What to do if your passport is seized by CBSA/RCMP?
Read this article to find out how we were able to help our Client retrieve his passport seized by CBSA.
Client asked us to file a visitor extension so he could remain in Canada on visitor status. However, Client got into a car accident and was unable to produce a valid Canadian driver’s license. As a result, his passport was seized by CBSA and he was told to report to CBSA regarding his current status in Canada or he would be removed from Canada.
Difficulties in this Case:
Does An Offence Under the Motor Vehicle Act (MVA) Make One Inadmissible?
Client was worried that his action of operating a motor vehicle without a license would render him inadmissible to Canada and would result in him being removed from Canada.
Risks of Being Detained or Removed If No Legal Status In Canada
Client filed his visitor status extension by mail. Both the RCMP and the CBSA officer were unable to see the progress of the file, so the Client’s passport was seized until he could prove that he indeed has valid status in Canada.
MVA is NOT an Act of the Parliament
Pursuant to Immigration and Refugee Protection Act (IRPA) Section 36, a foreign national is inadmissible to Canada if:
(a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence;
However, the Motor Vehicle Act (MVA) is a provincial act and not an Act of Parliament. As a result, noncompliance under the MVA will not render our Client inadmissible to Canada.
Proof of Submission of Visitor Status Extension
Pursuant to Section 183(5) of the Immigration and Refugee Protection Regulations, the Client has valid visitor status under the implied status clause:
(5) Subject to subsection (5.1), if a temporary resident has applied for an extension of the period authorized for their stay and a decision is not made on the application by the end of the period authorized for their stay, the period is extended until
• (a) the day on which a decision is made, if the application is refused; or
• (b) the end of the new period authorized for their stay, if the application is
We explained to the CBSA officer that our Client has implied status in Canada until the decision is made on his visitor status extension.
We produced a scanned copy of the entire submission, the fee receipt, tracking number, and proof of delivery.
Recovering Client’s Passport
After explaining to the CBSA officer, we successfully retrieved our Client’s passport and the officer was satisfied that our Client indeed has valid status in Canada.
Thank you for reading this article. We hope this incident teaches our readers to remain compliant with Canadian laws at all times.
Remember, immigration is more than just filling out the forms — It’s about the understanding of laws and using it to solve YOUR PROBLEMS.
– As a valued added service, here at Maple Life Immigration, we do keep an active log of government processing times to keep our clients apprised.
– Due to heavy workload, we can only publish a fraction of our successful cases periodically.