Curious on what grounds you were able to get a PRTD got refused and you appealed?
Got R-1 visa. What's next?
- Thread starter Kaba16
- Start date
Dear KabaI recently got my R-1 visa after applying on H&C grounds(minor at time of return and have turned 18 now).
It is a multiple entries visa and valid for up to two years.
What I want to know:-
1. When should I apply for my pr card ? (I did not meet my residency obligation of 2 years when I was there in 2006)
2. Is there any restriction on where I would have to live in upon my return to Canada? (I received PR in Winnipeg)
Any other tips would be sincerely appreciated as well
As you got PRTD , pls let me know that how much time you lived in Canada as a child in 2006... As same case is with my daughter, she as an infant lived about three weeks in 2006 as PR.. Can she get the PRTD on H & C grounds if she apply on reaching 18
We have actually seen recent refusals. It seems that many were using this reason with little connection to Canada and it was being abused. We will see if young adults continue to be refused.
Just want to add one more thing...
Please do not renounce her PR until you have tried all other options. I do not know of other options, just keep renouncing as a last resort.
Dear all;
Few days ago, my wife received R-1 visa valid for four months only from the Canadian Embassy. Could you please provide me with detail information about the next steps to get new PR Card? I will be very appreciated.
Best Regards
Few days ago, my wife received R-1 visa valid for four months only from the Canadian Embassy. Could you please provide me with detail information about the next steps to get new PR Card? I will be very appreciated.
Best Regards
Others can comment but See this post below about similar situation which if I read correctly that the R1 was issued to allow someone who has failed the RO the advice is to return to Canada and to stay put for 2 years to reset the residency obligation before attempting to renew a PR card which can only be done in Canada.
Not enough information in your post to say why the R1 was issued which needs to be used whilst valid.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/got-r-1-visa-whats-next.565664/
https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/apply-renew-replace.html
Hello ,
I have also received my permanent resident travel document on humanitarian and compassionate(H&C) grounds. I also received my PRTD with R-1 counterfoil however after some hassle I was able to receive a correct PRTD with RC-1 counterfoil(correct one for PRTDs given on H&C grounds).
However I have been checking PR card renewal application form and document checklist. I saw nothing in these documents that would allow me to declare that my PRTD was given on H&C grounds, except for photocopy of my passport as an ID declaration. On the other side, in these documents I am asked to provide information about my whereabouts for the past 5 years, which is not Canada due to reasons that also granted me my PRTD on H&C grounds.
My questions are:
- How can I make sure that the officers will clearly understand that my PRTD was given on H&C grounds when I apply for a PR card renewal?
- Is the decision made for granting me a PRTD on H&C grounds the final one? Or will the PR card giving officers reevaluate my status for permanent residency? Or will they just check whether I have the correct documents?
- If I am called for an interview, can my representative attend the interview in my name instead of me?
Thank you for taking the time to read my questions and it would really be so wonderful if anyone could help me
I have also received my permanent resident travel document on humanitarian and compassionate(H&C) grounds. I also received my PRTD with R-1 counterfoil however after some hassle I was able to receive a correct PRTD with RC-1 counterfoil(correct one for PRTDs given on H&C grounds).
However I have been checking PR card renewal application form and document checklist. I saw nothing in these documents that would allow me to declare that my PRTD was given on H&C grounds, except for photocopy of my passport as an ID declaration. On the other side, in these documents I am asked to provide information about my whereabouts for the past 5 years, which is not Canada due to reasons that also granted me my PRTD on H&C grounds.
My questions are:
- How can I make sure that the officers will clearly understand that my PRTD was given on H&C grounds when I apply for a PR card renewal?
- Is the decision made for granting me a PRTD on H&C grounds the final one? Or will the PR card giving officers reevaluate my status for permanent residency? Or will they just check whether I have the correct documents?
- If I am called for an interview, can my representative attend the interview in my name instead of me?
Thank you for taking the time to read my questions and it would really be so wonderful if anyone could help me
Overall: as long as you used the PR Travel Document to timely make the trip to Canada and you are now living in Canada, so far as we know and reporting has suggested, the odds are very good that IRCC will recognize the decision on H&C grounds (the Visa Office decision should be readily and clearly visible in your GCMS record when IRCC processes a PR card application) and, in effect, rely on that decision in processing the PR card application.
That is NOT for certain. The Visa Office decision is generally given full effect but it is NOT necessarily binding. Which is why it warrants repeating and emphasizing that subsequent circumstances could influence how it goes . . . the most salient circumstance being whether or not the PR is living AND mostly staying in Canada . . . at the time the PR card application is made AND while the PR card application is in process.
