Program delivery instructions, Permanent resident travel document (PRTD) – Department policy
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Overview
Permanent residents of Canada have the right to enter and remain in Canada subject to the provisions of the Immigration and Refugee Protection Act (IRPA) [section A27].
Permanent residents who are outside of Canada without a valid permanent resident (PR) card are required to obtain a permanent resident travel document (PRTD) in order to travel by commercial carrier to return to Canada.
The instructions for how to submit an application for a PRTD and supporting documents will depend on how the client applies and where they are applying from. Clients can submit an application for a PRTD online through the Permanent Residence Portal (PR Portal) or, for accommodation purposes, on paper as long as the Visa Application Centre (VAC) in the country they are applying from supports paper applications. VACs that are unable to accept paper applications may redirect the applicant to the nearest VAC for support.
To apply for a PRTD, clients must confirm their identity and their PR status and meet the residency obligation. The burden of proof rests with the client to provide the supporting documentation with their application.
If the client wishes to appeal a negative decision on residency, then the client may appeal to the Immigration Appeal Division (IAD). A residency obligation appeal must be submitted within sixty (60) days of receiving IRCC’s written decision (refusal letter).
Outside Canada without a valid permanent resident (PR) card
A valid PR card is proof of PR status in Canada and facilitates a client’s return to Canada by commercial carrier (aircraft, train, bus or boat). The Canada Border Services Agency’s (CBSA) Interactive Advance Passenger Information or IAPI system requires permanent residents to provide a valid PR card in order to board a commercial carrier to Canada.
Permanent residents outside Canada without a valid PR card are presumed not to have PR status [paragraph A31(2)(b)]. Therefore, an officer must make a permanent resident status determination in order to determine whether an applicant has met their PR residency obligation and maintained their status.
Note: Prior to 2002, intention, defined as “the intent to live in Canada,” was used to determine status. Under the IRPA, a permanent resident complies with the residency obligation if for 730 days in a 5-year period they are physically present in Canada or meet one of the other requirements in paragraph A28(2)(a).
The PRTD and determination of resident status
There is no provision in the IRPA for a client to apply directly for a formal determination of resident status. Processing an application for a PRTD includes an assessment to determine whether the permanent resident has complied with their residency obligation [section A28]. If the client has complied with their residency obligation, then a travel document is issued under subsection A31(3) to facilitate their travel to Canada on a commercial carrier.
See also: Permanent resident status determination
Requirements and eligibility for a travel document issued under subsection A31(3)
The PRTD is only issued to clients who have PR status at the time of the determination of their application.
If an officer determines that a permanent resident outside Canada who is not in possession of a status document (a valid PR card) meets the residency obligation or that paragraph A28(2)(c) applies, the officer shall issue a travel document (by approving the IMM 5444 form).
A permanent resident who appeals a negative decision made outside of Canada on the residency obligation may apply to the IAD for permission to physically appear at the hearing. The IAD, after considering submissions from the permanent resident, may order the permanent resident to physically appear at the hearing, in which case an officer shall issue a travel document for that purpose [subsection A175(2)].
On this page
- What is the travel document referred to in subsection A31(3)?
- Confirming eligibility for accepting PRTD applications
- Policy framework for issuing a PRTD following confirmation of PR status
- Statutory provisions for issuing the PRTD and counterfoil coding categories
- Long-term validity periods or multiple-entry PRTDs
- Ongoing appeals and multiple applications for a PRTD
- Refusing PRTD applications and communicating appeal rights
- PRTD applications by holders of a valid PR card
- Holders of records of landing or Confirmation of Permanent Residence (CoPR) documents
- PRTD applications submitted by permanent residents who formerly relinquished their permanent resident status under previous legislation
What is the travel document referred to in subsection A31(3)?
The travel document referred to in subsection A31(3) is not a status document. Rather, it is a Canadian immigration document issued in lieu of a status document—in this case, in lieu of a PR card.
The PRTD is a prescribed travel document for boarding commercial carriers to Canada, along with a valid, unexpired passport or travel document [section R259].
A travel document is issued for a permanent resident outside Canada who does not have a PR card where following an examination the officer is satisfied that the client meets their residency obligations as a permanent resident under section A28.
Confirming eligibility for accepting PRTD applications
The first step when reviewing an application for a PRTD is to determine whether the applicant is entitled to a travel document, as set out in the legislative provisions under subsection A31(1) and section A200.
The Humanitarian and Identity Operations Branch and International Platform Branch undertake an evaluation of the documentation submitted to confirm the identity of the client and establish whether the client has ever held PR status in Canada.
If the officer determines that at the time of the application the applicant is a permanent resident, then the officer will undertake an assessment of their resident status to determine whether the client has complied with the residency obligation.
A client may submit any kind of supporting documentation to demonstrate they meet the residency obligation. Documents that support a client’s claim that they meet the residency obligation include, but are not limited to the following:
- Employment records or pay stubs
- Bank statements
- Canada Revenue Agency (CRA) notices of assessment for the 5 years immediately before the application
- Evidence that the client received benefits from Canadian government programs
- Rental agreements
- Club memberships
If the application for a PRTD does not include a status document indicating PR status (a PR card), the client is presumed not to have PR status [paragraph A31(2)(b)].
