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Entering Canada using PRTD

dpenabill

VIP Member
Apr 2, 2010
6,290
3,054
Once again I largely concur in the observations by @armoured which generally reflect what we know about the rules, general principles, and how things generally work. But unless your particular circumstances more or less take your case well outside the norms, it is likely, perhaps highly likely, that leaving Canada for an extended period of time after just a short stay will seriously jeopardize your PR status.

Please allow me to restate that, in a slightly different way, for emphasis:
It is likely that leaving Canada for an extended period of time after just a short stay will seriously jeopardize your PR status, UNLESS yours is a special case, UNLESS your particular circumstances more or less take your case well outside the norms.​

A consultation with a competent, reputable immigration lawyer, while here, is probably a good idea.

Thanks for your replies. My PRTD is multi entry, valid until 25/7/22, in RC-1 Category. Yes, it is a risky plan and I want to clarify am not doing this for fun, I have some serious personal issues. I am discussing it as I am trying to find the best solution as I cant stay long term in Canada on my next visit. I appreciate the honest suggestions from all of you.

Considering above suggestions and current processing timeline for Renewal of PR cards being 114 days:
Current timeline for routine processing of PR card applications offers very little insight into how things are likely to go for you, let alone indicate how they will actually go. Whatever else remains unknown or unclear, or difficult to predict, if you leave Canada after a short stay, you do not have a routine case, not close.

That is not to say it isn't possible the PRC application could slide through, processed routinely, but the odds of that are low, probably very low. That is, if you leave Canada after a short stay there is more than a "risk" of non-routine processing, it is a likelihood, a strong likelihood, of non-routine processing. And, unless you have a particularly *special* case, my sense is that even the prospect the PRC application will be approved, and a PRC issued subject to an in-person pickup, is less likely than IRCC waiting for you to return to Canada before it will complete processing the application. UNLESS you have a particularly *special* case.

Indeed, OVERALL, it looks like a lot depends on whether you have a particularly *special* case. If not, and you leave Canada after a short stay and are abroad for an extended period of time, that will be "risky" and, to be frank, despite a reluctance to quantify these sorts of risks, probably very risky, leaning in the wrong direction for you.

Based on what you have shared, overlooking the incongruities, it is not clear your case is SPECIAL. It may indeed be special and I am not suggesting you offer more about that or otherwise any more detail about your personal circumstances. This is not an appropriate forum for sharing that level of detail.

You know your case, your circumstances, and if it is indeed a SPECIAL case, you know what makes it a special case. What is not clear is how well you recognize the extent to which keeping PR status if you leave Canada for an extended period of time after a short stay DEPENDS on the nature and extent to which yours is a SPECIAL case.

The temptation is to get into the nuances of H&C relief and the potential impact of a change-in-circumstances, like additional absences after a positive H&C decision. This ties into observations about encountering a RO examination upon arrival the next time, after coming and leaving. That tends to be a complex subject with multiple tangents dependent on various particular circumstances, including some to-be-determined contingencies (length of stay, length of absences, among factors that can affect the status of things down the road). The fate of the PR card application another factor, and that too being subject to variables including contingent ones.

But for purposes of a forum like this, which cannot offer expert opinion nor be a source of reliable advice, the bottom-line, again, is still:
It is likely that leaving Canada for an extended period of time after just a short stay will seriously jeopardize your PR status, UNLESS yours is a special case, UNLESS your particular circumstances more or less take your case well outside the norms.​

And whether or not you have such a special case is really well beyond what can be reasonably explored let alone determined here.

One option you have is to try to make an appointment with a reputable, competent immigration lawyer, so that you can obtain a consultation with the lawyer during your brief stay here, bringing all your paperwork and communications and information for the lawyer to review.

Other than that, it is mostly speculation and gambling.
 

Wave1rose

Full Member
Jul 7, 2021
27
5
Thanks everyone for your valuable advice. Appreciate it.
Based on your suggestions, I have changed my plan and am very grateful for your honest suggestions. I will arrive in Canada in July 2022 (before expiry date of my PRTD) and will stay there for a period of 3 years to become eligible for Canadian citizenship. It would be immense help if you can please guide me about below 3 questions linked with this:

1. Is there any risk with the above plan?

2. During these 3 years, can I go outside Canada for visiting family, vacation etc or would I be reported if I go out and enter back after my visit outside Canada?

