If the Canada Border Services Agency (CBSA) seized your spouse’s passport upon entry, you can still apply for inland spousal sponsorship. You must submit a formal Access to Information and Privacy (ATIP) request or coordinate with the seizing CBSA inland enforcement office to obtain certified true copies of the identity documents to satisfy IRCC requirements.
Applying for inland spousal sponsorship is a beautiful step toward building a life together in Canada. However, the process hits a terrifying roadblock if your spouse arrived at the border, claimed asylum, or was issued a removal order, resulting in the Canada Border Services Agency (CBSA) seizing their physical passport. Immigration, Refugees and Citizenship Canada (IRCC) absolutely requires a copy of a valid passport to process a Permanent Residence application.
Many couples panic, believing they cannot apply for PR without the physical booklet in their hands. 🚨 The good news is that the Canadian government is fully aware of this scenario. You do not need to steal the passport back or wait for a deportation flight. Through proper legal channels, you can compel CBSA to provide certified copies of the seized documents, allowing your sponsorship application to proceed smoothly.
Step-by-Step Process in Canada
Retrieving documents from a federal law enforcement agency requires patience and precise paperwork. You cannot simply walk into an airport and ask for the passport back. Here is the legal process you must follow.
Step 1: Identify the Seizing CBSA Office
First, look at the paperwork your spouse was given when they were detained or processed at the border. You need to identify exactly which CBSA office holds the passport (e.g., Greater Toronto Area Enforcement Centre, Pacific Region Inland Enforcement). You also need the Client ID (UCI) and the seizure receipt number.
Step 2: Contact the Inland Enforcement Officer
Often, your spouse will be assigned a specific CBSA enforcement officer who manages their removal file. 👮 Your immigration lawyer can write a formal letter directly to this officer, explaining that an inland spousal sponsorship is being prepared, and request that CBSA stamp and provide a “Certified True Copy” of the passport pages.
Step 3: File an ATIP / Privacy Act Request
If the CBSA officer is unresponsive or refuses, you must file a formal legal request. Under the federal Privacy Act, you can submit an Access to Information and Privacy (ATIP) request to CBSA. You specifically ask for a complete digital scan of all identity documents held on your spouse’s file. Your spouse must sign a consent form allowing you to request this information.
Step 4: Include a Letter of Explanation (LOE) to IRCC
Once you receive the certified copies or the digital ATIP scans, you will upload these to the IRCC Permanent Residence Portal in place of a standard passport scan. 📄 Crucially, you must attach a Letter of Explanation (LOE). This letter must clearly state: “The principal applicant’s physical passport was seized by CBSA on [Date]. Please find attached the certified copies provided by CBSA.”
Step 5: File the Sponsorship Application
With the copies and the LOE in place, you can confidently submit the inland spousal sponsorship application. Filing an inland spousal sponsorship generally creates an administrative deferral of removal, meaning CBSA will typically pause deportation efforts while IRCC processes the relationship.
How Much Does it Cost in Canada?
Obtaining copies of seized documents is relatively inexpensive in terms of government fees, but legal assistance is highly recommended.
- ATIP Request Fee: Filing an Access to Information request with CBSA costs a mere $5 CAD. If filed under the Privacy Act for personal information, it is often free.
- IRCC Sponsorship Fees: The standard inland spousal sponsorship fee is $1,260 CAD (including the $90 CAD sponsorship fee, $570 CAD principal applicant fee, and $600 CAD RPRF, following the April 30, 2026 adjustments under the IRPR) plus $85 CAD for biometrics.
- Lawyer Fees: Having a law firm negotiate with CBSA enforcement officers and draft the LOE typically costs between $1,500 CAD and $3,000 CAD.
| Method of Retrieval | Estimated Time | Government Fee |
|---|---|---|
| Direct Request to CBSA Officer | 2 to 4 weeks | $0 |
| Formal ATIP / Privacy Request | 30 to 90 days | $5 (or Free) |
| Requesting Actual Passport Return | Only upon PR Approval | $0 |
How Long Does the Process Take?
Time is of the essence, especially if your spouse is facing an active removal order. Writing directly to the CBSA officer can sometimes yield certified copies in a few weeks. If you must rely on an ATIP request, federal law mandates a response within 30 days, but CBSA frequently claims extensions, meaning you could wait 60 to 90 days for the digital scans. Do not submit your IRCC application completely blank without the LOE, or it will be returned.
Frequently Asked Questions (FAQ)
Will IRCC refuse the application without the real passport?
No. IRCC is well aware that CBSA seizes documents from refugee claimants and individuals with removal orders. As long as you provide a certified true copy from CBSA and a detailed Letter of Explanation, IRCC will accept the copies.
Can I just get a new passport from my embassy?
If your spouse claimed asylum (refugee status), they are strictly forbidden from contacting their home country’s embassy to get a new passport. Doing so can instantly void their refugee claim. You must use the copies provided by CBSA.
When will CBSA give the physical passport back?
CBSA will generally only return the physical passport in two scenarios: when the individual is being deported and boarding a flight out of Canada, or when IRCC officially approves the Permanent Residence application and the individual becomes a PR.
Does applying for sponsorship stop deportation?
In many cases, yes. Under current public policies, filing an inland spousal sponsorship generally results in CBSA granting an administrative deferral of removal. However, this does not apply if the removal order is based on serious criminality or security concerns.
What if the passport expired while CBSA had it?
If the passport expired while in CBSA custody, IRCC will generally still accept the certified copy of the expired document for the purposes of establishing initial identity during the inland sponsorship process, as long as it is accompanied by an LOE.
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