The officer must assess all supporting documentation submitted in order to determine whether the client has met or will be able to meet their residency obligation. The following general guidelines are designed to assist officers who are examining compliance with the residency obligation and making decisions on retention or loss of permanent resident status. These guidelines are not meant to be all-inclusive or limiting.
| Provisions of the Act/Regulations | Examining compliance under the Act/Regulations | Suggested information and documentary evidence |
|---|---|---|
| Subparagraph A28(a)(i): Whether a permanent resident has been physically present in Canada with respect to a 5-year period for at least 730 days in that 5-year period. | A permanent resident may be away from Canada for 3 years in every 5-year period, for any reason, and be in compliance with the residency obligation. Accordingly, if the applicant satisfies an officer that they have been physically present in Canada for at least 730 days in the 5-year period being examined, it is not necessary to examine or assess other factors regarding the reason for the absence. If the absence was due to employment abroad, there is no need to further examine if the employment was with a “Canadian business.” The person would simply be found to have satisfied their residency obligation pursuant to subparagraph A28(2)(a)(i). |
There is no one document that can definitively establish a person’s physical presence in Canada. However, documents will tend to confirm or support the person’s statements concerning their residence, employment and other aspects of daily life. Officers should consider all information and supporting documentation that could serve to provide sufficient evidence that the permanent resident was physically present in Canada for at least 730 days in the 5-year period under examination. Supporting documentary evidence, as applicable, may include proof of employment, attendance at school, banking activity, financial records and statements, receipt of government benefits, records of personal services, community involvement and memberships. |
| Subparagraph A28(2)(b)(i): If the applicant has been a permanent resident for less than 5 years, they must demonstrate that they will be able to meet the residency obligation for the 5-year period immediately after they became a permanent resident. | A permanent resident who has had the status less than 5 years qualifies under the residency obligation, even if they were away from Canada for up to 3 years following the date of arrival in Canada, provided that they can potentially meet the 730-day criteria during the 5-year period immediately after arrival in Canada. | Supporting documentary evidence, as applicable, may include proof of employment, attendance at school, banking activity, financial records and statements, receipt of government benefits, records of personal services, community involvement and memberships. |
| Subsections R62(1) and R62(2): The 5-year period does not include any day after a decision is made outside of Canada that the permanent resident has failed to comply with the residency obligation, unless the permanent resident is subsequently determined to have complied. | Once an officer has made a determination that an applicant has not met the residency obligation, the calculation of days does not include any days after the decision. If the applicant wins on appeal, the calculation of days reverts to include the days during which the decision was under appeal. | |
Subsection R61(1): Whether the employment outside of Canada is being conducted on behalf of a provincial or federal government or a “Canadian business.” |
Under paragraph R61(1)(a), any corporation, whether federally or provincially incorporated, would satisfy the definition of a Canadian business, provided that the business has an ongoing operation in Canada. |
A declaration signed by an authorized officer of the “Canadian business” (the employer or contractor) that states the position and title of the signing officer and indicates the following:
Supporting documentary evidence, as applicable, may include articles of incorporation; the business licence; corporate annual reports; CRA notices of assessment; financial statements; a copy of the employee assignment agreement or contact; or a copy of any agreement or arrangement between the “Canadian business” and the business or client abroad concerning the permanent resident’s assignment to that client or business. |
Under paragraph R61(1)(b), an enterprise may be a legal entity other than a corporation. |
A declaration signed by an authorized officer of the “Canadian business” (the employer or contractor) that states the position and title of the signing officer and indicates the following:
Supporting documentary evidence, as applicable, may include a partnership agreement; the business licence; CRA notices of assessment for the business; financial statements; a copy of the employee assignment agreement or contract; or a copy of any agreement or arrangement between the “Canadian business” and the business or client abroad concerning the permanent resident’s assignment to that business or client. |
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Under paragraph R61(1)(c), an organization or enterprise that is created by the laws of Canada or a province may include Crown corporations, municipal bodies, certain agencies, universities and hospitals. These organizations do not necessarily operate in anticipation of profit or are not necessarily capable of generating revenue. |
A declaration signed by an authorized officer of the “Canadian business” (the employer or contractor) that states the position and title of the signing officer and indicates the following:
Supporting documentary evidence, as applicable, may include articles of association; articles of incorporation; the business licence; annual reports; financial statements; a copy of the employee assignment agreement or contract; or a copy of any agreement or arrangement between the “Canadian business” or client abroad concerning the permanent resident’s assignment to that client or business. |
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Subsection R61(3): Whether the employment abroad is full-time and pursuant to an assignment or contract as a term of the applicant’s employment with the public service of Canada or of a province by a Canadian business as defined and provided for in subsection 61(1). |
