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Applied for PRTD on H&C grounds but received R-1 

anshul_dankr
anshul_dankr
Posts: 1


Posted On: 4/23/2017
anshul_dankr
anshul_dankr
Posts: 1
Hello everyone,

My PR Card expired last year and recently I applied for a PRTD on H&C grounds since I am taking care of my sick dad in my home country and it is accepted. The embassy however sent my PRTD to me as category R-1 (which is weird since I did not meet the RO) instead of RC-1. My PRTD is valid until late september. My questions are:

1) Is getting R-1 a problem? Should I inform the embassy about this?

2) I am planning to move to Canada permanently in Fall 2018 because at that time my aunt will be retired and she will be able to take care of my dad. I will visit Canada for approximately 2 weeks in the next month. Is it ok for me to apply for a PR Card next month when I visit Canada?

3) If they send my PR Card to my adress in Canada, would it be ok to go back to Canada in 2018 with my new PR Card. Would there be any problems with RO?

Many thanks.
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Moderator
Moderator
Moderator
Posts: 2110


Posted On: 4/25/2017
Moderator
Moderator
Moderator
Posts: 2110
Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be concerned about this situation.

1) Is getting R-1 a problem? Should I inform the embassy about this?



You can find some detailed information regarding what the R-1 means in the Immigration, Refugees and Citizenship Canada (IRCC) OP 10 Permanent Residency Status Determination Manual. Here is an excerpt,

In most cases, the travel document is to be issued for a single entry with a validity of six months. Occasionally, there may be cases where a permanent resident of Canada is unable to apply for a permanent resident card due to their long-term residency abroad. In these rare
cases, where a permanent resident is unable to apply for the card from within Canada because of the shortness of their occasional stays in Canada, a multiple-entry travel document may be issued for a period of validity not exceeding five years. The category to be printed on the travel document counterfoil is R-1. A separate counterfoil will be printed for each person included in the application that meets the criteria for issuance.

In those cases where an applicant was approved on humanitarian and compassionate grounds, the category to appear on the travel document counterfoil is RC-1.



You can also find some additional information in the ENF 23 Loss of permanent resident status manual. Here is an excerpt,

A31(3) Travel document “R-1” counterfoil coding: Permanent residents, without a permanent resident card, who comply with the residency obligation: In those cases where an overseas applicant for an A31(3) travel document is issued with an A31(3) travel document, and an officer overseas has made a determination that the permanent resident has complied with the residency obligation (A31(3)(a)), the counterfoil coding is “R-1.”


Regarding your second question,

2) I am planning to move to Canada permanently in Fall 2018 because at that time my aunt will be retired and she will be able to take care of my dad. I will visit Canada for approximately 2 weeks in the next month. Is it ok for me to apply for a PR Card next month when I visit Canada?



It is unclear whether or not you have not met your residency requirements.

In terms of trying to renew your PR card, you can find some very detailed information on this in the the CIC ENF 27 Permanent Resident Card Operations Manual, in the 8.7. Procedures for special referral situations - Discrepancies in residency obligations. Here is an excerpt,


Discrepancies in residency obligations

If the PR card applicant does not appear to meet the residency requirement (e.g.,following an examination of the passport and travel history, input from the visa office, etc.) and insufficient H&C grounds are identified to overcome this shortfall, the officer writes a report under A44(1). The report goes to a Minister’s delegate, who may issue a removal order under A44(2). If the PR card applicant is inadmissible on grounds other than residency, the case will be assessed by the Minister’s delegate and referred to the Immigration Division. During this time, the applicant is still entitled to a one-year card, where there is no final disposition on the case whether it is at the report stage, the admissibility hearing stage or the removal stage. Similarly, if the PR card applicant is the subject of a negative determination under A46(1)(b), where there is no final disposition, the client is also entitled to a one-year card.

Pending or unresolved A27/A44 reports

The CPC-PRC contacts the CIC where the report originated. If there is no response after seven days and the report is over five years old, the application is processed and a five year card is issued. If there is no response and the report is less than five years old, a one-year card is issued.



Regarding your third question,

3) If they send my PR Card to my adress in Canada, would it be ok to go back to Canada in 2018 with my new PR Card. Would there be any problems with RO?