3. Once I have my new PR card, can i sponsor my spouse (as mentioned in previous comments by you, I think you said I wont be able to sponsor). If I can't sponsor for my spouse's permanent residency visa, can I apply any other visa for my spouse to ensure my spouse has full working rights (plus health card, if possible) in Canada?

I will wait for your valuable suggestions, Thanks
 

jakklondon

Hero Member
Oct 17, 2021
582
139
Thanks everyone for your valuable advice. Appreciate it.
Based on your suggestions, I have changed my plan and am very grateful for your honest suggestions. I will arrive in Canada in July 2022 (before expiry date of my PRTD) and will stay there for a period of 3 years to become eligible for Canadian citizenship. It would be immense help if you can please guide me about below 3 questions linked with this:

1. Is there any risk with the above plan?

2. During these 3 years, can I go outside Canada for visiting family, vacation etc or would I be reported if I go out and enter back after my visit outside Canada?

3. Once I have my new PR card, can i sponsor my spouse (as mentioned in previous comments by you, I think you said I wont be able to sponsor). If I can't sponsor for my spouse's permanent residency visa, can I apply any other visa for my spouse to ensure my spouse has full working rights (plus health card, if possible) in Canada?

I will wait for your valuable suggestions, Thanks
1. As long as you are in Canada, are a PR and don't have outstanding report/deportation order, there are no risks in staying in Canada.

2. Anytime you go outside of Canada, you also have to return. Each time you return you will be inspected at the border. And you know the drill. If you are in compliance, you just get admitted. If you are in breach, you still get admitted but you could be reported and potentially deported.

3. Once you are eligible to apply for PR card (accumulated 730 days in Canada), you don't have to wait for actual PR card. Just go ahead and sponsor your spouse.

Disclaimer: I simply answered your questions not knowing all the details of your case. I don't know , for instance, why anyone would suggest that you can't sponsor your wife once you have a new PR card. If in doubt consult licensed immigration attorney (not lay men on public forums, who have no clue about the law and its' practical application). Good luck.
 
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armoured

VIP Member
Feb 1, 2015
15,587
7,934
1. Is there any risk with the above plan?

2. During these 3 years, can I go outside Canada for visiting family, vacation etc or would I be reported if I go out and enter back after my visit outside Canada?

3. Once I have my new PR card, can i sponsor my spouse (as mentioned in previous comments by you, I think you said I wont be able to sponsor). If I can't sponsor for my spouse's permanent residency visa, can I apply any other visa for my spouse to ensure my spouse has full working rights (plus health card, if possible) in Canada?
1. Not really.

2. After you've been in Canada for two years (730 days), there certainly will be no risk - i.e. as long as compliant, you're compliant. If/when you have a valid PR card, it may be lower risk for short trips, but likely not without risk.

3. Since you're entering on an H&C PRTD (I believe - please check), you can apply for a PR card right away (unlike the case for most that are just admitted on an informal leniency basis). I don't believe the H&C determination resolves the RO compliance part that means you cannot sponsor - but I'm not certain.
 
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Wave1rose

Full Member
Jul 7, 2021
27
5
1. Not really.

2. After you've been in Canada for two years (730 days), there certainly will be no risk - i.e. as long as compliant, you're compliant. If/when you have a valid PR card, it may be lower risk for short trips, but likely not without risk.

3. Since you're entering on an H&C PRTD (I believe - please check), you can apply for a PR card right away (unlike the case for most that are just admitted on an informal leniency basis). I don't believe the H&C determination resolves the RO compliance part that means you cannot sponsor - but I'm not certain.
Hello

Thanks for a lot for your helpful advice.
As I may not be able to sponsor my spouse for their PR to Canada until I meet my RO (which will take 2 years), is there any other way I can apply his open work permit or any other visa for spouse to ensure full time working rights?
 

Wave1rose

Full Member
Jul 7, 2021
27
5
1. As long as you are in Canada, are a PR and don't have outstanding report/deportation order, there are no risks in staying in Canada.

2. Anytime you go outside of Canada, you also have to return. Each time you return you will be inspected at the border. And you know the drill. If you are in compliance, you just get admitted. If you are in breach, you still get admitted but you could be reported and potentially deported.

