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I was issued R-1 PRTD ? what does this mean

HassanS

Full Member
Jun 5, 2013
29
2
Hi all,

My PR expired in 2015 , didn't meet residency obligation. Requested a PRTD (on H&C ground) ==> was issued lately an R-1 Visa ? is that correct ? should I go back to the embassy and tell them about it? should n't be RC-1 ?

thanks for your help.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Hi all,

My PR expired in 2015 , didn't meet residency obligation. Requested a PRTD (on H&C ground) ==> was issued lately an R-1 Visa ? is that correct ? should I go back to the embassy and tell them about it? should n't be RC-1 ?

thanks for your help.
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.”

A31(3) Travel document “RC-1” counterfoil coding: Permanent residents without a permanent resident card / positive H&C case: 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 under A28(2)(c) on the basis of H&C considerations, counterfoil coding is “RC-1.”


R-1 means that you meet the Residency obligation (either by spending 2 of past 5 years in Canada, or living with Canadian citizen spouse).

RC-1 means you didn't meet the RO, but had a valid H&C reason that was approved to overcome the RO.

If the latter applies to you, then yes the PRTD was issued in error and should have had RC-1 coding. RC-1 coding would have ensured that you could renew your PR card immediately upon arriving back in Canada under H&C reason already approved.

R-1 coding means that if you applied immediately to renew your PR card, the officer processing it would do a new residency determination, see you don't meet the RO at time of applying for renewal, and may need to assess your H&C reason all over again. If this happened, there wouldn't be a guarantee of a successful outcome.

This situation is not uncommon, as there are several other people that have posted the exact same situation. Unfortunately none have reported back saying what exactly they did or what final outcome was i.e. ask the visa office to amend PR TD to RC-1, enter Canada with R-1 PR TD and attempt to renew card, etc. So really impossible to suggest the best course of action.
 

HassanS

Full Member
Jun 5, 2013
29
2
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.”

A31(3) Travel document “RC-1” counterfoil coding: Permanent residents without a permanent resident card / positive H&C case: 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 under A28(2)(c) on the basis of H&C considerations, counterfoil coding is “RC-1.”


R-1 means that you meet the Residency obligation (either by spending 2 of past 5 years in Canada, or living with Canadian citizen spouse).

RC-1 means you didn't meet the RO, but had a valid H&C reason that was approved to overcome the RO.

If the latter applies to you, then yes the PRTD was issued in error and should have had RC-1 coding. RC-1 coding would have ensured that you could renew your PR card immediately upon arriving back in Canada under H&C reason already approved.

R-1 coding means that if you applied immediately to renew your PR card, the officer processing it would do a new residency determination, see you don't meet the RO at time of applying for renewal, and may need to assess your H&C reason all over again. If this happened, there wouldn't be a guarantee of a successful outcome.

This situation is not uncommon, as there are several other people that have posted the exact same situation. Unfortunately none have reported back saying what exactly they did or what final outcome was i.e. ask the visa office to amend PR TD to RC-1, enter Canada with R-1 PR TD and attempt to renew card, etc. So really impossible to suggest the best course of action.
I applied for PRTD based on H&C reasons but I dont why they printed R-1 !
I will go to the embassy and check this out.

maybe this means that I am giving a last chance to enter and stay in Canada for two years then apply for PR ,

will my kids be who were issued similar counterfoil be able to join the school or college? will I have difficulties if they said there was no error and I stay with expired PR cards.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
I applied for PRTD based on H&C reasons but I dont why they printed R-1 !
I will go to the embassy and check this out.

maybe this means that I am giving a last chance to enter and stay in Canada for two years then apply for PR ,

will my kids be who were issued similar counterfoil be able to join the school or college? will I have difficulties if they said there was no error and I stay with expired PR cards.
Staying inside Canada as a PR with no PR card is perfectly legal.

However, having no valid PR cards for 2 years may present difficulties. I know some schools ask to see valid PR cards as proof of status in order to be enrolled as a Canadian student. And depending on the province, other places may ask to see PR card for various things as well. So you really need to contact any place directly, and see what they will accept as proof of PR status in lieu of a valid PR card.

IRCC would not grant someone a PR TD and then expect them to stay in Canada for 2 years with no card and unable to travel. Since your PR TDs were approved, this should mean your H&C reason was accepted and you would be expected to file for PR card renewal immediately upon returning to Canada. This would make your life much easier for the next 2 years in Canada. I really don't know how the R-1 coding complicates this, so asking your local embassy or visa office to ensure your H&C acceptance is on your record, is probably the best decision.
 

