In response to initial query, I concur in the response by
Leon.
Faiz uddin said:
Thank you For Your Cooperation. I have a Ques:
Once you are Issued A PRTD, In how much Duration one has To travel. I mean i am asking about the Validity of PRTD.
2) For example I come back after applying and they Call me For an Interview or Collection in person. And My PRTD gets refused that time. I have a US visa. Will i be Able to enter Canada via Car ?
scylla said:
They are usually valid for six months.
If the PRTD is refused, then no - you won't be able to enter Canada by land from the US. A refusal of your PRTD will result in your PR status being officially lost.
Leon said:
1) A PR TD is generally valid for 6 months but it will only allow you to enter Canada once. If you leave and want to enter again, you would need another one.
2) If you apply and are refused a PR TD, you trigger a cause of events that cause you to lose your PR status. In that case, going to the US and crossing by land will not help. You could skip applying for the PR TD and enter through the US and by land instead. If you are lucky, the immigration officer will not report you.
Ditto that six months appears to be the usual duration of a PR TD's validity, with the caveat that this is likely limited by expiration date on the individual's passport. Generally it is not a good idea to travel with a passport approaching its last six months anyway, but applications for PR TD based on H&C can often take quite a long while to process so it would be prudent to be sure one has a passport which will be valid for well longer than another six months at the time of applying for the PR TD.
Thus, generally, if you are granted a PR TD, you will be able to retain PR status if you come to Canada, settle and live in Canada. Leaving Canada prior to being issued a new PR card, or until you are clearly in compliance with the PR Residency Obligation based on amount of time spent in Canada, could risk loss of PR status (see below for longer explanation regarding this).
If you are denied a PR TD, that will automatically terminate your PR status
unless you timely appeal. But you can appeal (see more below).
Beyond that, things are a little more complicated;
scylla and
Leon appear to be overlooking or confusing the scope or nature of what it means to be granted a PR TD or the scope or nature of a PR's entitlement to enter Canada. They also appear to overlook the right to appeal and the effect of that.
BTW: I do not know what the odds are that you will be issued a PR TD, or if denied what your chances are in an appeal. Those depend on the particular facts and circumstances of your individual case.
If a PR TD is granted:
Note: if a PR TD is granted on H&C grounds, that constitutes a positive adjudication as to your PR status. While it does not necessarily start the clock all over, it is a decision which in many respects is binding and will be honored by CBSA and IRCC.
Thus, for example, if you are issued a PR TD, which is almost certain to be a single use TD only, it is correct that it will facilitate only one trip to Canada.
It is not correct, however, that if after coming to Canada you then leave you will need another PR TD to
"enter" Canada again. On the contrary, once issued the PR TD you retain PR status and will be entitled to enter Canada going forward unless and until your status is formally lost pursuant to some subsequent transaction (such as another application for a PR TD is denied, or you are reported for PR RO breach, or application for new PR card is denied based on negative Residency Determination).
Since the grant of the initial PR TD constitutes an adjudication affirming you have and retain PR status, after your first trip to Canada (after using the PR TD) you will still be able to leave and return to Canada so long as you can travel via the U.S. You will be
entitled to enter Canada. There is a risk, however, of being reported. The risk of being reported, when seeking entry at land crossing from the U.S., should be minimal if you are settled and living in Canada, and the duration of the absence is short. The longer or more frequent the absence(s), particularly so in comparison to the amount of time spent in Canada, the greater the risk of being reported the next time you seek entry.
To travel to Canada via a commercial carrier, however, such as flying to Canada, unless and until you obtain a PR card, when you leave Canada you will then need a new PR TD to board a flight to return to Canada.
Technically, you similarly should be able to apply for and obtain a subsequent PR TD, since the grant of the initial PR TD constitutes an adjudication that, given H&C reasons, your PR status continues to be valid.
However, a significant change in circumstances could justify denying you a PR TD on a subsequent occasion; in particular, an extended absence, particularly if in conjunction with minimal establishment in Canada, could result in a subsequent PR TD application being denied. As far as we can discern, in this regard Visa offices tend to be a lot more strict than PoE officials, with some Visa offices appearing to be more strict than others.
If a PR TD is denied, that decision may be appealed:
The refusal of the PR TD does
NOT result in the automatic termination of PR status if the PR timely makes an appeal. If the decision is appealed, during the time the appeal is pending the PR still retains PR status. Thus, during that time the PR is still
entitled to enter Canada and live and work in Canada (unless the PR already has a SIN, however, obtaining employment could be problematic).
Those who have been in Canada within the preceding year will ordinarily, upon separate application, be issued a special PR TD authorizing travel to Canada pending the appeal. Otherwise, despite being denied a PR TD the PR who appeals and is able to travel via the U.S., can then enter Canada by private transportation via a land crossing.
If the appeal is denied, then PR status is lost.
