A Diplomatic Passport Holder Wants To Apply For PR in Canada

[Harpreet]

Last weekend, I met a young man at the beach and we became friends. He told me that he is working at Consulate General of India in Toronto. I did not believe him initially but he showed me his burgundy colour passport which is usually given to diplomats of their staff. He told me that he has experience as a manager and would like to get permanent residence in Canada under Federal Skilled Class. He told me his problem is that he has diplomatic passport which he cannot use for obtaining PR status in Canada. To obtain a regular blue coloured passport he may have to return to India to surrender his passport. Is there any way he can get status with diplomatic passport?

[Rajpal (Admin)]

If your friend has education and experience, he can apply under FSW class. He is right he can not apply for permanent residence in Canada with his diplomatic (Burgundy Colour) passport. He needs general passport (Blue Colour) for the purposes of immigrating to Canada. Here is the relevant sections of IRPR with respect to your question.

Documents Required

Marginal note:Documents — permanent residents

• 50 (1) In addition to the permanent resident visa required of a foreign national who is a member of a class referred to in subsection 70(2), a foreign national seeking to become a permanent resident must hold

  • (a) a passport, other than a diplomatic, official or similar passport, that was issued by the country of which the foreign national is a citizen or national;

  • (b) a travel document that was issued by the country of which the foreign national is a citizen or national;

  • (c) an identity or travel document that was issued by a country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel document from their country of citizenship or nationality or who have no country of citizenship or nationality;

  • (d) a travel document that was issued by the International Committee of the Red Cross in Geneva, Switzerland, to enable and facilitate emigration;

  • (e) a passport or travel document that was issued by the Palestinian Authority;

  • (f) an exit visa that was issued by the Government of the Union of Soviet Socialist Republics to its citizens who were compelled to relinquish their Soviet nationality in order to emigrate from that country;

  • (g) a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong;

  • (h) a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China; or

  • (i) a passport issued by the United Kingdom to a British Subject.

• Marginal note:Exception — protected persons

  (2) Subsection (1) does not apply to a person who is a protected person within the meaning of subsection 95(2) of the Act and holds a permanent resident visa when it is not possible for the person to obtain a passport or an identity or travel document referred to in subsection (1).

• (3) [Repealed, SOR/2010-54, s. 1]

• SOR/2008-253, s. 1
• SOR/2010-54, s. 1
• SOR/2011-125, s. 1
• SOR/2014-139, s. 1(F)
• SOR/2016-298, s. 1(F)

Previous Version

Marginal note:Designation of unreliable travel documents

• 50.1 (1) The Minister may designate, individually or by class, passports or travel or identity documents that do not constitute reliable proof of identity or nationality.

• Marginal note:Factors

  (2) The Minister shall consider the following factors in determining whether to designate any passport or travel or identity document, or class of passport or travel or identity document, as not being reliable proof of identity or nationality:

  • (a) the adequacy of security features incorporated into the passport or document for the purpose of deterring its misuse or unauthorized alteration, reproduction or issuance; and

  • (b) information respecting the security or integrity of the process leading to the issuance of the passport or document.

• Marginal note:Effect of designation

  (3) A passport or travel or identity document that has been designated under subsection (1) is not a passport or travel or identity document for the purpose of subsection 50(1) or 52(1).

• Marginal note:Public notice

  (4) The Minister shall make available to the public a list of all passports or travel or identity documents designated under subsection (1).