3. Once you are eligible to apply for PR card (accumulated 730 days in Canada), you don't have to wait for actual PR card. Just go ahead and sponsor your spouse.

Disclaimer: I simply answered your questions not knowing all the details of your case. I don't know , for instance, why anyone would suggest that you can't sponsor your wife once you have a new PR card. If in doubt consult licensed immigration attorney (not lay men on public forums, who have no clue about the law and its' practical application). Good luck.
Thanks a lot for your helpful suggestions.
 
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dpenabill

VIP Member
Apr 2, 2010
6,290
3,054
Hello

Thanks for a lot for your helpful advice.
As I may not be able to sponsor my spouse for their PR to Canada until I meet my RO (which will take 2 years), is there any other way I can apply his open work permit or any other visa for spouse to ensure full time working rights?
If the PR TD is coded RC-1 (that is, it is explicitly based on H&C reasons), and you are settled in Canada, there should be no problem making a sponsorship application.

. Since you're entering on an H&C PRTD (I believe - please check), you can apply for a PR card right away (unlike the case for most that are just admitted on an informal leniency basis). I don't believe the H&C determination resolves the RO compliance part that means you cannot sponsor - but I'm not certain.
To be eligible to sponsor there is no direct requirement to be in compliance with the Residency Obligation.

As I recently addressed in some depth, when a PR is in breach of the RO the risk the PR takes applying to sponsor a family member is that in the process of assessing the PR's eligibility, which includes verification of status as a PR, that could trigger a formal RO compliance examination, resulting in a 44(1) Report and the issuance of a Removal Order. It is the issuance of a Removal Order that would make the PR ineligible to sponsor a family member . . . but of course that includes the risk of losing PR status altogether.

If the PR TD is coded RC-1 that constitutes a formal adjudication of status, a decision that the PR meets the RO as of that date. While this is not entirely a binding precedent, it is a practical precedent generally given credit unless there is a substantial change in circumstances warranting a different outcome at a later time . . . so, for example, if in the meantime the PR has relocated to and settled in Canada, and is staying in Canada, the only significant changes in circumstances would NOT invite a different outcome. Thus PRs who have had a favourable H&C decision (in a formal adjudication, such as the issuance of a RC-1 coded PR TD, or the setting aside of a PoE 44(1) Report for H&C reasons by the second, reviewing officer . . . in contrast to a waive through without any Report being prepared) generally are in effect deemed to be in RO compliance as of the date of that decision, and should encounter no problem applying for a new PR card or to sponsor a family member . . . CAVEAT: still a good idea to actually get settled, have a more or less permanent residence in Canada, before proceeding to make these applications; this is more about avoiding difficult and lengthy non-routine processing than the risk of losing status, and it is no guarantee the application will not get bogged down in non-routine processing, but it should improve the odds significantly.
 

armoured

VIP Member
Feb 1, 2015
15,587
7,934
As I may not be able to sponsor my spouse for their PR to Canada until I meet my RO (which will take 2 years), is there any other way I can apply his open work permit or any other visa for spouse to ensure full time working rights?
Please see the response from @dpenabill above, as I had noted, I wasn't sure if/how this restriction applies, and he's confirmed that basically it does not.
 
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Wave1rose

Full Member
Jul 7, 2021
27
5
If the PR TD is coded RC-1 (that is, it is explicitly based on H&C reasons), and you are settled in Canada, there should be no problem making a sponsorship application.



To be eligible to sponsor there is no direct requirement to be in compliance with the Residency Obligation.

As I recently addressed in some depth, when a PR is in breach of the RO the risk the PR takes applying to sponsor a family member is that in the process of assessing the PR's eligibility, which includes verification of status as a PR, that could trigger a formal RO compliance examination, resulting in a 44(1) Report and the issuance of a Removal Order. It is the issuance of a Removal Order that would make the PR ineligible to sponsor a family member . . . but of course that includes the risk of losing PR status altogether.

