Obtaining Passports for Landing from the Canada Border Services Agency and Waiver of the Passport Requirements Based on the Officer’s Discretion

/ / Published in 2013

Operational Bulletin 553 – October 17, 2013

Issue

This Operational Bulletin provides instructions for:

  • Retrieving passports or travel documents in the custody of the Canada Border Services Agency (CBSA) and,
  • Officers to apply their discretion for waiving passport requirements as and when needed, when an applicant is close to landing

On receiving the passports of all permanent resident applicants, Citizenship and Immigration Canada (CIC) completes:

  • The Stage 2 processing or,
  • The Landing procedures

Instructions for Retrieving Passports or Travel Documents from the CBSA

The CBSA will:

  • Respond to passport or travel document requests from the CIC within three business days if:
    • The principal applicant and their family members in Canada or overseas clear all:
      • Medical tests
      • Criminality tests and,
      • Security checks
  • Send the passport or travel document to the CIC (after keeping a certified copy on file) within seven business days if:
    • The CIC confirms that the passport or travel document is the last impediment for processing the permanent resident status

Note:

  • CIC agents would send a follow-up request to the CBSA if the CBSA does not revert to a request for the passport or travel document within seven business days
  • CIC agents could contact CBSA National Headquarters at CBSA NHQ for following-up on the status of the request for the passport or travel document, if the CBSA does not respond within another seven days
  • The CBSA would not release a passport or a travel document directly to a foreign national
  • The CIC would not direct applicants to the CBSA for seeking the return of the applicant’s passport or travel document

Guidelines for Releasing Passports or Travel Documents for Permanent Resident Applicants

  • For Protected Persons Applying for Permanent Residence (PPAPR)

The CIC could give permanent residence to foreign nationals and the family members listed on their application (according to PP4) if:

    • The applicants are not inadmissible on grounds of:
      • Security (A34 of the Immigration and Refugee Protection Act (IRPA))
      • Violating human or international rights (A35 of the Immigration and Refugee Protection Act (IRPA))
      • Serious criminality (A36(1) of the Immigration and Refugee Protection Act (IRPA))
      • Organised criminality (A37 of the Immigration and Refugee Protection Act (IRPA))
      • Their health conditions, if their health conditions would threaten public health (A38(1) of the Immigration and Refugee Protection Act (IRPA))

According to A42 of the IRPA, a family member’s inadmissibility does not affect the admissibility of:

      • A protected person or,
      • The included family members

Therefore, the CBSA would release the passport or travel document to the CIC office for processing the permanent residence of a protected person if:

      • The protected person passes all Stage 2 clearances and,
      • The included family members pass all clearances
  • For Permanent Resident applicants belonging to other categories

The CBSA would release the passport or travel document to the CIC office for processing the permanent residence of an applicant from any other category if:

      • The applicant and the included family members (within Canada or overseas) have:
        • Passed all Stage 2 clearances and,
        • Are ready to be landed

Guidelines for Landing an Applicant Based on the Validity of the Passport or Travel Document

The Stage 2 Processing Office will verify the validity of an applicant’s passport. They would check this with the National Case Management System (NCMS). If the passport is:

  • Valid
    • The Stage 2 Processing Office would:
      • Send the request for a passport or travel document to the CBSA
      • Inform the CBSA that all other requirements have been met and that the passport or travel document is the last requirement
      • Mark a copy to the local office landing the applicant of the incoming passport (for scheduling the Confirmation of Permanent Residence (CoPR) interview)
    • If the Stage 2 Processing Office is not the same office that is landing the applicant, then the Stage 2 Processing Office must:
      • Inform the CBSA that the document needs to be sent to the CIC handling the landing procedures and,
      • Include the appropriate address
  • Expired
    • Before requesting the CBSA for an expired passport, the CIC officer must:
      • Review the circumstances of the case and,
      • Determine whether a waiver of the passport requirement can be given

Note:

  • When the applicant’s identity is not a concern, the CIC officer can waive the passport requirement

Specific Considerations for Protected Persons Applying for Permanent Residence

  • Applicants must avoid approaching the embassy of the country from which they have sought protection
    • Applicants could submit a national passport, however, CIC officers would not advise, counsel or instruct such applicants to:
      • Obtain a passport
      • Renew an expired passport
    • Acceptable identity documents for granting permanent residence include (Section 10.4 of PP4) :
      • Passports
      • Other identity documents or,
      • Statutory declarations

Specific Considerations for Other Persons Applying for Permanent Residence

  • Applicants must have a passport or other acceptable identify documents (mentioned in R50(1) for becoming permanent residents (R72(1)(e)(ii)
  • CIC officers could waive the passport requirement on humanitarian or compassionate grounds if they are satisfied with the applicant’s identification
  • Cases where CIC officers could provide a waiver include instances where:
    • The CBSA has seized the applicant’s passport but there is no mention in FOSS or on file that the applicant’s identity is a concern
    • The applicant provides other valid documents of identity
    • The applicant has provided expired passports previously
  • In cases where the CIC officer does not provide a waiver the Stage 2 Processing Office must:
    • Send a request to the CBSA
    • Request the CBSA to send the passport or travel document directly to the Stage 2 Processing Office instead of to the landing office
    • Inform the CBSA that all other requirements have been met and that the passport or travel document is the last requirement
  • On receiving the expired passport, the Stage 2 Processing Office would:
    • Return it to the client by registered mail
    • Inform the client to renew the passport (based on the template e-mail provided in Annex A)
  • In case the client is unable to renew their passport or travel document, the CIC officer must:
    • Review the circumstances again
    • Satisfy themselves about the client’s identity and,
    • Consider waiving the passport requirement

Note:

  • CIC and CBSA offices must follow the procedures in place to ensure accountability for the transfer of any document taken into custody between:
    • The CBSA and the CIC or,
    • The CIC and the applicant at the time of landing
  • The officer’s discretion for waiving passport requirements would be revised if applicable (Section 16.9 of IP5)

Instructions for Processing in the Global Case Management System (GCMS)

Currently, the GCMS does not permit finalising the permanent residency of an applicant for a client without a valid:

  • Passport or,
  • A travel document

To remedy this, officers must:

  • Enter the expired travel document number
  • Enter zero, if there is no travel document number
  • Set the validity date of the travel document as one day after the landing date
  • Annotate the client file that the client:
    • Had an expired travel document (with the actual expiry date) or,
    • Did not have a passport

Source: Citizenship and Immigration Canada (CIC)