Beyond that it is difficult to describe the weight a Visa Office H&C decision carries and even more difficult to assess how that will affect a LATER PR Residency Obligation determination. Best I can describe it is that the Visa Office H&C decision carries a lot of weight but is NOT binding. And, in particular, later circumstances can influence the weight it is given.
Probably better to wait to apply for the PR card AFTER firmly establishing actual residence in Canada and being settled for awhile at that location. For sure better to STAY in Canada after arrival, and continue to stay pending the final outcome of the PR card application.
The longer and more firmly you are settled in Canada before making the PR card application, the less risk there is of an adverse outcome. That said, depending on what your H&C reasons are, if they are solid H&C reasons (example: a PR who was living in Canada as a child, in Canada for years, then removed while a child, who applied for the PR TD soon after reaching the age of majority . . . and especially if this PR has other family in Canada), no need to wait much at all . . . just get settled in Canada and apply -- in such a situation, solid H&C reasons for the PR TD AND now settled in Canada, the odds of NO PROBLEM with the PR card application process are very good.
INTERVIEWS:
Ordinarily the PR will need to personally appear for a scheduled interview attendant PR card application processing. After all, verification of identity is the foremost requirement for granting a PR card.
In the context of appeals, many times the PR is not able to attend in person in which cases PRs may be represented by authorized representatives and, or, attend the IAD hearing via telephone conference. But this is NOT how it works if an interview is scheduled in the processing of a PR card application.
Note, most PR card applications are processed without a personal interview. Sometime interviews are scheduled, of course. And a significant number of PRs are required to appear in person for delivery of the PR card, attendant which there is a counter-interview (which is relatively informal and typically perfunctory, here too verification of identity being the primary objective, and just a few questions which are mostly screening for signs of something wrong about the applicant's case). The latter is more common. And for sure the PR must PERSONALLY appear to be delivered the new PR card (noting that more often the PR card is mailed and in-person delivery is not required).
SUMMARY: The Visa Office H&C decision will ordinarily be recognized and given effect. The Visa Office decision will be clear in the PR's records. However, the prior H&C decision does NOT guarantee a favourable decision in any later RO compliance determination. Ongoing circumstances can influence how things go.
SOME FURTHER OBSERVATIONS:
The decision to grant a PR TD on H&C grounds is a "final" decision, as of THE DATE that decision was made and for purposes of the RO compliance determination made given the situation on that date. So the PR TD is valid and will suffice for the purpose it was issued for: a Travel Document authorizing the PR to board transportation destined for Canada.
But of course the PR Residency Obligation is an ongoing obligation. So when IRCC LATER processes a PR card application, its decision will be based on the facts as of the LATER date. That is, any RO compliance examination and determination LATER will, of course, be based on the facts and situation as of the LATER date.
Note, for example, that even after a PR is issued a brand new PR card, the PR must still continue to be in compliance with the RO and anytime the PR arrives at a Canadian PoE the PR can be examined for RO compliance AS OF THAT DATE, THE DATE OF ARRIVAL AT THE PoE, even if the PR was very recently issued a new PR card. While a relatively recent H&C decision carries a lot of weight as to the fact that there are sufficient H&C reasons to allow the PR to keep PR status, subsequent circumstances can trigger a different outcome . . . as I have suggested, the most salient example is further absence from Canada since using the PR TD to come to Canada. (One actual case that comes to mind, for example, was an individual who was issued a PR TD for H&C reasons based on having been removed from Canada as a minor and the IAD upheld a subsequent, later decision, terminating that individual's status . . . I do not recall whether it was a PoE Report and Removal Order that was upheld, or a subsequent negative Visa Office decision . . . but the underlying situation involved the PR traveling abroad and given a negative decision in a subsequent RO compliance determination. The IAD ruled that even though the first Visa Office decision was entitled to a lot of weight, it was NOT binding, and the PR's subsequent absences supported the contrary, negative decision. PR lost.
CAVEAT: It should go without saying, but obviously if IRCC perceives any reason to question or doubt the underlying facts supporting the Visa Office H&C decision, that can result in a different outcome. Moreover, similarly obvious, if the record suggests the Visa Office decision was for some reason not correct, that too can trigger a re-evaluation of the H&C grounds.
Are you sure it wasn't RC-1? This is very confusing. Did you get a 1 year PR card? Seems you are saying you have been in Canada for 240 days. Could you please clarify your post.