If the PR TD is coded RC-1 that constitutes a formal adjudication of status, a decision that the PR meets the RO as of that date. While this is not entirely a binding precedent, it is a practical precedent generally given credit unless there is a substantial change in circumstances warranting a different outcome at a later time . . . so, for example, if in the meantime the PR has relocated to and settled in Canada, and is staying in Canada, the only significant changes in circumstances would NOT invite a different outcome. Thus PRs who have had a favourable H&C decision (in a formal adjudication, such as the issuance of a RC-1 coded PR TD, or the setting aside of a PoE 44(1) Report for H&C reasons by the second, reviewing officer . . . in contrast to a waive through without any Report being prepared) generally are in effect deemed to be in RO compliance as of the date of that decision, and should encounter no problem applying for a new PR card or to sponsor a family member . . . CAVEAT: still a good idea to actually get settled, have a more or less permanent residence in Canada, before proceeding to make these applications; this is more about avoiding difficult and lengthy non-routine processing than the risk of losing status, and it is no guarantee the application will not get bogged down in non-routine processing, but it should improve the odds significantly.
Hello

Many Thanks for detailed guidance and explanation. My PRTD has a category of RC-1 and your response is quite helpful in understanding different aspects linked with it.

If sponsorship pathway doesn't work, is there any other way in which I can apply open work permit for my spouse?
 

canuck78

VIP Member
Jun 18, 2017
53,004
12,780
Hello

Many Thanks for detailed guidance and explanation. My PRTD has a category of RC-1 and your response is quite helpful in understanding different aspects linked with it.

If sponsorship pathway doesn't work, is there any other way in which I can apply open work permit for my spouse?
They’d have to find an employer willing to hire them, the employer will need to get an LMIA and then apply for a WP. If they can get a TRV you can apply for in
And processing with an OWP. May be very difficult to get a TRV with all your family in Canada.
 

Wave1rose

Full Member
Jul 7, 2021
27
5
They’d have to find an employer willing to hire them, the employer will need to get an LMIA and then apply for a WP. If they can get a TRV you can apply for in
And processing with an OWP. May be very difficult to get a TRV with all your family in Canada.
Hello

Thanks for your reply, Can you please clarify if TRV is visitor visa? and please let me know what you meant by,' If they can get a TRV you can apply for in
And processing with an OWP. ' can you please elaborate. Many Thanks
 

canuck78

VIP Member
Jun 18, 2017
53,004
12,780
Hello

Thanks for your reply, Can you please clarify if TRV is visitor visa? and please let me know what you meant by,' If they can get a TRV you can apply for in
And processing with an OWP. ' can you please elaborate. Many Thanks
Yes it is a visitor visa. If being sponsored by a spouse inland you can apply for an OWP at the same time. OWP is currently taking 4-6+ months.
 

Wave1rose

Full Member
Jul 7, 2021
27
5
Yes it is a visitor visa. If being sponsored by a spouse inland you can apply for an OWP at the same time. OWP is currently taking 4-6+ months.
Hello

Thanks. The issue is that as mentioned in above comments I may not be eligible to sponsor my spouse (for next 2 years) considering am not meeting RO requirements. My spouse can get an eTA and can come to Canada on that but he wont have any working rights. When we both are in Canada, Can I apply his open work permit even if am not eligble to sponsor him for his PR as a spouse in Canada ? or is that NOT allowed?
OR
Hes eligible to apply for International Experience Canada (IEC) program, if we apply for that and if hes successful, is that a better option or does it have any issue considering our plan is to apply his PR in Canada as soon as am allowed to sponsor him, ?

Please guide me. Thanks
 

canuck78

VIP Member
Jun 18, 2017
53,004
12,780
Hello

Thanks. The issue is that as mentioned in above comments I may not be eligible to sponsor my spouse (for next 2 years) considering am not meeting RO requirements. My spouse can get an eTA and can come to Canada on that but he wont have any working rights. When we both are in Canada, Can I apply his open work permit even if am not eligble to sponsor him for his PR as a spouse in Canada ? or is that NOT allowed?
OR
Hes eligible to apply for International Experience Canada (IEC) program, if we apply for that and if hes successful, is that a better option or does it have any issue considering our plan is to apply his PR in Canada as soon as am allowed to sponsor him, ?

Please guide me. Thanks
If you received H&C based on you may be able to sponsor your spouse earlier. Is your husband from a visa exempt country? There is no way for him to get an OWP through you unless it with inland sponsorship. Assume he is under 35. If his home country participates in IEC and he can get selected that would be an option. Some of the IECs countries require you to be living in that country when you apply for IEC.
 
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