HassanS

Full Member
Jun 5, 2013
29
2
Update:
I went to the Canadian Embassy but they wont let me talk to any one ?
they asked me to write what I want with my contact number and they will contact me later. So I did tell them about the R-1 and gave them my application number and told them it was based on H& C ground !! I got a call back an hour later from the embassy and the lady on the phone told me that My "Visa" is correct ! I tried to explain and mentioned that I need to sponsor my 3 years old boy who was born outside Canada but she insisted on saying that the R-1 is perfectly correct and it will allow me to enter Canada ... something I already know! & she even asked me where I got this information about RC1 and told her from the Net.

anyways, I am confused now. At one hand I want to go back and my intention is to stay permanently, but on the other hand I don't want to go there & have to wait for 2 years so that I can sponsor my child or put my other children who are 13 and 16 in school (secondary school)

should I contact a lawyer in Canada and can she help me find out about my status ?
should I contact the IRCC in Canada ? would that risk me losing my R-1 PRTD ?
what should I do ?

from this forum I understand that R-1 is not for those who didn't meet their RO but for those who did meet it but their PR card expired and this was not my situation! I clearly applied for PRTD based on H&C ground!!

Please help !! answering my questions and if you can give me good lawyer phone number.

Thanks all.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Update:
I went to the Canadian Embassy but they wont let me talk to any one ?
they asked me to write what I want with my contact number and they will contact me later. So I did tell them about the R-1 and gave them my application number and told them it was based on H& C ground !! I got a call back an hour later from the embassy and the lady on the phone told me that My "Visa" is correct ! I tried to explain and mentioned that I need to sponsor my 3 years old boy who was born outside Canada but she insisted on saying that the R-1 is perfectly correct and it will allow me to enter Canada ... something I already know! & she even asked me where I got this information about RC1 and told her from the Net.

anyways, I am confused now. At one hand I want to go back and my intention is to stay permanently, but on the other hand I don't want to go there & have to wait for 2 years so that I can sponsor my child or put my other children who are 13 and 16 in school (secondary school)

should I contact a lawyer in Canada and can she help me find out about my status ?
should I contact the IRCC in Canada ? would that risk me losing my R-1 PRTD ?
what should I do ?

from this forum I understand that R-1 is not for those who didn't meet their RO but for those who did meet it but their PR card expired and this was not my situation! I clearly applied for PRTD based on H&C ground!!

Please help !! answering my questions and if you can give me good lawyer phone number.

Thanks all.
Again it's impossible for anyone here to say, since i've never seen someone in your similar situation post what their experience was after they arrived back in Canada and if they applied immediately for PR card renewal.

Perhaps in your records on IRCC system, it shows the approved H&C reasons for issuing the PRTD, and R-1 coding was just a typo. Only the visa officers really know.

If you returned back to Canada with your current PR TD, you could certainly attempt to apply for PR card renewal immediately and explain your situation. Seeing as the PR TD was issued to you so recently, there may be a good chance of success here. Again though I am not certain I'm just guessing.

If the PR card is renewed, that means you can then go ahead and sponsor your family. If it was denied, you could then appeal and stay in Canada and even get 1-year temporary PR cards, but could not sponsor your family until the appeal was won.
 

algdantes

Star Member
Sep 7, 2016
54
5
Hi, I went through the exact same thing. I applied for a PRTD under H&C and got an R-1 coding. I'm already in Canada right now and have applied to renew my PR Card.

I got a letter from CIC a week ago that I could go pick up my card and bring a few documents for a final interview by Wednesday this week. I'll post here if it all goes well.

If I were you, I wouldn't get too hung up on the coding. It was the embassy that gave you the PRTD and it's their responsibility to process your application correctly. Just don't waste the opportunity and come to Canada as soon as you can.
 
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HassanS

Full Member
Jun 5, 2013
29
2
thanks alot for the information algdantes . I hope you get your card fast.
can you tell us how long has it been since you applied?
did you apply right away or waited !
please update us what will happen with you.

wish you all the success
 

HassanS

Full Member
Jun 5, 2013
29
2
Hi, I went through the exact same thing. I applied for a PRTD under H&C and got an R-1 coding. I'm already in Canada right now and have applied to renew my PR Card.

