Permanent resident travel document troubles

[Jiniya]

My wife has been PR since August, but went abroad for family reasons about 3 months later. Now she's in Korea without a PR card, and applying for a travel document so she can return.

Section 14 asks for activities from the past 5 years. It also says if PR less than 5 years only list activities since PR. I want to be sure we understand this correctly.

If we're only submitting activities for those 3.5 months, then all the records from the past 5 years don't need to be included?

Section 15 asks for time inside Canada over the past 5 years or, if PR less than 5 years only list time since PR. If I understand correctly this is just over 3 months. We have lots of records showing that she was here, but since they are before PR, they don't count? We would leave it off the application, and not include the documents?

Now we are supposed to add up her time in Canada compared to 730 days. She has over 1400 days in the past 5 years, but only 109 since PR. Did she make a terrible mistake leaving before receiving a PR card? We didn't realize this would be a problem.

What can we do? Is "humanitarian grounds" our only option? It all seems so redundant after we already proved everything to qualify for PR...

 

[k.h.p.]

She hasn't made a terrible mistake by leaving before getting her PR card, just one that you have to get a PRTD to come back.

As she has just received PR, she is not required to have 730 days in Canada since becoming PR. She just needs to fill out the form, as described, and wait for it to be processed. In the meantime, has her PR card arrived to your address? Could you courier it to her?

 

[Jiniya]

Thanks for the reassurance!

I can only find information for PR renewals and replacements. There's practically nothing for new recipients.

I really appreciate your answering!

I'm not sure it's legal to send the PR card by courier. Doesn't matter for us, because we still haven't received it yet.

 

[armoured]

For the first five years it's easier to think of it as not being out of Canada more than 1095 days. Since much less than that has passed since she became a pr, she's still in compliance with the residency obligation.

 

[Jiniya]

That's a great reply, thanks!

The clock for absence from Canada starts when PR is granted, right?

 

[k.h.p.]

That's a great reply, thanks!

The clock for absence from Canada starts when PR is granted, right?

Yes.

Also - it's not illegal to courier a PR card. It's just a document, you can theoretically courier it anywhere.

 

[Jiniya]

Thanks for all the help!

 

[candadream]

My wife has been PR since August, but went abroad for family reasons about 3 months later. Now she's in Korea without a PR card, and applying for a travel document so she can return.

Section 14 asks for activities from the past 5 years. It also says if PR less than 5 years only list activities since PR. I want to be sure we understand this correctly.

If we're only submitting activities for those 3.5 months, then all the records from the past 5 years don't need to be included?

Section 15 asks for time inside Canada over the past 5 years or, if PR less than 5 years only list time since PR. If I understand correctly this is just over 3 months. We have lots of records showing that she was here, but since they are before PR, they don't count? We would leave it off the application, and not include the documents?

Now we are supposed to add up her time in Canada compared to 730 days. She has over 1400 days in the past 5 years, but only 109 since PR. Did she make a terrible mistake leaving before receiving a PR card? We didn't realize this would be a problem.

What can we do? Is "humanitarian grounds" our only option? It all seems so redundant after we already proved everything to qualify for PR...

is it common to leave Canada after getting PR?

 

[Jiniya]

Maybe not. I had no luck finding relevant info on gov or any other sites.

The only guidance I could find was for renewal. The travel document application only counts post-PR time in Canada. This makes it look like a new PR (under 2 years) is automatically unqualified to re-enter Canada.

The application then says if you have under 730 days in Canada (since PR) your only option is a humanitarian plea.

According to the helpful posters here that's not the case. Huge relief!

In our case there was a family issue to attend.

 

[steaky]

Maybe not. I had no luck finding relevant info on gov or any other sites.

The only guidance I could find was for renewal. The travel document application only counts post-PR time in Canada. This makes it look like a new PR (under 2 years) is automatically unqualified to re-enter Canada.

The application then says if you have under 730 days in Canada (since PR) your only option is a humanitarian plea.

According to the helpful posters here that's not the case. Huge relief!

In our case there was a family issue to attend.

Perhaps contacting this poster might be helpful because he probably has his/her PR travel document or getting soon:

https://www.canadavisa.com/canada-immigration-discussion-board/threads/prtd-permanent-resident-travel-document-how-long-to-wait.735228/#post-9488620

 

[armoured]

Maybe not. I had no luck finding relevant info on gov or any other sites.

The only guidance I could find was for renewal. The travel document application only counts post-PR time in Canada. This makes it look like a new PR (under 2 years) is automatically unqualified to re-enter Canada.

The application then says if you have under 730 days in Canada (since PR) your only option is a humanitarian plea

Then you have read incorrectly.

The instructions say:
"
If you have been a permanent resident for less than five (5) years

• you must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident."

"Will be able to meet" here means you can include the time remaining in your first five year period. Two years remaining equals 730 days. If you're less than three years into your first five year period, you're compliant.

 

[Jiniya]

Then you have read incorrectly.

The instructions say:
"
If you have been a permanent resident for less than five (5) years

• you must show that you will be able to meet the minimum of 730 days of physical presence in Canada within five (5) years of the date you became a permanent resident."

"Will be able to meet" here means you can include the time remaining in your first five year period. Two years remaining equals 730 days. If you're less than three years into your first five year period, you're compliant.

I did miss that entirely, thank you!!!

This squares with the earlier reply that the challenge might better be viewed as proving you haven't been outside Canada over 3 years' time.

 

[armoured]

I did miss that entirely, thank you!!!

This squares with the earlier reply that the challenge might better be viewed as proving you haven't been outside Canada over 3 years' time.

Yes, that was my point. Note cbsa will see this as time in Canada, but for many it's easier to keep track of time outside Canada.