Operational Bulletins 041 – March 31, 2008

Update to departmental position on non-machine readable Czech passports

Background

Pursuant to subsection 15(4) of the Immigration and Refugee Protection Act (IRPA), the Citizenship and Immigration Canada’s Assistant Deputy Minister, Strategic and Program Policy has issued ministerial instructions, making all 1993 and 1998 series of Czech Republic passports (which are not machine readable) unacceptable for the purpose of travel to Canada. These instructions are effective November 9th, 2007.

Prior to the introduction of the 2000 series of Czech Republic passports, no travel documents issued by that government contained an integrated photo or an International Civil Aviation Organisation (ICAO) machine readable zone (MRZ).

Currently, the Czech Republic is issuing temporary/emergency passports on 1998 passport series stock. These documents do not contain a MRZ and lack modern security features.

Based on a review of issuance, security, and document integrity related issues, non-ICAO compliant Czech Republic passports are not considered reasonably secure and therefore are no longer valid for travel to Canada. Czech nationals, five (5) years of age and younger with a non-machine readable passport will be able to travel to Canada, provided that they are accompanied by a legal guardian with an acceptable machine readable passport. This exemption for minors will remain in place until May 31st, 2008.

Instructions

The following instructions provide guidelines on how to deal with applications made with non-machine readable Czech Republic passports.

International Region

Effective November 9th, 2007, all non-machine readable Czech Republic passports are no longer valid for travel to Canada.

Persons that have a non-machine readable Czech Republic passport that has a valid and subsisting Canadian Permanent Resident Visa (PRV) and who have not travelled to Canada prior to December 9th, 2007, should have their PRV cancelled without prejudice. A new PRV should be printed at no additional fee to the client. The PRV should have the same validity as the original.

The following travel documents/conditions must be met prior to a Czech national being able to travel to Canada:

• Must present a machine readable Czech Republic passport;

Exceptions to the above are:

• Children under the age of 15 and listed on an observation counterfoil or printed in an acceptable machine readable passport of a legal guardian that was issued between September 1st, 2006 and March 1st, 2008; or
• Children under the age of 10 and listed on an observation counterfoil or printed in an acceptable machine readable passport of a legal guardian that was issued after March 1st, 2008;
• Children five (5) years of age and younger with a non-machine readable passport can travel to Canada until May 31st, 2008 if they are accompanied by a legal guardian with an acceptable machine readable passport. After May 31st, children under the age of five must present their own machine readable passport or be listed on an observation counterfoil or printed in an acceptable machine readable passport of a legal guardian.

Czech Republic nationals that are permanent residents of Canada that have a non-machine readable passport should be encouraged to obtain a new Czech Republic passport. As the permanent resident card is a prescribed travel document, airlines may choose to board at their risk persons presenting a valid PR card with a non-machine readable passport.

CPC-V and Inland Offices

New applications for permanent residence submitted with a non-machine readable Czech Republic passport following issuance of this operational bulletin should not be accepted, with the exception of minors, as noted above. Applicants must be advised that their application cannot be considered unless accompanied by a new machine readable Czech Republic passport, except for individuals in Canada applying for permanent residence as Convention refugees or persons in need of protection. These Convention refugees and protected persons are not to be instructed to obtain a passport. Similarly, individuals undergoing eligibility determination as refugee claimants are not to be instructed to obtain a passport.

Applications for temporary or permanent residence already in the inventory which had been submitted with a non-machine readable Czech Republic passport will continue to be processed while waiting for a new Czech Republic passport. A letter must be sent to these applicants advising them that their application will not be finalized until a new machine readable Czech Republic passport has been submitted.

Applications for renewal or extension of temporary resident status, i.e. study permit, work permit, visitor status, submitted with a non-machine readable Czech Republic passport following the issuance of this operational bulletin, with the exception of minors as noted above, should generally not be accepted. However, there may be exceptional situations where there are compelling grounds to allow an individual to remain in Canada temporarily. In such exceptional situations, the delegated authority may decide to issue a TRP to that individual.

Standard procedures for assessing admissibility and refusing applications for reasons of inadmissibility should be followed.

Please address any questions or comments regarding this message to OMC at OMC-GOC-Immigration@cic.gc.ca.