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Find a Lawyer » Canada Legal Guides » Immigration & Visas Canada » Citizenship & PR Guides Canada » Using an Affidavit of Identity for PR Landing if Your Passport is Seized

Using an Affidavit of Identity for PR Landing if Your Passport is Seized

25 Jun 2026 5 min read No comments Citizenship & PR Guides Canada
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If your home country has confiscated your passport or refuses to renew it for political reasons, you can generally still finalize your Permanent Resident (PR) landing in Canada. The government allows you to submit a formally sworn Affidavit of Identity (Statutory Declaration) along with alternative photo ID to prove who you are, ensuring you can securely become a PR without cooperating with an oppressive regime.

Fleeing persecution and navigating the Canadian immigration system is an incredibly daunting journey. 📍 For many protected persons, asylum seekers, or individuals from politically unstable regions living in cities like Toronto, Montreal, or Vancouver, the lack of a valid national passport is a major source of anxiety. Standard Permanent Resident processing usually requires a valid passport, but Canada provides exceptional administrative pathways for those who simply cannot obtain one.

Immigration, Refugees and Citizenship Canada (IRCC) understands that approaching a foreign embassy could put your life or your family’s lives in danger. Under these exceptional circumstances, IRCC permits the use of a sworn Affidavit of Identity. This legally binding document, drafted with a local lawyer or notary public, replaces the passport requirement, allowing you to successfully complete your PR landing and obtain your PR card.

Step-by-Step Process for PR Landing Without a Passport in Canada

Because you are deviating from the standard document checklist, your application must be airtight. You must prove to IRCC both your identity and the exact reason why a passport cannot be procured.

Step 1: Inform IRCC of Your Passport Situation

If you are currently processing an inland PR application and your passport expires or is seized, you must inform IRCC immediately via the IRCC Webform. 📤 You must explicitly state that approaching your home country’s embassy or authorities would cause undue hardship or danger, or that they have formally refused to issue you a document.

Step 2: Gather Alternative Proof of Identity

Before drafting your affidavit, collect every alternative piece of identity you possess. This includes expired passports, foreign driver’s licences, national identity cards, birth certificates, school transcripts, or marriage certificates. The more secondary evidence you have, the stronger your case will be.

Step 3: Draft and Swear the Affidavit of Identity

You must prepare a formal Statutory Declaration or Affidavit. 📄 This document must detail your full legal name, date of birth, place of birth, parents’ names, and a clear explanation of why you cannot obtain a passport. You must swear an oath and sign this document in the physical presence of a Canadian notary public, commissioner of oaths, or a lawyer from our directory.

Step 4: Submit to IRCC for Review

Submit your sworn affidavit alongside your secondary identity documents and your PR application (or as an add-on if your application is already in process). IRCC officers will review this exceptional request. They have the authority to waive the passport requirement under the Immigration and Refugee Protection Regulations.

Step 5: Attend Your Exceptional Landing Interview

Once approved, you will be invited to complete your landing. 🤝 While many PR landings in Canada are now done virtually via the Permanent Resident Portal, applicants with exceptional identity documents may be asked to attend a brief in-person interview at a local IRCC office in cities like Calgary, Ottawa, or Edmonton to verify the original documents.

How Much Does it Cost in Canada?

The standard PR application fees remain the same, but there are extra legal costs associated with drafting an affidavit.

Fee TypeAmount (CAD)Details
PR Application Fee$570 – $990The standard base fee (e.g., $660 for protected persons/refugees, $990 for economic classes, or $570 for family class).
Right of Permanent Residence Fee$600The mandatory final fee (RPRF) required before you can land. Note that recognized refugees and protected persons are fully exempt.
Notary Public Fee$50 – $150The cost to have a professional witness and stamp your Affidavit of Identity.
Lawyer Drafting Fee$300 – $800Cost if you hire a law firm to properly draft the legal wording of the affidavit.

💰 Always ensure your government fees are paid online. Under section 303(2) of the Immigration and Refugee Protection Regulations (IRPR) and official IRCC guide IMM 5205, all recognized Convention refugees and protected persons are fully and unconditionally exempt from paying the Right of Permanent Residence Fee (RPRF).

How Long Does the Process Take?

Processing times vary wildly depending on your specific immigration stream (e.g., Humanitarian & Compassionate, Protected Person). Generally, having an exceptional identity situation can add 3 to 6 months to your processing time, as an IRCC officer must manually review and approve the affidavit.

Furthermore, according to the official IRCC figures for June 2026, the processing times for inland protected persons inside Canada exhibit a significant provincial divide. For applicants living outside Quebec, applications currently average about 15 months, while those residing in Quebec face average wait times of about 119 months (nearly 10 years) due to provincial selection caps and quota allocations.

Frequently Asked Questions (FAQ)

Will IRCC contact my home country’s government?

No. If you are a recognized protected person or applying under specific humanitarian grounds, Canadian privacy laws strictly prohibit IRCC from contacting the government of the country you fled from regarding your application.

Can I travel outside Canada without a passport once I am a PR?

A PR card allows you to return to Canada, but it is not a passport for international travel. If you cannot get a passport from your home country, you may need to apply for a Canadian Refugee Travel Document or a Certificate of Identity to travel abroad.

Do I absolutely need a lawyer to draft the Affidavit?

You are not legally required to hire a lawyer to draft the text; you can write it yourself. However, you must have it officially sworn and stamped by a notary public or commissioner of oaths for it to be legally valid in Canada.

What if I have absolutely zero ID documents?

If you have absolutely no secondary identity documents (like a birth certificate), the process becomes much more complicated. IRCC may require additional statutory declarations from family members or community figures who can vouch for your identity.

Can this Affidavit be used to apply for Citizenship later?

Yes. If IRCC accepts your Affidavit of Identity to grant you Permanent Residence, that same document and established identity profile are generally kept on file and used when you eventually apply for Canadian citizenship.

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