Permanent Resident Travel Document-PRTD

[HOH]

Dear all,

I would kindly ask for information please.
My understanding is that one is still being considered a permanent resident until a formal assessment is done by a visa officer. Assume that PR card has expired and applicant wants to file his PRTD application based on H&C grounds.
Now, if one applies for PRTD -Permanent Resident Travel Document from a Canadian embassy outside Canada and get it, that means that he restored his permanent resident status based on H&C grounds and he/she can return to Canada s. Once in Canada, he/she must apply for PR card renewal which will be issued (after 2-3 months as per processing time statistics) based on assessment done by visa officer from Canadian embassy, previously.
What do you think?

http://www.canadainternational.gc.ca/austria-autriche/visas/tdpr_info_tvrp.aspx

Please advise.

 

[Leon]

Yes, if you get a travel document, you can apply for a PR card renewal right away based on that.

However, you should still stay in Canada for 2 years straight in order to bring your PR status back in good standing.

Being granted a travel document does not mean that your absence from Canada is completely forgiven and forgotten and that you start off with a brand new PR being able to spend the next 3 years outside again. If you get a new PR card and then leave again, if you are subjected to an examination upon entry to Canada a year or two later or you lose your new PR card or it is stolen and you must apply for a travel document again, immigration will not be so forgiving if they find that you have not used your chance to settle in Canada and have left again after renewing your card.

 

[HOH]

Thanks for your reply.
My point is that PR card filed from inside Canada will be renewed and issued within 2-3 months based on decision previously made by visa officer from abroad who has approved PRTD based on H&C. If PRTD has been approved based on H&C that automatically means that his permanent resident status has been retained. Therefore, one does not have to wait 2 years to apply for PR card renewal. He can apply immediately and will get PR card after 2-3 months as per CIC processing time statistics. Consequently, he can sponsor his family to immigrate (assuming he has a yearly income of $15k).

Quote: You are assumed to be a permanent resident until a formal assessment is done by a visa officer. This is true even if you have not met your residency obligations. Therefore in order to re-enter Canada, you must submit an application for a permanent resident travel document (PRTD) so that a visa officer can assess your residency status.
http://www.canadainternational.gc.ca/austria-autriche/visas/tdpr_info_tvrp.aspx
Thanks

 

[Msafiri]

Thanks for your reply.
My point is that PR card filed from inside Canada will be renewed and issued within 2-3 months based on decision previously made by visa officer from abroad who has approved PRTD based on H&C. If PRTD has been approved based on H&C that automatically means that his permanent resident status has been retained. Therefore, one does not have to wait 2 years to apply for PR card renewal. He can apply immediately and will get PR card after 2-3 months as per CIC processing time statistics. Consequently, he can sponsor his family to immigrate (assuming he has a yearly income of $15k).

Quote: You are assumed to be a permanent resident until a formal assessment is done by a visa officer. This is true even if you have not met your residency obligations. Therefore in order to re-enter Canada, you must submit an application for a permanent resident travel document (PRTD) so that a visa officer can assess your residency status.
http://www.canadainternational.gc.ca/austria-autriche/visas/tdpr_info_tvrp.aspx
Thanks

The issuance of a PRTD and a PR Card on H&C grounds does not reset your RO obligation. This still remains having 730 days of physical presence in the relevant 5 year period as per the Immigration and Refugee Protection Act. This means as Leon pointed out that you can leave Canada for 3 years after getting the PR Card.

You may/will be subjected to an RO review as appropriate whenever you re-enter. If you don't meet it then you will be reported. Admittedly when ypou hold a PR Card its easier to slide by but what if it gets lost or stolen?

There is case law where a minor got his PR re-instated on H&C grounds and left Canada shortly after arrival using PRTD. He tried to get a second PRTD and it was rejected. This case law establishes that the second visa officer is not obliged to follow the first decision - he/she can consider a different review period in accordance with the law and refuse or accept an applicatio for a PR Card, PRTD, sponsorship. I'd go with the legislation not what is posted on visa post website info.

 

[HOH]

Hello,
Thanks for your feedback.
I tried to point out that if one has obtained PRTD based on H&C grounds (because the PR status has been resumed), one can file application for PR card renewal immediately. One does not have to wait for 2 years to meet 730 days.
Do you agree?

There is case law where a minor got his PR re-instated on H&C grounds and left Canada shortly after arrival using PRTD.

Could you provide a reference, please?

Thanks

 

[PrincessLuna]

Hello,
Thanks for your feedback.
I tried to point out that if one has obtained PRTD based on H&C grounds (because the PR status has been resumed), one can file application for PR card renewal immediately. One does not have to wait for 2 years to meet 730 days.
Do you agree?
Could you provide a reference, please?

Thanks

I'm wondering whether you can apply for PR card immediately as well.
I believe this is the case in question (http://www.canlii.org/eliisa/highlight.do?text=minor+humanitarian+and+compassionate+second+visa+officer+travel+document&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ca/irb/doc/2008/2008canlii43707/2008canlii43707.html&searchUrlHash=AAAAAQBIbWlub3IgaHVtYW5pdGFyaWFuIGFuZCBjb21wYXNzaW9uYXRlIHNlY29uZCB2aXNhIG9mZmljZXIgdHJhdmVsIGRvY3VtZW50AAAAAAAAAQ)

 

[HOH]

Thanks for the link.
After reading the file, I understand that an applicant was approved PRTD based on H&C grounds and encouraged to apply for PR card as soon as he gets into Canada. Which he did. He did not get it on time (before tourist visit to China) due to incomplete information submitted to CIC.

Cheers

 

[asbereth]

That's really scary. He was a minor (17 years of age) when his PR got revoked, and was obviously still dependent on his parents. I wonder, couldn't he have said that he didn't have any say at all during for the Christmas vacation (his parents made him go back)?

I wonder now, since he didn't require visa to visit Canada, if he had just travelled using his passport without applying for PRTD, would he have been allowed in without getting reported? And apparent whether or not he had a PR card would not matter, as he breached the residency obligation, with or without the PR card (granted that he may have slipped in without being reported if he held a valid PR card).

 

[Leon]

Thanks for the link.
After reading the file, I understand that an applicant was approved PRTD based on H&C grounds and encouraged to apply for PR card as soon as he gets into Canada. Which he did. He did not get it on time (before tourist visit to China) due to incomplete information submitted to CIC.

Even if he had gained his PR card before leaving, that would still not make him immune to the residency obligation. As they say in the file:

[18] In the opinion of the panel, the determination made by the first visa officer on humanitarian and compassionate grounds does not mean that the appellant is a newcomer to Canada who is deemed to have been granted a new permanent resident status, beginning from the day of the determination. Such an interpretation, as argued by the appellant’s counsel before the panel, would mean that the appellant is benefiting from two “five-year” periods during which he could or can fulfill his 730-day residency obligation. That interpretation goes beyond the intention of Parliament. The word “retention” used in section 28(2)(c) of the IRPA means to uphold the same permanent resident status that the appellant had before the determination, when he landed in Canada on February 2, 1997, preventing him from losing the status due to the existence of humanitarian and compassionate grounds. The decision of the first visa officer allowed the appellant to return to Canada and, upon his return to Canada, to receive credit towards fulfilling his residency obligation on an ongoing basis. Accordingly, when he left Canada prior to having accrued 730 days of residence, he put at risk once again his permanent residence status.

In this case he was allowed to keep his PR. They state points like that he is a model student, has family support in Canada, his family has funds to support him etc. but in a different case, the verdict could have been the other way around.

 

[asbereth]

In this case he was allowed to keep his PR. They state points like that he is a model student, has family support in Canada, his family has funds to support him etc. but in a different case, the verdict could have been the other way around.

I misunderstood, his appeal was actually allowed, and he could retain his PR status. That makes sense since he was a minor when he left the Canada for the Christmas break (and he most likely did not have any say on whether or not he should stay or go back home).

 

[Leon]

I did not see them making a point about him having been ordered to take this trip by his parents (a 17 yo. can easily stand up to his parents). They did mention that he was given bad info by CIC as he had inquired and been told that it was ok for him to leave without a PR card, that he could apply for a TD again to get home.

However, the more important point seems to have been that (because he was allowed to return) he had established himself well in Canada, he had been studying since arriving back, was a good student, had no problems with the law, had family support from cousins already in Canada and his family was well off enough to support him financially.

 

[HOH]

Now I am wondering, if he has been issued a new PR card (issued on H&C grounds on time), why do you think he would have any problems with CIC at the airport as he has left Canada only for short tourist visit to China,returned back after few weeks and established homself in Canada (e.g. attending Canadian University)?
I would say as long as he has ties with Canada e.g. student, job one can travel back and forth bearing in mind not to be more than 2 years outside Canada. What do you think?
Moreover, at Canadian airports you just slide a PR card through a machine and show the card to CBSA in person at the end of the waiting line before you leave the airport. You do not go to the CIC counter desk to have your passport stamped.
Once he accumulates 3yearsin total of presence in Canada, he can apply for citizenship. Don't you agree?

Just crossed my mind....How long is PR card (issued on H&C grounds) usually valid for? e.g. 1 year or 2 years or 5 years?
Cheers

 

[Leon]

I do not know if the immigration officers have it pop up on their computer that he came on a H&C travel document and when but it is always possible that an immigration officer asks a PR, even with a valid card if they meet the residency requirements and if they believe that you don't, they have the right to report you and you would have to appeal for your PR.

I don't think it is very likely to get reported with a valid PR card but it is possible. Lets just say, it is not perfectly safe for a PR in this situation to be travelling because 1) they could get reported by an officer in a bad mood or 2) they could lose their PR card while outside Canada and be at the mercy of immigration giving them a TD.

If he is a PR living in Canada, of course he can apply for citizenship after 1095 days but that has nothing to do with the situation of not meeting the PR residency obligation and still taking the risk to leave Canada. Besides, in a case like this, a PR who is under appeal and who makes 1095 days and applies for citizenship, should he lose his appeal and lose his PR, his citizenship application will automatically cancel.

According to the file, he had been granted 1 year PR cards during his appeal process.

 

[Msafiri]

Now I am wondering, if he has been issued a new PR card (issued on H&C grounds on time), why do you think he would have any problems with CIC at the airport as he has left Canada only for short tourist visit to China,returned back after few weeks and established homself in Canada (e.g. attending Canadian University)?
I would say as long as he has ties with Canada e.g. student, job one can travel back and forth bearing in mind not to be more than 2 years outside Canada. What do you think?
Moreover, at Canadian airports you just slide a PR card through a machine and show the card to CBSA in person at the end of the waiting line before you leave the airport. You do not go to the CIC counter desk to have your passport stamped.
Once he accumulates 3yearsin total of presence in Canada, he can apply for citizenship. Don't you agree?

Just crossed my mind....How long is PR card (issued on H&C grounds) usually valid for? e.g. 1 year or 2 years or 5 years?
Cheers

Under the IRPA your Residence Obligation can (and should) be reviewed at each inspection to include when you re-enter Canada. PRs have the right of admission subject to not being inadmissible which includes not meeting the RO. Possession of a PR card does not mean you have met your RO.

At re-entry the CBSA agent can consider a fresh 5 year rolling period. Why should the PR expect the H&C reasons used for the PRTD and subsequent PR Card application to reset his RO? It seems logical and right that the same H&C reasons can't be repeatedly used to justify a breach of the RO. If it was what's to stop the PR staying outside Canada for 5,10, 15 years?

PR Cards are valid for 1 or 5 years. 1 year where there are RO issues and 5 years for an ok application.

You seem to refer to the e-gate system for re-entry to Canada and giving customs the declaration card as you exit. This is not the case at all airports. If non e-gate you will get both passport and PR Card scanned and passport stamped with entry date. The stamp can be either at the primary line or the secondary line.

 

[HOH]

Thank you guys.
After reading posts, I am under impression that if one has a job offer in hand or enrolled into University in Canada who would not having any problems renewing his PR card and status.
What do you think?
Thnks