Hi everyone,
I’m planning to sponsor my partner, who has been out of status in Canada and whose passport has expired. The embassy website states that proof of legal residence is required to renew a passport, but it also says the following:
Because of this situation, my partner currently cannot obtain a birth certificate (process of obtaining one is too demanding for elderly/disabled parents), police certificate, or valid ID. We plan to explain this clearly in our letters of explanation, including proof that we’ve made every effort but are unable to obtain these documents at this time.
To prove cohabitation, we have the following evidence:
I have a few questions:
I’m planning to sponsor my partner, who has been out of status in Canada and whose passport has expired. The embassy website states that proof of legal residence is required to renew a passport, but it also says the following:
Based on this, our plan is to apply for spousal sponsorship ASAP through the online portal, include the citizenship records search receipt/request in our explanation letter, then—once we have the results—approach the embassy with proof my partner isn't a Canadian citizen plus the AOR letter to attempt passport renewal.No proof of legal residence in Canada
If you have no proof of legal residence in Canada:
- Request a search of citizenship records via Immigration, Refugees and Citizenship Canada (IRCC). This will show whether you are a legal resident of Canada.
- You can also show a letter from the Canadian immigration authorities stating that your residence permit application is being processed. You must also provide a valid passport before this application procedure can be completed.
Because of this situation, my partner currently cannot obtain a birth certificate (process of obtaining one is too demanding for elderly/disabled parents), police certificate, or valid ID. We plan to explain this clearly in our letters of explanation, including proof that we’ve made every effort but are unable to obtain these documents at this time.
To prove cohabitation, we have the following evidence:
- Old visitor extension documents showing UCI and address
- Foreign bank records and digital statements with our (shared) Canadian address and date
- Family photos
- Family support letters and affidavits (looking at getting them commissioned remotely by notaring.com)
- Invoices showing my partner’s name and our (shared) address
I have a few questions:
- For non-English or non-French documents and digital files (e.g. foreign bank statements), do we need to take them in person to a certified translator to create a certified true copy that’s then attached to the translation with the translator’s certification (no apostille required), or can we just scan them and get them translated remotely by a certified translator (e.g. mosaicbc-lsp.org)?
- I’ve declared our relationship as common-law for tax purposes in recent years, but I didn’t do so earlier—should I refile taxes from more than three years ago?
- Can we create a common-law declaration even though my partner currently doesn’t have valid ID and is out of status, or at least when we obtain a sworn identity affidavit for my partner?
- Can letters of support and the sworn identity affidavit be commissioned over Zoom, or does this need to be done in person with a commissioner?
- Do 10+ year old visitor extension letters count as “government issued documents” for IMM 5533e cohabitation proof, or should we submit a detailed LOE explaining why we can’t provide documents from at least two of the listed sets of options (just to be safe)?
