PRTD (R-1 instead of RC-1), Entry to Canada, and PR Status

[arkadash96]

Hi!

I became a permanent resident of Canada in 2015. However, about one month later, I left Canada permanently because of my family’s decision at the time, when I was 17 years old. In 2022, I applied for a PRTD on H&C grounds. After almost four years!!, My PRTD was approved. My circumstances have also changed significantly during these past four years, and I am now enrolled in a post-secondary degree program.

I have a few questions, and I would be very grateful if you could help me, as the information available to me is very limited.

1. My PRTD is marked as R-1 rather than RC-1, which seems unusual to me. Could this be a mistake by the embassy, or might there be another reason for it?
2. My PRTD is valid for six months. Because I need to defend my program, the earliest I may be able to travel to Canada is about 14 days before it expires. Would this affect my situation, or is it acceptable as long as the PRTD is still valid at the time of entry?
3. To reduce risk, I am considering avoiding applying for a PR card for the next two years. I already have a SIN, but I understand that it may become inactive and may require proof of valid permanent resident status to be reactivated. I only have my expired CoPR and expired PR card from many years ago. Would I still be able to work in this situation? When I checked with Service Canada online, it said that I need to go in person.
4. In terms of obtaining a driver’s licence, would it still be possible for me to apply using a valid PRTD together with my expired PR card and expired CoPR?
5. I understand that an expired PR card is generally not useful. Is there any way for me to deal with the issues mentioned above without applying to renew my PR card before meeting the residency obligation again? I would like to avoid any risk of a section 44(1) report as much as possible.

Your guidance would be extremely important to me and would directly help me decide how to proceed.

 

[armoured]

Hi!

I became a permanent resident of Canada in 2015. However, about one month later, I left Canada permanently because of my family’s decision at the time, when I was 17 years old. In 2022, I applied for a PRTD on H&C grounds. After almost four years!!, My PRTD was approved. My circumstances have also changed significantly during these past four years, and I am now enrolled in a post-secondary degree program.

I have a few questions, and I would be very grateful if you could help me, as the information available to me is very limited.

1. My PRTD is marked as R-1 rather than RC-1, which seems unusual to me. Could this be a mistake by the embassy, or might there be another reason for it?
2. My PRTD is valid for six months. Because I need to defend my program, the earliest I may be able to travel to Canada is about 14 days before it expires. Would this affect my situation, or is it acceptable as long as the PRTD is still valid at the time of entry?
3. To reduce risk, I am considering avoiding applying for a PR card for the next two years. I already have a SIN, but I understand that it may become inactive and may require proof of valid permanent resident status to be reactivated. I only have my expired CoPR and expired PR card from many years ago. Would I still be able to work in this situation? When I checked with Service Canada online, it said that I need to go in person.
4. In terms of obtaining a driver’s licence, would it still be possible for me to apply using a valid PRTD together with my expired PR card and expired CoPR?
5. I understand that an expired PR card is generally not useful. Is there any way for me to deal with the issues mentioned above without applying to renew my PR card before meeting the residency obligation again? I would like to avoid any risk of a section 44(1) report as much as possible.

Your guidance would be extremely important to me and would directly help me decide how to proceed.

1. I cannot see into IRCC's decision process but I would treat this as, well, 'lucky.' Assuming you are now ~22 and only spent one month in Canada, the usual 'humanitarian and compassionate' (RC-1 code) would not seem to apply. So overall I think your caution is warranted at least at first.
2. No issue.
3. You have the *right* to work as a PR, whether you have entered on a PRTD, R-1 coded, whatever. My suggestion is arrive and use your SIN as intended and don't raise the issue. IF anything comes up, it will come up as either CRA or the SIN administration (econ and development Canada? I forget) requesting more information from the employer. (It could also come up when contacting CRA re paying taxes). At any rate: deal with it when the subject comes up. Important point: the govt contacting your employer is NOT a sign you or the employer is in trouble, nor that you're working illegally. It will basically be a form of "pls provide copy of ID of this person, this SIN has not been used for a long time [and may be on an inactive list.]" Inactive does not mean it cannot be used for work purposes by the rightful user of the SIN.
Most cases I'm aware of involving these 'inactive' SIN numbers in similar situations seem to have eventually resolved themselves by the PR either providing information or possibly going to a Service Canada location (unfortunately not many reports of what has actually happened and how they resolved it).* So don't worry excessively and deal with it when it comes up.
4. I don't know, possibly depends on province, try it and see.
5. I don't have any firm guidance. One thing I'd suggest is see what i(f anything) the CBSA officer at border says when you enter. You are not required to have a valid PR card while you are in Canada and do not leave, the PR card - even if expired - is prima facie evidence that you are/were a PR. You may find it is not a significant issue in the day-to-day, but that may also depend.

* My spouse had this in a different context entirely (had lost PR via renunciation and then became a PR 'anew') - and a phone call with some docs provided resolved the situation (I don't remember details but was trivial really).