Explanation in lieu of documents....

[D&S]

Hello everyone!

I searched the forum and couldn't find anything specifically about anyone's experience with uploading an explanation in lieu of passport. The issue now for us is that a request has been made for my husband's replacement passport which has to be valid for 6 months or more. This is a problem because his passport expires in February 2021 We have contacted the consulate offices which handle passport renewals for his country but they are only taking bookings for appointments in April, which is past his passport expiry and past the 90 days for the CIC document request. Because of COVID we are very afraid for my husband to fly back to Germany just to renew his passport. It is a big risk to take, not only for contracting the disease, but also the risk that Canada won't let him back in! Right now we live in a very rural homestead and are safe, or at least as safe as anyone can be these days!

No, he cannot renew his passport via mail. It is has to be done in person.

Has anyone actually submitted an explanation in lieu of such an important document as a passport? If so, what was the response from CIC?

Thank you for your thoughts....

 

[armoured]

If this is an inland application and your husband in Canada, you could try submitting the current passport.

While the instructions all say that there must be six months validity, that is a boilerplate requirement - and since you will not need to travel to Canada, the requirement to have a passport with six months remaining is not really relevant.

If you check other threads here, they are receiving the passports and returning them fairly quickly, with COPR and other steps done by mail or virtually.

Honestly this seems to me the best choice at present - worst that will happen is they return it and you still have the same problem. You might include a letter of explanation requesting the issuance based on existing passport because of covid related delays.

 

[D&S]

If this is an inland application and your husband in Canada, you could try submitting the current passport.

While the instructions all say that there must be six months validity, that is a boilerplate requirement - and since you will not need to travel to Canada, the requirement to have a passport with six months remaining is not really relevant.

If you check other threads here, they are receiving the passports and returning them fairly quickly, with COPR and other steps done by mail or virtually.

Honestly this seems to me the best choice at present - worst that will happen is they return it and you still have the same problem. You might include a letter of explanation requesting the issuance based on existing passport because of covid related delays.

Thank you, armoured! It does make sense that this is generalized form/request, however we do have concerns that my husband's application is outland and his visitor status expired in August. We applied for an extension (visitor record) back in July but there hasn't been a response. It did say on the IRCC website that implied status is active until a decision is made. So there we have it...husband with an outland application with (supposed) implied visitor status and a soon to be expired passport residing in Canada awaiting PR approval in the times of a global pandemic.

 

[armoured]

Thank you, armoured! It does make sense that this is generalized form/request, however we do have concerns that my husband's application is outland and his visitor status expired in August. We applied for an extension (visitor record) back in July but there hasn't been a response. It did say on the IRCC website that implied status is active until a decision is made. So there we have it...husband with an outland application with (supposed) implied visitor status and a soon to be expired passport residing in Canada awaiting PR approval in the times of a global pandemic.

I don't know enough about the implied status issue to say anything on that.

Does the passport request specify that you must submit the passport, or a copy of the passport? Instructios generally say photocopy for those who do not need visas.

Since outland but in Canada, they seem to be following the procedure of requesting it be sent within Canada - in your case, photocopy only. I would risk it and submit with an explanation.

By the way, they seem to be inconsistent about the six months - ours said 12 months validity. Since the photocopy only seems to be needed for identification purposes, and the six months rule is (usually) related to being let into the country (most countries require six or twelve months to enter at a port of entry), there should - logically - be no related need for that validity. And after receipt of a PR card, there is no requirement to update the PR card when you change passports - so there's no direct link between the validity of passport now and the PR card.

But I do not know how they will approach.

Obviously no guarantee that this would work. I suppose the other option is to contact the visa office / IRCC and ask for an extension on the 90 day period. You could also try steps like contacting your MPs office or dealing with the German embassy to get some kind of temporary/provisional/emergency passport or urgent issuance of a new one.

(Possibly different approaches could be tried at the same time).

 

[Underhill]

It did say on the IRCC website that implied status is active until a decision is made. So there we have it...husband with an outland application with (supposed) implied visitor status and a soon to be expired passport residing in Canada awaiting PR approval in the times of a global pandemic.

Just a quick FYI on implied status.

If the IRCC says your husband has implied status currently, he's fine while he remains IN Canada.

However, implied status means absolutely nothing to CBSA for (re)entering Canada should he leave the country even for a moment.

 

[D&S]

I don't know enough about the implied status issue to say anything on that.

Does the passport request specify that you must submit the passport, or a copy of the passport? Instructios generally say photocopy for those who do not need visas.

Since outland but in Canada, they seem to be following the procedure of requesting it be sent within Canada - in your case, photocopy only. I would risk it and submit with an explanation.

By the way, they seem to be inconsistent about the six months - ours said 12 months validity. Since the photocopy only seems to be needed for identification purposes, and the six months rule is (usually) related to being let into the country (most countries require six or twelve months to enter at a port of entry), there should - logically - be no related need for that validity. And after receipt of a PR card, there is no requirement to update the PR card when you change passports - so there's no direct link between the validity of passport now and the PR card.

