Hello everyone, I have received a PRTD R-1 after living abroad for 3+ years straight. For some reason the R-1 has a permanent resident title in it as well. I looked up online and found out that the R-1 means I met the residency obligation, I did apply with humanitarian consideration that does not fall under any of the normal circumstances such as working for a Canadian company. Despite of anything, I'm a little confused about whether I should apply for a new PR card or not when I get there.
Got an R-1 but have not met the 2 year residency requirement
- Thread starter carlE
- Start date
If you are an employee of, or under contract to, a Canadian business, it can be counted for your residency obligations.
Situation A. Employment outside Canada
You may count each day you worked outside Canada if:
Situation A. Employment outside Canada
You may count each day you worked outside Canada if:
- you are an employee of, or under contract to, a Canadian business or the public service of Canada or of a Canadian province or territory and
- as a term of your job or contract, you are assigned on a full-time basis to:
- a position outside Canada
- an affiliated enterprise outside Canada or
- a client of the Canadian business or the public service outside Canada; and
- you will continue working for the employer in Canada after the assignment.
- a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada
- an enterprise that:
- has an ongoing operation in Canada
- is capable of generating revenue
- is carried out in anticipation of profit
- in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined above or
- an organization or enterprise created by the laws of Canada or a province
The general advice in past has been to wait until in compliance again. I recently also discovered this meaning of the R-1 visa. So now my view is there is no risk on applying if you do not leave Canada while the pr card application is being reviewed and processed.
Sorry, maybe I wasn't clear when I said I applied for a humanitarian consideration under a non conventional circumstance. I meant that it wasn't through working for a Canadian company nor any of the other conditions listed on the cic website, yet I received an R-1.
That makes sense to me. As soon as I get back to work in Canada, I will try to apply and wait. I have no need to leave Canada again, so waiting for the new card won't be a problem
Isn’t R1 supposed to be complied with RO but no H&C? If you got lucky and got PRTD R1 in error you should not apply for a new PR card until you actually meet RO. There is a very good chance your RO compliance will be examined again if you apply for PR card on arrival in Canada.
If you have no plan to leave Canada soon, I think waiting to meet RO again before applying to renew your PR card would be the safest.
Up to you to risk it or wait.
Maybe I should wait till I meet the two yea
Yes, I guess I won't take any risk because I was already fortunate enough to be considered a pr after all. Thank you all, I think I've made my decision. Have a nice rest of the week. Take care!
I see no reason to delay the application for a card on the basis that IRCC might have granted you the R-1 visa - that you were in compliance 'straight-up' - in error.
If anything, the likelihood would be far higher that they issued the R-1 instead of RC-1 (H&C considersations, which you said you had).
Holding off because of the idea that they did it entirely in error AND would discover it when you applied for the PR card (when they are far more likely to just accept the determination in the system, esp when rent) AND decide as a result that they would start the process of revoking your PR status ...
...INSTEAD OF...
... following the in-house regualtions on what to do by issuing the PR card and asking you to pick it up in country...
That interpretation is to me silly and paranoid.
You have a point, I also thought it was crazy that they issued the R-1 by mistake. The decision was made within a week, I'm not sure they would have made a decision so quickly to realize later that they made a mistake
RC1 automatically qualifies for PR card renewal without meeting RO so not meeting RO would never be an issue.
If not compliant and someone got the PRTD without H&C why risk losing your PR status when you enter Canada?
I left Canada just before the pandemic in January 2020. I was in Canada for 15 days in December of the same year and one week in April 2022. My PR card expired in May 2023. So not even 6 months