I got a letter from CIC a week ago that I could go pick up my card and bring a few documents for a final interview by Wednesday this week. I'll post here if it all goes well.

If I were you, I wouldn't get too hung up on the coding. It was the embassy that gave you the PRTD and it's their responsibility to process your application correctly. Just don't waste the opportunity and come to Canada as soon as you can.
thanks alot for the information algdantes . I hope you get your card fast.
can you tell us how long has it been since you applied?
did you apply right away or waited !
please update us what will happen with you.

wish you all the success
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
If I were you, I wouldn't get too hung up on the coding. It was the embassy that gave you the PRTD and it's their responsibility to process your application correctly. Just don't waste the opportunity and come to Canada as soon as you can.
The potential problem isn't with the embassy/visa office that issued the PR TD in the first place, it's with the person in Canada that would be processing the PR card renewal app. If they don't see a H&C reason approved on your record, and if you don't meet the RO, then they may need to re-assess the H&C reason all over again. And there is no guarantee this person will agree to the H&C reason like the visa officer outside Canada did previously.

That being said, if by some chance the PR card renewal was rejected, one would probably have a good chance to win in an appeal considering the recent PR TD approval. It doesn't make sense at all to issue a PR TD and then reject a PR card renewal app done shortly after.

And based on your case of a successful PR card renewal app, perhaps IRCC did note the H&C reason on record and for whatever reason just put the wrong coding on the PR TD.
 

algdantes

Star Member
Sep 7, 2016
54
5
thanks alot for the information algdantes . I hope you get your card fast.
can you tell us how long has it been since you applied?
did you apply right away or waited !
please update us what will happen with you.

wish you all the success
I applied right away. I arrived March 8, mailed my application by March 15, my package was returned to me March 21 asking for a colored Photo ID, they sent me an email with a client number by June 7 (this was also when they began officially processing my application), then June 27 I got a letter saying I need to go pick my card up

My appointment with CIC is scheduled at July 19. So I'll tell you guys how that goes.
 
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HassanS

Full Member
Jun 5, 2013
29
2
The potential problem isn't with the embassy/visa office that issued the PR TD in the first place, it's with the person in Canada that would be processing the PR card renewal app. If they don't see a H&C reason approved on your record, and if you don't meet the RO, then they may need to re-assess the H&C reason all over again. And there is no guarantee this person will agree to the H&C reason like the visa officer outside Canada did previously.

That being said, if by some chance the PR card renewal was rejected, one would probably have a good chance to win in an appeal considering the recent PR TD approval. It doesn't make sense at all to issue a PR TD and then reject a PR card renewal app done shortly after.

And based on your case of a successful PR card renewal app, perhaps IRCC did note the H&C reason on record and for whatever reason just put the wrong coding on the PR TD.
 

HassanS

Full Member
Jun 5, 2013
29
2
I wish you all the best.

did you use a lawyer when you applied for a card renewal or just downloaded and mailed the application?

How did you answer the question asking about how long you spent in Canada in last 5 years? did you explained that you didn't meet residency Obligation.

I would greatly appreciate your answers.
 

algdantes

Star Member
Sep 7, 2016
54
5
Hi, just an update on my PR Card renewal. I got my new card on Wednesday with absolutely no problem at all. I pretty much just handed my old PR Card, showed the officer my passport, chatted a little bit about him wanting to go on vacation soon, and I got my card.

Simple as that. The counterfoil on my PRTD was R-1 too. I'm guessing you won't have an isse with yours as well. It just takes some time. Mine took around 4 months to fully process.

Best of luck!
 

algdantes

Star Member
Sep 7, 2016
54
5
I wish you all the best.

did you use a lawyer when you applied for a card renewal or just downloaded and mailed the application?

How did you answer the question asking about how long you spent in Canada in last 5 years? did you explained that you didn't meet residency Obligation.

I would greatly appreciate your answers.
I was completely honest with my application for a PRTD and when I was questioned after landing. I was removed as a minor and had to stay due to family issues. I filed for a PRTD right before I turned 22 years old.

I made it clear in my renewal application that I didn't meet the residency requirement but was issued a PRTD under H&C reasons. There was absolutely no need for a lawyer or even an agent.

Just be honest with your answers and be consistent. What you said in your PRTD application should be the same when you land and when you apply for a new card.

The card takes roughly 4 months to process so be prepared to wait. Other than that, an R-1 counterfoil gave me no problems.
 
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