But I do not know how they will approach.

Obviously no guarantee that this would work. I suppose the other option is to contact the visa office / IRCC and ask for an extension on the 90 day period. You could also try steps like contacting your MPs office or dealing with the German embassy to get some kind of temporary/provisional/emergency passport or urgent issuance of a new one.

(Possibly different approaches could be tried at the same time).

The request asks for an upload of the passport so it would be in essence a copy. The also said in the request (in generalize text, not necessarily directly related to my husband's situation) to make sure of payment for Right of Permanent Residence Fee; which correlates with what you are surmising....they are looking to re-establish identity.

We are formulating a letter of explanation and will make sure to include the details about his visitor extension/record application and the steps taken to acquire a passport renewal date at the local consulate....as well as highlight our genuine fear for my husband's health and welfare if he has to fly back to Europe.

I agree with you that there is no hurt in trying as you suggested. Whether it works or not, thank you! You have eased our minds!

 

[D&S]

Just a quick FYI on implied status.

If the IRCC says your husband has implied status currently, he's fine while he remains IN Canada.

However, implied status means absolutely nothing to CBSA for (re)entering Canada should he leave the country even for a moment.

Yes, isn't that a scary thought. After all of this time to be denied at the border for re-entry would be a horrible fate to face.

 

[armoured]

The request asks for an upload of the passport so it would be in essence a copy. The also said in the request (in generalize text, not necessarily directly related to my husband's situation) to make sure of payment for Right of Permanent Residence Fee; which correlates with what you are surmising....they are looking to re-establish identity.

We are formulating a letter of explanation and will make sure to include the details about his visitor extension/record application and the steps taken to acquire a passport renewal date at the local consulate....as well as highlight our genuine fear for my husband's health and welfare if he has to fly back to Europe.

I agree with you that there is no hurt in trying as you suggested. Whether it works or not, thank you! You have eased our minds!

For your letter: short, factual. I don't think his visitor record etc is relevant to the passport request, ircc knows. Covid fears, he does not wish to risk travel out of and back to Canada right now due to covid. Same for the passport issue, a couple of sentences.

I'm emphasizing short because it's such a minor issue I almost think it could work without a letter.

 

[D&S]

For your letter: short, factual. I don't think his visitor record etc is relevant to the passport request, ircc knows. Covid fears, he does not wish to risk travel out of and back to Canada right now due to covid. Same for the passport issue, a couple of sentences.

I'm emphasizing short because it's such a minor issue I almost think it could work without a letter.

You know what...we have had a few sleepless nights over this and now I'm thinking you are absolutely correct in that we are making a mountain out of a molehill! My husband's passport is still valid and he has done everything as required and passed all of the PR hurdles, why would IRCC take issue with his application now? I think we will just upload his current passport and see what comes of it.

 

[armoured]

You know what...we have had a few sleepless nights over this and now I'm thinking you are absolutely correct in that we are making a mountain out of a molehill! My husband's passport is still valid and he has done everything as required and passed all of the PR hurdles, why would IRCC take issue with his application now? I think we will just upload his current passport and see what comes of it.

I think the worst that happens is they tell you to get him a new passport. Which is where you are now anyway. And the 90 day or it will be cancelled - suspect they would give an extension given covid. That's boilerplate language unchanged from before.

 

[Canada2020eh]

I think the worst that happens is they tell you to get him a new passport. Which is where you are now anyway. And the 90 day or it will be cancelled - suspect they would give an extension given covid. That's boilerplate language unchanged from before.

I'll throw in my 2 cents worth, if you are outland and are out of the country, when you get PPR you send it in, they put an "Immigrant" visa affixed to it which allows you to enter Canada. Since the applicant is already in Canada they certainly aren't going to be doing that. I think the expiry date of the PP is irrelevant, once the person has landed they aren't required to maintain a valid passport. IMO submit the photo copy as requested of the still valid passport and relax, all should be good.

 

[D&S]

I'll throw in my 2 cents worth, if you are outland and are out of the country, when you get PPR you send it in, they put an "Immigrant" visa affixed to it which allows you to enter Canada. Since the applicant is already in Canada they certainly aren't going to be doing that. I think the expiry date of the PP is irrelevant, once the person has landed they aren't required to maintain a valid passport. IMO submit the photo copy as requested of the still valid passport and relax, all should be good.

Thanks for helping to clear up our confusion! Both you and armoured really alleviated some anxiety on our part.

That's exactly what we did, we uploaded his current passport and will get a better night's sleep tonight

Goodbye 2020!

 

[D&S]

This may sound like a silly question, but is this PPR? I know it is a passport request but is it THE passport request?

 

[armoured]

This may sound like a silly question, but is this PPR? I know it is a passport request but is it THE passport request?

Yep.

 

[D&S]

Yep.

Yay!