Spousal sponsorship for someone who doesn't have their passport

[Aerdna]

My fiance came to Canada as a refugee. We met before he had his court date and thought he would be granted permanent residency, but ended up being refused. He filed an appeal and was denied that as well. He is still in Canada, either because the government hasn't gotten to his file yet to deport him or because he applied to stay because of Humanitarian and Compassionate grounds. I would gladly marry him and sponsor him so that he can stay in Canada, but since he is a refugee, he came to Canada without a passport and he also doesn't have a birth certificate because his government won't give them any sort of ID. Is there anything we can do at this point for him to stay in Canada?

 

[RobsLuv]

You should consult with a qualified immigration attorney - this question is probably going to be beyond the scope of what the rest of us can advise. I could totally be wrong, but I think that a sponsored spouse cannot receive PR without a passport - so if he doesn't have a passport or birth certificate, refugee status seems the appropriate process. It could strengthen his case, however, that he has a significant relationship in Canada - but, again, a qualified attorney can help you put that in the proper perspective and use it properly to strengthen his case.

 

[PMM]

Hi

You should consult with a qualified immigration attorney - this question is probably going to be beyond the scope of what the rest of us can advise. I could totally be wrong, but I think that a sponsored spouse cannot receive PR without a passport - so if he doesn't have a passport or birth certificate, refugee status seems the appropriate process. It could strengthen his case, however, that he has a significant relationship in Canada - but, again, a qualified attorney can help you put that in the proper perspective and use it properly to strengthen his case.

He has already been refused as a refugee. Appears he filed leave to Appeal to the Federal Court and was refused or submitted a PRRA and was refused. So if the refusal Federal Court and his refugee claim was refused less than a year ago, he is no longer entitled to a PRRA. So he is probably close to removal ready.

 

[Mrembo]

Am in the same boat too!!!-I lost my passport in 2003 and am just applying for a replacement now which is going to take 2 to three months, am also planning to send my pr applications(husband is sponsoring me) before the end of this month,my immigration consultant told me it was ok to do so,just explain the situation regarding the lack of passport and when you are expecting to get a new one!!

 

[computergeek]

My fiance came to Canada as a refugee. We met before he had his court date and thought he would be granted permanent residency, but ended up being refused. He filed an appeal and was denied that as well. He is still in Canada, either because the government hasn't gotten to his file yet to deport him or because he applied to stay because of Humanitarian and Compassionate grounds. I would gladly marry him and sponsor him so that he can stay in Canada, but since he is a refugee, he came to Canada without a passport and he also doesn't have a birth certificate because his government won't give them any sort of ID. Is there anything we can do at this point for him to stay in Canada?

Robsluv is absolutely correct here. I've done some reading on this point and they won't issue a PR visa without a passport or a travel document. On the other hand, CIC cannot deport him without a travel document or passport, either - the US won't take him, and no commercial airline will allow him to board without a travel document or a passport. It might be one reason they haven't tried to deport him either. Here's one "reason for delay" listed on the CBSA website (http://www.cbsa-asfc.gc.ca/media/facts-faits/051-eng.html):

Travel documents: The CBSA may have had difficulty obtaining passports or visas to permit the person to enter another country.

Identity: The person's identity or citizenship cannot be confirmed.

I would suggest reading ENF 10 "Removals", Section 24 "Obtaining Travel Documents" - because once he has a travel document, he becomes eligible to receive a PR visa.

Another reference is IP 8 "Spouse or Common-law Class in Canada" Section 5.14, which says:

However, clients cannot be granted permanent residence under R72 if they do not obtain a valid
passport or travel document by the time CIC seeks to grant permanent residence. Accordingly,
clients should be given the opportunity to obtain a passport or travel document before the
application for permanent residence is refused. However, cases considered under this public
policy are not eligible for a passport waiver. Persons seeking this waiver must apply through the
regular H&C route.

So, if he already has an H&C application in process then he would be able to obtain PR without a travel document or passport.

I am curious - how did he get to Canada without a TD or passport? I ask because IP 8 does say they can use an expired passport under certain circumstances.

Otherwise, I'm afraid he's stuck with the H&C process. But if CBSA does obtain a travel document for him, you should make sure you get a copy of it, because with that you can apply for PR in the spousal class.

Your attorney (and you really should have one for a complex case like this, preferably one with a successful track record) should be able to explain all of this to you as well.

Good luck!