Out of status and passport about to expire

[ilovemygf]

Five years ago I came to Canada to be with my girlfriend. After six months we decided that we would sponsor me. Unfortunately we struggled to save up enough money and I've been out of status for about 2 years now. In the five years that I've been living here, I've been living with my girlfriend in her family's home. But my passport is due to expire mid-April and I can't get a new one at the Dutch embassy without proof of status.

I read in the ip08 document that when a passport expires during application for sponsorship, an officer is free to use their own judgement in accepting my passport. The document also mentions that I'd be eligible for initial consideration when there are no other reasons than 'lack of status'.

Now I don't have a removal order nor have I worked here illegally. Could my passport expiring be another reason other than 'lack of status', or is there a decent chance that I will be approved and that I can have my status restored so I can renew my passport?

Thanks in advance.

 

[Ponga]

Requirement to have a valid passport in order to become a permanent resident

As a general rule, CIC should accept only valid and non-expired passports to grant permanent
residence [R72]. This being said, the use of a passport that has expired during the processing of
an application may be appropriate in some instances to fulfill the requirements of R72. Therefore,
while not ideal, officers should feel free to use their judgment in accepting passports that have
expired during processing when no identity issues remain.


As long as the visa officer isn't concerned that you're an impostor, this certainly seems to imply that you have a good chance.

Good luck!

 

[ilovemygf]

Requirement to have a valid passport in order to become a permanent resident

As a general rule, CIC should accept only valid and non-expired passports to grant permanent
residence [R72]. This being said, the use of a passport that has expired during the processing of
an application may be appropriate in some instances to fulfill the requirements of R72. Therefore,
while not ideal, officers should feel free to use their judgment in accepting passports that have
expired during processing when no identity issues remain.


As long as the visa officer isn't concerned that you're an impostor, this certainly seems to imply that you have a good chance.

Good luck!

Thank you for your response. That's better than I expected. For the birth certificate and police certificate I'll need a valid ID and forward the request for these documents to the municipality I'm from. If I get an approval in principle, will they also restore my status so I can go to the Dutch embassy and get a new passport?

 

[spyro02]

Why is the Dutch embassy not issuing you a new passport without proof of status in Canada? Perhaps, they are asking for proof of Dutch citizenship? If you can proof to them you are Dutch, they are obligated under International treaty law to provide consular services to you. They cannot simple leave you stranded in Canada without any travel document to return to the Netherlands.
Here is what you need to do: you have to apply for a search of Canadian citizenship and if that search comes back negative (no Canadian citizenship certificate issued), that is your proof to the Dutch embassy that you are still one of their citizens.

 

[ilovemygf]

Why is the Dutch embassy not issuing you a new passport without proof of status in Canada? Perhaps, they are asking for proof of Dutch citizenship? If you can proof to them you are Dutch, they are obligated under International treaty law to provide consular services to you. They cannot simple leave you stranded in Canada without any travel document to return to the Netherlands.
Here is what you need to do: you have to apply for a search of Canadian citizenship and if that search comes back negative (no Canadian citizenship certificate issued), that is your proof to the Dutch embassy that you are still one of their citizens.

On the website of the Dutch embassy it says the following about passport renewal:

Proof of valid status in country of application:

- Valid visa ( and supporting forms); or

- Valid residence card; or

And

- Passport(s) all foreign nationality(ies) even if expired and other documents showing how and when you obtained the other nationality (e.g. original or legalized naturalization certificate, birth certificate, birth abroad certificate).

They also confirmed this in an email. To return the the Netherlands they could give me an emergency passport and I'd still need to get a normal passport in the Netherlands.