R-1 Visa - I am still a permanent resident?

[u-g-u-r]

Hi everyone. I am very sorry if this is a question that was answered 100 times before but I search the forum and could not come up with an answer. So here is my situation:

* I became a permanent resident in 2007 and got my PR card (with expiry date of Oct 2012) .
* But at the end of 2008 I left Canada and returned to my home country for work.
* In October 2012 my PR card expired when I was in my home country. Meanwhile I decided to move back to Canada for work. But since I had * not spent 730 days during last 5 years I re-apllied for TRV and work permit at Canadian Embassy in my home country.
* However the embassy got back to me saying that per their records my PR has not been cancelled and I can still go back to Canada as permanent resident. They stuck a Visa counterfoil on my passport which says “Permanent resident”, “Category: R1” It is valid for 6 months (and for single entry only)

Now my question: Does this mean that I am still a permanent resident? If yes, how do I get my new PR card? After I land in Canada is Immigration going to send me a new PR card?

Thank you very much for all the help!

 

[us2yow]

you seem to be fine. If you search online on Google for R-1 you get this:

http://www.cic.gc.ca/english/resources/manuals/enf/enf23-eng.pdf

and Page 5 of the above document says this:

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 this travel
document, and an officer overseas has made a determination that the permanent resident has complied with the residency
obligation under A31(3)(a), the counterfoil coding is R-1.

 

[u-g-u-r]

^^ thank you. Yes actually I found that document too but I wanted to be sure that I read / interpret it correctly.

I wonder if anyone else had a similar case before? When I return to Canada, is the Immigration going to take my details to send me a new PR Card? (just like when you land to become a Permanent Resident)

 

[Leon]

In most cases, PR's who do not meet the residency requirements are not given travel documents to return unless they have some good reasons. However, you got it so you can return. You should however do it within the 6 months because they may not be so nice as to give you another.

In most cases when an embassy has decided that you get a travel document, you can apply for a PR card when you arrive in Canada stating that the embassy has accepted your reasons why you could not meet the requirements. You do not say if that was the case with you. Did they accept your reasons or did you have mitigating reasons for not meeting the requirements? If you were working for a Canadian employer and transferred to an overseas position or you were staying with a Canadian citizen spouse, you would be excused. In any case, you do have to apply for your PR card yourself after you arrive. You will not get it automatically like a new PR would.

 

[rajmalhotra7]

You are very fortunate u-g-u-r.

Leon - Can u-g-u-r get PR card renewal once he come to Canada? Won't CIC say that you do not meet residency requirement (2 out of 5), so no PR card. Should u-g-u-r wait for 2 years before applying for PR card renewal or he's good to apply as soon he comes back to Canada.

 

[Leon]

It depends on the situation. If u-g-u-r had mitigating reasons for not meeting the requirements and these reasons were accepted by the embassy, then they should be ok to apply for a PR card on arrival. If the embassy somehow did not make a decision on the reasons but gave the travel document anyway, maybe after checking that nobody had officially revoked the PR yet, then there could be a problem and it would be safer to wait for 2 years.

 

[u-g-u-r]

In most cases, PR's who do not meet the residency requirements are not given travel documents to return unless they have some good reasons. However, you got it so you can return. You should however do it within the 6 months because they may not be so nice as to give you another.

In most cases when an embassy has decided that you get a travel document, you can apply for a PR card when you arrive in Canada stating that the embassy has accepted your reasons why you could not meet the requirements. You do not say if that was the case with you. Did they accept your reasons or did you have mitigating reasons for not meeting the requirements? If you were working for a Canadian employer and transferred to an overseas position or you were staying with a Canadian citizen spouse, you would be excused. In any case, you do have to apply for your PR card yourself after you arrive. You will not get it automatically like a new PR would.

Thanks Leon. Yes we are planning to return in January so we will be there before end of 6 months.

The thing is we did not state any reasons for not meeting the 730 days (not working for a Canadian entity, not staying with a citizen etc). We first sent our applications for a new temporary work permit and TRV (thinking that our PR’s expired). And then embassy called me that I dont need to apply for a new work permit but just needed to send forms of “Travel document”. After they received my travel documents they called me again they will also return our fees for “Travel Documents” (50 CAD each for me and my wife) and we got our passports back with R-1 Visa’s on them. ??

I assume when we go back, we will just apply for a PR renewal is that correct? So we will just submit renewal application (form IMM5444E) but not going through the whole PR application process again? I am also confused about the IMM5444 form because it has a section about Number of days spent outside Canada. Would this section still be relevant for us?

It depends on the situation. If u-g-u-r had mitigating reasons for not meeting the requirements and these reasons were accepted by the embassy, then they should be ok to apply for a PR card on arrival. If the embassy somehow did not make a decision on the reasons but gave the travel document anyway, maybe after checking that nobody had officially revoked the PR yet, then there could be a problem and it would be safer to wait for 2 years.

^^ Would embassy do such a thing? I mean giving someone PR Visa without confirming that they meet the requirements? Could they reject our application of renewal after they already gave us R-1 Visa?

 

[Leon]

I do not think they can withdraw the travel documents. If you gave no mitigating reasons, it sounds like the embassy made a mistake not to ask for info or check that further. Count yourself lucky, go to Canada but do not apply to renew your PR card for 2 years until you meet the requirements again. If you were to try to apply to renew your PR after arriving, immigration may note that you do not meet the requirements, you have no mitigating circumstances, your application takes the scenic route and probably even takes longer going through the system than if you would have waited the 2 years before applying and in the end, you may lose your PR anyway. If you wait 2 years, you meet the residency requirements again and immigration can not go back in time further than the past 5 years from the day you apply.

 

[Dreamseeking]

Hi Leon,

I am very interested in this topic. My husband also got this kind of R-1 visa. But my next question is how he can apply for a PR card because both of us living abroad now. The reason the Embassy gave him the R-1 visa is because I am a Canadian and we have stayed together outside Canada for more than three years. Recently he is coming for my son's university graduation and will only stay here for a week. Would you please give me your advice as well?

Thanks a lot.

 

[Leon]

A PR card application must originate within Canada so he could apply as he is in Canada for a week. He should send some proof of living with a Canadian citizen spouse outside Canada. He should give a secure mailing address in Canada for them to send the card to. If he is lucky, they mail the card and the person whose address you gave will mail him the card to where he lives.

If he is unlucky, CIC will not mail the card but tell him to come and fetch it. Then you will have to make a decision if he should apply for another visa to enter Canada to fetch the card or if he should leave it. If he is unable to pick the card up, it will only stay at the local office for about 6 months, then they will send it back to CIC headquarters and have it destroyed.

 

[meganpeter]

^^ thank you. Yes actually I found that document too but I wanted to be sure that I read / interpret it correctly.

I wonder if anyone else had a similar case before? When I return to Canada, is the Immigration going to take my details to send me a new PR Card? (just like when you land to become a Permanent Resident)

Did you end up applying for a new PR card? I am in the same situation: Got the travel document for permanent residents even if i did not meet the residency obligations. I am contemplating applying for a new PR card.

 

[mahtab54]

Did you end up applying for a new PR card? I am in the same situation: Got the travel document for permanent residents even if i did not meet the residency obligations. I am contemplating applying for a new PR card.

Please let me to know if you have applied for new PR card and the result. I have the same situation as you had.
Thanks a lot

 

[foodie69]

Please let me to know if you have applied for new PR card and the result. I have the same situation as you had.
Thanks a lot

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