It is difficult for us to provide a definitive response regarding your question.

In terms of the process when re-entering Canada, each time you enter Canada, Citizenship and Immigration may calculate 5 years back from the date you have entered or re-entered Canada to see if you have fulfilled your residency obligation.

You can find information on the process that is followed when entering Canada in this Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual.

Here is an excerpt from the manual on what happens at the port of entry here:



"7.8 Examining Permanent Residents at a POE (Port of Entry)

When a permanent resident appears at a POE for examination, the officer must confirm that the person is a permanent resident. Officers must remain cognizant of the fact the Act gives permanent residents of Canada the right to enter Canada at a port of entry once it is established that a person is a Permanent Resident, regardless of non-compliance with the residency obligation in A28 or the presence of other grounds of inadmissability.

Port of entry officers (POE) can refuse entry to a Permanent Resident only when the person has already lost the status in accordance with the provisions of A46 (such as when a final determination has been made that they have failed to comply with the residency obligations or when a removal order comes into force).

In other words, once a permanent resident's status is established, the person may enter Canada by right and the immigration examination under IRPA concludes.

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.

In cases where:
- permanent resident status is established;
- the permanent resident refuses to provide any further information and enters Canada;
and
- the officer believes, on a balance of probabilities that the person is in non-compliance with the residency obligation, officers may report the person, pursuant to A44(1). if there is sufficient evidence to support an inadmissibility allegation. In the absence of sufficient evidence to support the writing of an inadmissibility report, officers may enter any available information into FOSS (date of entry, last country of embarkation, current address in Canada etc.).


and

If an officer has concerns that a permanent resident has not complied with the residency obligation of A28, the officer should advise the permanent resident when the examination is concluded that they are authorized to enter Canada; however, the permanent resident may wish to answer additional questions so the officer may determine whether their concerns are well founded or not.


It is important to note that in terms of loss of permanent residency, a person does not lose it until a final determination has been made.

According to the Immigration, Refugees and Citizenship Canada (IRCC) ENF 23 - Loss of Permanent Resident Status manual,


It is important to note that a permanent resident does not lose their status under A46(1)(b) until there is a final determination of the decision made outside Canada that they have failed to comply with the residency obligation under A28.

Permanent residents are not finally determined to have lost their permanent resident status until the right of appeal has been exhausted.



Additionally, we have previously received some information from one of our legal researchers related to being in Canada after not meeting the residency requirements.

According to their research, the five-year time frame set out in the Refugee and Immigrant Protection Act is not static. Rather it is a moveable window that is dependent on the time at which a visa officer examines your situation. Therefore, if you cannot fulfill the two-year (730 day) requirement for the five-year time frame starting from when you became a permanent resident, you should remain in Canada until you can satisfy the requirement for another five-year time frame.

The IRCC’s Permanent Residency Status Determination Manual states:

For persons who have been permanent residents of Canada for more than five years, the only five-year period that can be considered in calculating whether an applicant has met the residency obligation is the one immediately before the application is received in the visa office. A28(2)(b)(ii) precludes a visa officer from examining any period other than the most recent five-year period immediately before the date of receipt of the application.


Since the officer cannot choose any five-year time period for consideration, but must always assess the most recent five-year time period (the one immediately preceding examination), you may still have the opportunity to satisfy the two-year “in Canada” requirement.

As you already know, if you have a PR card, it is important to note that the PR card's expiry date has no correlation between whether or not you have met the residency requirements.


In terms of finding out whether or not the R-1 category is a problem, you may want to try and contact the Immigration, Refugees and Citizenship Canada (IRCC) Call Centre directly. Some of our users have reported that they have been able to contact CIC recently from abroad by dialing 1 613 944 4000. Listen to the options to get to CIC.

Long distance charges will apply.

You suggested earlier that you were expecting to get an RC-1 code instead of R-1. As mentioned above, where an applicant was approved on humanitarian and compassionate grounds, the category to appear on the travel document counterfoil is RC-1.

If you are trying to present H&C grounds related to permanent residency, it can be complicated. We suggest that you may also want to contact a lawyer who is familiar with Canadian immigration issues for some assistance.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
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