PRTD R-1 Granted on Successful H&C Grounds

[TrailBaker]

Hello!

I'm hoping to get some clarity and understanding of my situation as I look to return to Canada. I plan to speak to an immigration lawyer as soon as I land, but any thoughts from the community would be really appreciated.

• I moved to Canada in 2015.
• I became a permanent resident in 2019.
• I had to return to the UK for personal reasons in 2020.
• My PR card expired in 2024.
• As of 2025, I can return to Canada and have a job offer.
• I applied for a PRTD under H&C grounds to return to Canada, as I no longer meet the RO.
• I was granted an R-1 PRTD (multiple entry, 12-month expiry).
• I applied for GCMS notes to see if PRTD was granted on H&C grounds.
• Notes confirm that I was given the PRTD due to H&C eligibility.

First question: Was a mistake made in granting an R-1 PRTD (normally, an R-1C is granted for H&C cases)? And if so, should I reach out to the embassy?

Second question: An R-1C would have given me the green light to renew my PR card as soon as I return to Canada. However, if I enter Canada with an R-1 PRTD should I be safe to apply to renew my PR card under the same H&C grounds given that I can see in my file that the H&C case was successful?

Cheers!

 

[armoured]

First question: Was a mistake made in granting an R-1 PRTD (normally, an R-1C is granted for H&C cases)? And if so, should I reach out to the embassy?

Second question: An R-1C would have given me the green light to renew my PR card as soon as I return to Canada. However, if I enter Canada with an R-1 PRTD should I be safe to apply to renew my PR card under the same H&C grounds given that I can see in my file that the H&C case was successful?

I don't think it is worthwhile to reach out to the embassy to correct this. All here just in my opinion.

Apply for PR card renewal when back in Canada. They will check the file to see on what basis your PRTD was granted. It may take a while to get the card renewed, but there should be little risk.

In the meantime you can still work with your SIN from before. You may face issues getting a new health card, depending on province, but keep at it.

 

[dpenabill]

I'm hoping to get some clarity and understanding of my situation as I look to return to Canada. I plan to speak to an immigration lawyer as soon as I land . . .

Absolutely a good idea to get assistance from an immigration lawyer.

The sooner you are back in Canada to stay, and you stay, the better.

No time to explain at length, but this is a scenario in which it may be prudent to follow the conventional wisdom and wait to apply for a PR card when the RO is met based on days in Canada within the last five years.

Or at least wait until getting well settled into a life and into work IN Canada before applying, the longer IN Canada the safer.

It might be safe, but if a PR card application is made shortly after returning here, the PR card application should again specifically include the information and documentation that will support H&C relief.

Reminder: unless and until you have been present in Canada 730 days within the preceding five years, you are NOT in compliance with the RO. That is grounds for determining inadmissibility UNLESS there are sufficient H&C factors to warrant allowing you to keep PR status. Since you have a positive decision of this sort, that greatly reduces the risk of a different outcome when your RO compliance is again reviewed . . . that is, as long as you are here and staying, it has already been determined the H&C case is such you should be allowed to keep your PR status.

 

[TrailBaker]

Thank you both for your replies. Unfortunately, I won't be able to wait the full two years to meet my RO before applying for renewal as I will likely need to return occasionally to the UK (for the same H&C reasons that required me to leave in the first place). This should be no more than twice a year (for a week or two), but I won't be able to stay in Canada for two or two full years without leaving after my arrival.

It seems like the best course of action is to get settled for a few months, speak to an immigration lawyer, and then apply for renewal with my same H&C case.