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

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

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.

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.”

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?

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.

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?

"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.).

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 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.

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.