Application for PR card renewal after traveling back to Canada with PRTD

[lead]

I have recently traveled back to Canada with Permanent Resident Travel Document (PRTD) since my PR card got expired while staying out of Canada. PRTD was applied and issued based on Humanitarian & Compassionate (H&C) ground. Now I intend to apply for PR card renewal to CIC since I am staying in Canada, and need a valid PR card for availing various services (SIN card, health card, bank loan etc. ) of Canada Govt.

Would you please advise me the following:
1. Whether there is any possibility of rejection of my PR card renewal applications by CIC since I do not meet the residency obligation of staying 730 days in Canada within last 5 years, although I have been issued PRTD confirming my PR status, and I have already traveled back to Canada with this PRTD.
2. What could be the probable reasons of rejection of my PR card renewal application in case it gets rejected?
3. What is the best way to manage the current situation, whether to apply for PR card renewal now (since PRTD was issued confirming my PR status) or to wait for next 2 years to meet residency requirements ?
4. Is there any case/incident of rejection of PR card renewal application by CIC for an applicant who has traveled back to Canada with valid PRTD based on Humanitarian & Compassionate ground ?

 

[Rob_TO]

Your PRTD should have RC-1 coding on it, indicating it was approved on H&C reasons and as per CIC rules overcomes your past breach of residency obligation. So you are allowed to apply for PR card renewal immediately. Just include a letter re-enforcing the H&C decision already made on your file, and copy of PRTD showing RC-1.

 

[lead]

I have checked my PRTD counterfoil and found that it is issued at code: R-1 (Positive Residency Decision) although my application for PRTD was applied based on Humanitarian & Compassionate ground because of the reasons that I was minor & accompanied my parents while staying outside Canada.

Now I have entered Canada with this PRTD of code: R-1 but I don't meet the residency requirements of 2 years physical presence in Canada within last 5 years.

In this situation, if I apply for PR card renewal, will it be accepted by CIC since I don't meet 2 years residency requirements but I have travelled back to Canada with PRTD of code: R-1 ?

Can any body/agency in this forum clarify or guide me on the above ?


Thanks in advance


Lead

 

[Rob_TO]

I have checked my PRTD counterfoil and found that it is issued at code: R-1 (Positive Residency Decision) although my application for PRTD was applied based on Humanitarian & Compassionate ground because of the reasons that I was minor & accompanied my parents while staying outside Canada.

Now I have entered Canada with this PRTD of code: R-1 but I don't meet the residency requirements of 2 years physical presence in Canada within last 5 years.

In this situation, if I apply for PR card renewal, will it be accepted by CIC since I don't meet 2 years residency requirements but I have travelled back to Canada with PRTD of code: R-1 ?

R-1 code on PRTD means the PRTD was approved based on you simply meeting the RO, NOT due to any H&C reasons. At the time you applied for the PRTD, did you meet the RO then? If not, then seems CIC may have issued the PRTD using wrong coding in their system.

Without the RC-1/H&C coding used, I don't believe the PRTD is proof that you have overcome the RO based on H&C reasons. This means you'd have to wait in Canada 2 years before being able to apply for PR card renewal, or submit your renewal app with H&C reasons stated and hope CIC approves it.

 

[lead]

R-1 code on PRTD means the PRTD was approved based on you simply meeting the RO, NOT due to any H&C reasons. At the time you applied for the PRTD, did you meet the RO then? If not, then seems CIC may have issued the PRTD using wrong coding in their system.

Without the RC-1/H&C coding used, I don't believe the PRTD is proof that you have overcome the RO based on H&C reasons. This means you'd have to wait in Canada 2 years before being able to apply for PR card renewal, or submit your renewal app with H&C reasons stated and hope CIC approves it.

At the time of my PRTD application with H&C grounds, I was less than 19 years of age i.e. considered as child. I guess this might be the reason of my PRTD approval by CIC with code: R-1 instead of code: RC-1 although I did not meet 2 years residency requirement. Now I have already crossed 19 years of age but still I don't meet residency requirement of 2 years in Canada.

In this situation, is it advisable to apply for PR card renewal now or should I wait for 2 years to meet RO ?

Thanks in advance

 

[Rob_TO]

At the time of my PRTD application with H&C grounds, I was less than 19 years of age i.e. considered as child. I guess this might be the reason of my PRTD approval by CIC with code: R-1 instead of code: RC-1 although I did not meet 2 years residency requirement. Now I have already crossed 19 years of age but still I don't meet residency requirement of 2 years in Canada.

In this situation, is it advisable to apply for PR card renewal now or should I wait for 2 years to meet RO ?

Thanks in advance

If I had to guess I would say it's probably ok to submit the PR card renewal app now, and indicate in a letter it's under H&C conditions that you were removed from Canada as a minor and now have returned at first opportunity. CIC has shown from past cases they are very easy in granting H&C exemption based on this reason. The fact the outside visa office in giving you PR TD also found you in compliance with RO should support this.

I imagine it could be difficult to live in Canada for 2 years with no PR card. If it was me I would try applying for PR card renewal immediately, but this is just my opinion I can't guarantee what will happen after you apply.

 

[lead]

If I had to guess I would say it's probably ok to submit the PR card renewal app now, and indicate in a letter it's under H&C conditions that you were removed from Canada as a minor and now have returned at first opportunity. CIC has shown from past cases they are very easy in granting H&C exemption based on this reason. The fact the outside visa office in giving you PR TD also found you in compliance with RO should support this.

I imagine it could be difficult to live in Canada for 2 years with no PR card. If it was me I would try applying for PR card renewal immediately, but this is just my opinion I can't guarantee what will happen after you apply.

Many thanks for your advice. Would you please let us know the following as soon as possible:
1. What could be the probable reasons of rejection of my PR card renewal application by CIC if I apply now ?
2. Whether CIC will ask me to appeal against the rejection ( if they reject my application) or they will tell me to wait for 2 years more for RO or they will tell me to go out of Canada since I don't meet RO now?

 

[Jt2601]

Hi Lead,
Are you able to provide an update on this and whether you were successful in obtaining your renewed PR card? I am in the same situation and am considering whether I should apply straight away or wait 2 years.

thanks

 

[scylla]

Hi Lead,
Are you able to provide an update on this and whether you were successful in obtaining your renewed PR card? I am in the same situation and am considering whether I should apply straight away or wait 2 years.

thanks

What does your PRTD say? R-1 or RC-1?

 

[Jt2601]

My PRTD says R-1 which has confused me as I applied on H&C grounds (a minor unable to meet the residency obligations). Should I contact them to query this? Grateful for any guidance or direction.