Operational instructions and guidelines: Operational Bulletin 553 – Obtaining passports or travel documents for landing
Specific considerations for other PR applicants
R72(1)(e)(ii) requires all foreign nationals (except for protected persons) to be in possession of a document described in R50(1) (passport or other acceptable identity documents) to become permanent residents. While most foreign nationals will be in possession of valid passports, some will not. If officers are satisfied of identity, they should strongly consider waiving the passport requirement on humanitarian and compassionate grounds.
Examples of applicable situations include, but are not limited to:
- the applicant has had their passport seized by CBSA and there is no mention in FOSS or on file that identity is a concern;
- the applicant has presented other identity documents that are sufficient for establishing identity; or
- the applicant has previously presented passports that are now expired.
If an officer determines that a waiver is warranted, notes in the “APP” screen should be clear that a waiver was warranted.
If an officer determines that a waiver is not warranted and needs to request an expired passport or travel document from the CBSA, it is the responsibility of the stage 2 processing office to send a request to the CBSA that they send the passport or travel document directly to the stage 2 processing office rather than the landing office. CIC must indicate on the request that all other requirements have been met and that the passport or travel document is the last requirement, otherwise CBSA will not release the document.
Upon receipt of the expired passport, the stage 2 processing office will return it to the client by registered mail with instructions to have it renewed (refer to Annex A for a template email that can be used when corresponding with the CBSA and refer to clerical SOP for instructions to send the client). If the client cannot obtain a renewal of their passport or travel document, the officer should again consider waiving the requirement following a review of the circumstances and providing they are satisfied as to the client’s identity.
CIC and CBSA offices must ensure they have procedures in place to ensure accountability for the transfer of custody of any seized document between CBSA and CIC, and between CIC and the applicant at the time of landing. Guidance can be found in ENF12, section 11.
IP 5, section 16.9 will be revised to expand on the officer’s discretion when waiving passport requirement when warranted.
Instructions for processing in GCMS
The Global Case Management System (GCMS) does not currently permit permanent residency to be finalized (client to be landed) without a valid passport or travel document. The following workaround should be implemented until there is a function built in GCMS:
- Enter the expired travel document number, or 0’s if there is no travel document number.
- The validity date of the travel document should be set at one day after landing. A note should be placed in the client file indicating the travel document was expired (with the real expiry date), and or/ the client was landed without a passport.
Annex A – Email template to send CBSA
Subject: Passport/Travel document requested-last impediment to landing Client ID
The medical, criminality, and security clearances have been passed for the principal applicant and his/her in-Canada and overseas dependants (if applicable) for the client identified in the subject line. The client(s) is/are ready to be landed. Therefore, CIC is requesting that the passport(s) or travel document(s) be released and sent to (insert name of office handling stage 2 processing if passport is expired or the landing office if passport is valid) so that CIC can complete the landing procedures for the client(s).
As agreed between CIC and CBSA, please respond to this request within three (3) business days to confirm receipt of this message and to provide an estimated date as to when we might receive the document(s).
