asks the Federal Court to stay a removal.

What Is the Toth Test?

Generally, a person who asks the Federal Court to stop their removal must satisfy three requirements:

1. Serious Issue to Be Tried

First, the person must show that their case raises a genuine legal issue that the Court should consider.

2. Irreparable Harm

Second, they must show that removal could cause serious harm that they cannot easily fix later.

3. Balance of Convenience

Finally, the Court considers which side would face greater difficulty or harm if it stopped the removal or allowed it to continue.

The applicant must satisfy all three parts of the test.

Why Was the OINP Nomination Not Enough?

The applicant’s OINP nomination was important. However, the nomination did not give him an automatic legal right to remain in Canada.

In other words, a provincial nomination and valid immigration status are two different things.

The nomination did not automatically:

• restore his temporary resident status;
• cancel the existing removal order;
• stop the removal process; or
• guarantee that he could remain in Canada until he completed his permanent residence process.

Furthermore, the immigration officer explained that a request to defer removal does not provide the proper process for challenging the underlying removal order itself.

What Does This Mean for OINP and PR Applicants?

The main lesson from this case is simple:

A pathway to permanent residence does not replace valid immigration status.

Therefore, if you are waiting for an OINP nomination or working toward permanent residence, you should continue monitoring your immigration status throughout the process.

In particular, keep track of:

• when your study or work permit expires;
• when your visitor status expires;
• whether you qualify for maintained status;
• whether you can apply to restore your status;
• whether immigration authorities have issued a removal order; and
• whether your PR application provides any separate protection against removal.

A provincial nomination can significantly strengthen your immigration pathway. However, it does not automatically resolve separate immigration or enforcement issues.

Can You Apply for Permanent Residence After Leaving Canada?

Depending on the immigration program and the applicant’s circumstances, leaving Canada does not necessarily end every permanent residence pathway.

In this case, the immigration officer noted that the applicant could pursue permanent residence from India.

However, the consequences of a removal order can vary depending on the type of order and the individual’s circumstances. Returning to Canada after removal may also involve additional requirements.

Therefore, anyone facing removal should not assume that a pending OINP nomination or PR application will automatically protect them.

The Key Takeaway

An OINP nomination and a removal order can exist at the same time.

Receiving a provincial nomination does not, by itself, guarantee the right to remain in Canada or automatically stop removal proceedings.

Moreover, anyone asking the Federal Court to stay their removal generally needs to satisfy the applicable legal test. This includes showing a serious issue, demonstrating potential irreparable harm, and proving that the balance of convenience supports a stay.

Ultimately, having a PR pathway is not the same as having valid immigration status in Canada.

That is why maintaining valid status and addressing immigration issues as early as possible can make a significant difference.

Need Help With Your Canadian Immigration Case?

Immigration status, provincial nominations, permanent residence applications, and removal proceedings can overlap and become complicated.

If you have received a removal order while your OINP or permanent residence application is in progress, getting professional advice early can help you understand your options and how the situation may affect your immigration plans.

For guidance specific to your situation, connect with SPS Canada Immigration Inc. and speak with an experienced immigration professional.

Get in touch with SPS Global

Receive advice on any of your questions regarding immigration. Get in touch with us, experienced immigration consultants from SPS Global. For additional information, contact support@spscanada.com (Canada) or support.amd@spscanada.com (Ahmedabad), or by phone at (1) 905-362-9393 (Canada) or +919586226232 (Ahmedabad).