Protected persons and their family members may be granted permanent residence if the protected person is in possession of a valid passport or other document described in R50(1)(a) to (h), an identity document described in R178(1)(a), or statutory declarations described in R178(1)(b).
When the applicant is ready to be landed, the landing office should contact the CIC or CBSA office holding the passport or other identity documents (if previously seized) at least 72 hours in advance of the landing appointment.
While protected-person applicants for permanent residence may submit a national passport, officers are not to advise, counsel or instruct applicants to approach their embassy or other representative office to obtain a passport or other document.
Protected-person applicants who do not hold a passport or a travel document described in R50(1)(a) to (h) regardless of reason, may submit with their application the following documents described in R178(1):
- identity documents issued outside Canada before the entry of the person to Canada; or
- where there is a reasonable and objectively verifiable explanation related to country conditions for the applicant's inability to obtain the identity documents referred to in R178(1), a statutory declaration made by the applicant attesting to their identity, accompanied by:
- the statutory declaration of a person who knew the applicant, a family member of the applicant, or the applicant’s father, mother, brother, sister, grandfather or grandmother prior to the applicant’s arrival in Canada, attesting to the applicant’s identity, or
- the statutory declaration of an official of an organization representing nationals of the applicant’s country of nationality or former habitual residence attesting to the applicant’s identity.
- that an identity document accepted pursuant to R178(1)(a) be genuine, identify the applicant, and be credible evidence of that identity; and
- that the information in statutory declarations accepted pursuant to R178(1)(b) be consistent with information previously provided to the Department or the IRB and be credible evidence of identity.
The officer will determine whether the evidence of identity provided by the applicant meets the requirements of the applicable Regulations or not, and inform the applicant of the reason why the document is not acceptable.
Note: A Single Journey Travel Document (applicable in most, but not all cases) and a provincial or federal identification issued in Canada since entry (e.g., driver’s license, medical card) are acceptable identity documents for members of the Protected Temporary Residents (PTR) class.
In the case of statutory declarations, R178(2)(b)(i) requires that the information contained in the declarations be consistent with the information previously provided by the applicant to the Department and the IRB. Applicants should be offered the opportunity to explain any inconsistencies, and if these inconsistencies, in light of the explanations given, do not raise material questions regarding the applicant’s identity, the statutory declarations will meet this requirement as well as the requirement of R178(2)(b)(ii), that they constitute credible evidence of the applicant’s identity.
Obtaining documents from the CBSA when the applicant is ready to land
Refer to OB553 for instructions for retrieving passports or travel documents in the custody of the Canada Border Services Agency (CBSA) to complete stage 2 processing or landing procedures for all permanent resident applicants, including protected persons. It also clarifies guidelines for officers’ discretion to waive passport requirements when an applicant is close to landing and when circumstances warrant.
- Date Modified: