Permanent resident travel document (PRTD) - Processing instructions

Overview

Permanent residents who are outside of Canada without a valid permanent resident (PR) card are required to obtain a permanent resident travel document (PRTD) to facilitate their travel by commercial carrier to return to Canada.

If the PRTD is approved, a visa counterfoil will be issued with a classification code based on the officer’s determination that they have met the residency obligation.

• Counterfoil code R-1 – The client meets or has the potential to meet the residency obligation.
• Counterfoil code RC-1 – In exceptional cases, officers may determine that humanitarian and compassionate (H&C) considerations pursuant to paragraph A28(2)(c) overcome a breach of the residency obligation.
• Counterfoil code RX-1 – The client was in Canada at least once within the 365 days before the examination and either has appealed under subsection A63(4) and is awaiting final determination of the appeal or the period for making such an appeal has not expired (60 days from the decision).
• Counterfoil code RA-1 – The client has been ordered by the Immigration Appeal Division (IAD) to appear in person at the hearing.

It is important that officers update the notes and ensure that only one PRTD application is in process (including the appeal stage) at a time.

PRTDs should not be issued to clients who are:

• Permanent residents physically in Canada
• Permanent residents who are in possession of a valid PR card
• Permanent residents with pending or approved applications to voluntarily renounce their PR status
• Former permanent residents who have lost their PR status
• Canadian citizens
• Foreign nationals

On this page

• Intake and processing
  • Processing PRTD applications
  • Signatures required for minors
  • Verification of PR status and assessing a PRTD application
  • Applications from the same family
  • Best interests of a child
  • Open appeals and issuing PRTDs with RX-1 category coding
  • Migration office Info Alerts for ports of entry on PRTDs issued on negative residency determinations
• Administration
  • Instructions to avoid reviving PR status and overriding appeal procedures
  • Incomplete applications
  • When to cancel or refuse PRTD applications
  • When to withdraw a PRTD application
  • Inadmissibility concerns and PRTD applications

Intake and Processing

Applications for a PRTD can be completed using the online Permanent Residence Portal (PR Portal) or by submitting an application form [IMM 5444] at a Visa Application Centre (VAC). The Global Case Management System (GCMS) must be updated with case notes on the details of determinations and processing.

When reviewing an application for a PRTD, officers must:

• confirm that the client is outside Canada and has PR status at the time of the application;

  and

• make a determination as to whether or not the client has met the residency obligation [section A28] in order to finalize processing of the PRTD application and assign the appropriate visa counterfoil classification.

Officers should confirm information provided in the application and update GCMS fields and case notes to clearly record details of submissions.

Only one PRTD application should be open in GCMS at a time: approving a second PRTD application would override a possible appeal process, which is not appropriate; and refusing a second PRTD application would create a parallel avenue to appeal, which is also not appropriate.

Processing PRTD applications

There is a processing fee for a PRTD application.

When an application for a PRTD is received, the officer should review it to make sure it is complete, including by checking the GCMS history. Applications that do not meet the requirements of sections R10 and R11 are to be returned to the client along with all the supporting documents submitted [section R12], with no fees collected and refunded as applicable.

A complete application including an IMM 5444 must be submitted for each individual client, regardless of age.

Clients seeking a document to enter Canada can submit any supporting documentation to demonstrate their compliance with the residency obligation to maintain their PR status in Canada.

Officers must assess all the evidence submitted by the client in order to make a determination regarding the client’s residency obligation.

Signatures required for minors

Each person must apply for a PRTD in accordance with the following instructions:

• A permanent resident 18 years of age or more must sign their own application.
• A permanent resident 14 years of age or more but less than 18 years of age must sign their application along with one of their parents or legal guardians.
• A permanent resident under 14 years of age must have their parent or legal guardian sign their application.

Verification of PR status and assessing a PRTD application

Officers are to confirm that the client has PR status, assess whether or not the client has met the residency obligation and, if not, assess any H&C considerations, including the best interests of a child, to complete the processing of the application.

This assessment is an objective process, evaluated against each of the provisions of the residency obligation as defined in section A28. A client may need to be interviewed to clarify aspects of an application or address any credibility concerns, but an interview is not required to make an assessment if a client clearly meets the time in Canada (provisions set out in paragraph A28(2)(a)). In many cases, the time in Canada can be verified by comparing the dates of entry into Canada with the dates of entry into other countries recorded in a client’s passport. In other cases, an officer may have to examine documents from a spouse or common-law partner or, in the case of minors, from all applicable parents or guardians. Officers may also use the Entry/Exit Program functions in GCMS to verify the time spent in Canada.

See also:

• Permanent resident status determination

Applications from the same family

Applications from the same family are generally considered as a whole; however, the determination of each family member’s compliance with the residency obligation should be assessed individually.

Best interests of a child

In cases where a child or children are directly affected by a refusal decision, the manager must indicate in both the GCMS notes and the refusal letter that they have carefully considered the interests of the child or children, and these interests must be clearly identified and defined. This would mean including a brief analysis of a child or children's best interests and whether it is sufficient to overcome their failure to meet the residency obligation.

Incoming Correspondence

Roles and Responsibilities

For PRTD applications received via the portal, the office that will handle the incoming correspondence (IC) will depend on when the IC was received during the processing.

When HIOB should be handling incoming correspondence

PRTD application with no decision rendered: HIOB/Client Support Unit (CSU) will review and action the IC items accordingly. 

If HIOB approved the application, and counterfoil has not yet been printed by the migration office (application status is still “Open”):

• If counterfoil is still valid, but >60 days since passport request letter sent: HIOB will review and will action the IC accordingly (i.e., issue a new passport request letter) or refer to the migration office’s inbox as necessary.
• If counterfoil is expired: IC item is forwarded to PM03 officer at HIOB to determine next steps.

When the migration office should be handling incoming correspondence

If the PRTD application was transferred by HIOB to the migration office due to its complexity (mission is “Primary Office”), the migration office should review and action all IC items accordingly.

If the PRTD application was transferred by HIOB to the migration office due to it’s complexity (mission is “Primary Office”), and HIOB receives a request to withdraw after the application has been transferred to the migration office, the responsible migration office should review any action they may deem necessary.

If the PRTD application was transferred by HIOB to the migration office due to its complexity (mission is “Primary Office”), and remains open with no decision, the migration office should review and action these IC items accordingly.

If the application was transferred by HIOB to the migration office due to its complexity (migration office is “Primary Office”) and has now been cancelled, the migration office should review and action these IC items accordingly.

If the PRTD application has been approved and counterfoil has been printed (application is “Closed”), the migration office should review and action these IC items accordingly.

Open appeals and issuing PRTDs with RX-1 category coding

If a client’s PRTD application is refused, but the client meets the requirement in paragraph A31(3)(c) because they were physically present in Canada at least once within the 365 days before the examination, the officer shall issue a counterfoil with category coding RX-1.

The RX-1 PRTD should be issued as a single-entry document normally with a short validity period not exceeding 60 days. Under certain circumstances due to prolonged appeal processes, it may be necessary to issue a second RX-1.

In cases where the officer cannot re-open the PRTD application, they should open a new application, indicate “fail” for both the eligibility and the H&C decisions, code the PRTD as an RX-1 and specify in the notes that the purpose of the application is only to facilitate processing of the RX-1 while the appeal is ongoing on the previous refusal.

Migration office Info Alerts for ports of entry on PRTDs issued on negative residency determinations

Officers must use the Info Alerts feature in GCMS and special coding on the counterfoil to alert ports of entry (POEs), HIOB and the Citizenship and Passport Programs Branch of a negative residency determination made abroad. This will ensure that HIOB has the information required to refer a case to an inland IRCC office, based on GCMS entries that indicate non-compliance with section A28 despite the issuance of a PRTD.

POE officers must take care in interpreting the GCMS PRTD coding, as the case disposition is listed as “passed” in GCMS whenever a counterfoil is issued.

A PRTD issued in the absence of a PR card reflects the coding in accordance with the provisions of paragraphs A31(3)(a), (b) or (c) or subsection A175(2), summarized here as follows:

PRTDs coded “RX-1” and “RA-1” are referred to secondary examination at the POE in order to be documented for follow-up and updates to GCMS, as required. Particular attention must be given to the remarks by the migration office in support of the hearing process or in accordance with directions given by the Minister’s representative.

The border services officer has to verify the PR status in accordance with the facts of the case as presented and in light of the migration office’s decision. There is an obligation for procedural fairness, including due consideration of any new information or H&C considerations. If a migration office renders a negative decision overseas and no appeal is made within 60 days, the overseas decision becomes final.

The GCMS file must be updated to reflect the outcome of the secondary examination, including any remarks pertinent to the client’s PR status, the existence of a PR card application already in process or a concurrent citizenship application, as appropriate.

Administration

Instructions to avoid reviving PR status and overriding appeal procedures

If the client’s PR status is confirmed as “lost,” then the client is a foreign national. There is no legal basis to process an application for a PRTD for a client who has lost their PR status. There is no legal authority to issue a PRTD to a foreign national, regardless if they were previously a permanent resident of Canada. If an application is created, it should be cancelled with any collected fees refunded. Processing the application, even to refusal, opens up an avenue to appeal, which must be avoided.

Incomplete applications

During initial review, if the application is found not to meet the requirements of section R10 (documents required before entry – applications), then the officer should consider the application incomplete and return it to the client in accordance with section R12 (Return of application).

When to cancel or refuse PRTD applications

When to cancel a PRTD application:

• If the client has already lost their PR status, then the application for the PRTD should be either rejected and no fees collected, or cancelled and the fees refunded if the application has already been created. There is no legal basis to issue a PRTD to a client who has already lost PR status.
• If the client has not been in Canada at least once within the 365 days before examination and has an ongoing appeal, but the IAD has not approved an in-person hearing, then the client must make an application to the IAD requesting that they be allowed to return to Canada to appear at their hearing. The client is ineligible for a PRTD issued under subsection A31(3), but can submit a request to the IAD and the Minister no later than 60 days after the Notice of Appeal is filed. The application for the PRTD should be returned unprocessed and no fees are to be collected, unless it is a first-time application and meets the requirements of subsection A175(2), in which case the application can be processed.
• If the PRTD application has been approved, but the client did not provide their passport or travel document within the requested timeline, officers should:
  • proactively send a letter to the client informing them that if they no longer require a PRTD to return to Canada, they must advise IRCC in writing if they want to withdraw their PRTD application and
  • cancel any remaining PRTD applications only after the PRTD counterfoil has expired.

When to refuse a PRTD application:

• If the client does not meet the residency obligation, including after examination of H&C considerations and the best interests of any child, then the application should be refused. Officers must send the client a refusal letter for a negative resident status determination (located on the T drive) and notify them of their appeal rights.

See also:

• Statutory provisions for issuing the PRTD and counterfoil coding categories

The officer must update GCMS with detailed notes explaining the reasons for a negative residency determination, including H&C considerations and the best interest of a child. As the GCMS notes will serve as the source of the reasons for the decision, it is very important that the notes include a summary of all the correspondence and communication that took place in the case.

An officer’s recommendation to refuse a PRTD application must be reviewed by the Migration Program Manager. The GCMS notes must provide sufficient detail as to how the recommendation was reached, and all refusals must be made by the Migration Program Manager, Deputy Program Manager or Operations Manager. The manager must review all the facts, consider the recommendation, and make and record their decision.

The letter outlining the grounds for the refusal should, in all cases, indicate that consideration was given to H&C considerations [paragraph A28(2)(c)]. If the manager determines that H&C considerations do not overcome the breach of the residency obligation, then the written decision (refusal letter) must refer to the fact that consideration was given to the H&C considerations submitted and why the manager is not satisfied that the considerations are sufficient to overcome the breach of the residency obligation. Following a PRTD refusal, the client loses their status as a permanent resident. If an appeal is made, the client loses their PR status upon final determination in the appeal process.

In cases where additional information is requested and the client does not provide the information, the manager should provide the client with a notice and give them a minimum of 30 days to provide submissions demonstrating that they have met the residency obligation.

If no submissions are received, then the manager may make a decision on the basis of the information that was provided. If the manager believes, upon review of the information submitted, that the client has not met the residency obligation, then the application may be refused. If credibility issues are present, the client must be provided with an opportunity to respond to the manager or decision-maker’s concerns.

When to withdraw a PRTD application

If a client wishes to withdraw their application for a PRTD, they must first contact IRCC. If processing commenced on the application prior to IRCC receiving the client’s instruction to withdraw their application, they do not qualify for a refund of the processing fee.

Inadmissibility concerns and PRTD applications

The Immigration and Refugee Protection Act does not mention admissibility as a requirement for issuance of a PRTD [subsection A31(3)]. Thus, “inadmissibility” should not be grounds for refusing to issue a PRTD. IRCC officers should liaise with the Canada Border Services Agency and use an Info Alert to ensure that the inadmissibility concern or allegation is correctly reported and referred as necessary.

If the requirements of paragraphs A31(3)(a), (b) or (c) have been met, then a PRTD must be issued and the concerns regarding inadmissibility should be noted in GCMS. The applicant remains a permanent resident until an inadmissibility report (section A44) is referred and a removal order made against them comes into force.

In such cases, an Info Alert created in GCMS will alert POEs when the client arrives in Canada and may result in a hearing. When the case has the potential to be high-profile or contentious, National Headquarters should be informed (see OP 1, section 15). Officers do not have the authority to seize or revoke records of permanent residence unless it is clear that the client has lost status in accordance with section A46. Upon arrival in Canada, the permanent resident may be subject to an admissibility hearing under subsection A44(2).