The burden of proof rests with the applicant to provide information and evidence to satisfy an officer that their employment abroad is in compliance with the residency description of the subsection R61(3) qualifying criteria for employment abroad and the subsection R61(1) definition of “Canadian business.” |
For further details, refer to the above guidelines for examining documentary evidence under paragraphs R61(1)(a), (b) and (c). |
Subsections R61(4), R61(5) and R61(6): Whether the permanent resident has satisfied their residency obligation through compliance with the criteria specified in subsections R61(4), (5) and (6) for permanent residents who are accompanying either a Canadian citizen or another PR outside of Canada. |
The burden of proof rests with the applicants to provide the necessary information and evidence to satisfy an officer that they are in compliance with the provisions of subsections R61(4), (5) and (6). Examinations would typically address the following factors:
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Officers should consider all information and supporting documentation that could serve to provide satisfactory evidence that the applicant has complied with the legislative provisions for satisfying the residency obligation while accompanying a Canadian citizen or permanent resident spouse, common-law partner or parent outside of Canada. Supporting documentary evidence, as applicable, may include a marriage licence; a child’s birth certificate; baptismal documents; adoption or guardianship documents; school records; employment records; association or club memberships; a passport or other travel documents; employment letters and employment documents of the permanent resident being accompanied that indicate that the permanent resident is in compliance with their residency obligation; or documents indicating the status of the person being accompanied. |
See also: Terms and definitions related to permanent residence
Policy framework for issuing a PRTD following confirmation of PR status
As per subsections A31(3) and A175(2), there are 5 scenarios where a PRTD is issued following a determination of status:
- Client meets the residency obligation [section A28] – PRTD issued as per paragraph A31(3)(a).
- Humanitarian and compassionate (H&C) considerations justify retention of PR status as per paragraph A28(2)(c) – PRTD issued as per paragraph A31(3)(b).
- Client does not meet the residency obligation, but has at least 1 day of physical presence in Canada in the 365 days preceding the application and has appealed the decision or the period in which they may appeal the decision has not expired – PRTD issued as per paragraph A31(3)(c)
- IAD has ordered the client to appear in person at an appeal hearing – PRTD issued as per subsection A175(2).
- IAD has allowed the appeal – PRTD issued as per paragraph A31(3)(a) or (b).
The IAD manages appeal cases and procedures. Appeal hearings must be attended by the client either in person or virtually.
Note: As per paragraph A46(1)(b), a client loses PR status on a final determination of a decision made outside of Canada that they have failed to comply with the residency obligation under section A28.
Statutory provisions for issuing the PRTD and counterfoil coding categories
PRTDs have the alpha letter “R” notated on the counterfoil. The following counterfoil codes are used when issuing PRTDs to permanent residents abroad:
| Statutory Provision | Counterfoil Code | Reasoning |
|---|---|---|
| A31(3)(a) | R-1 | Issued to a permanent resident who complies with the residency obligation. |
| A31(3)(b) | RC-1 | Issued to a permanent resident when an officer has determined that H&C considerations justify the retention of PR status and overcome any breach of the residency obligation [A28(2)(c)]. |
| A31(3)(c) | RX-1 | Issued to a permanent resident when an officer is satisfied that the permanent resident was physically present in Canada at least once within the 365 days before the examination, and the client has appealed or may appeal to the IAD [A63(4)]. |
| A175(2) | RA-1 | Issued to a permanent resident when the client has appealed to the IAD and the IAD has ordered the client to appear in person at the hearing. |
Long-term validity periods or multiple-entry PRTDs
To maintain client service and provide mobility and travel flexibility, it is within an officer’s discretion to issue long-term, multiple-entry PRTDs to permanent residents abroad not in possession of a valid PR card who have met their residency requirements, following a PRTD assessment.
Officers have the discretion to issue long-term, multiple-entry PRTDs not exceeding 5 years when they determine that a permanent resident meets the residency obligation (R-1), as provided for in paragraphs 28(2)(a), 28(2)(b) and 31(3)(a) of the IRPA. While the PRTD may be issued as a single-entry visa for a period of 6 months, the length of time given to a permanent resident to be able to re-enter Canada to apply for and obtain their PR card, it is recommended that a validity period of 24 months be routinely considered in order to facilitate the process. Officers should consider the risk of a client circumventing the application process for a PR card or using the PRTD in place of a PR card, when applying the maximum period (5 years).
It is recommended that in all other categories for issuing a travel document, a single-entry, 6-month PRTD continue to be the standard when issuing the PRTD (RA-1, RX-1 and RC-1). However, it remains at the officer’s discretion to issue PRTDs for periods of less than 6 months, when warranted.
Note: Multiple-entry PRTDs cannot extend beyond the expiry date of the passport.
Ongoing appeals and multiple applications for a PRTD
In cases where a permanent resident continues to wait for a final determination in an appeal hearing under subsection A63(4), multiple (subsequent) PRTDs can be issued to the same client under paragraph A31(3)(c) so long as the client was present in Canada at least once within the 365 days before the examination and their appeal under subsection A63(4) has not been finally determined. This ensures that permanent residents are not denied access to Canada until it is finally determined, after any appeals, that they no longer have status. While the IRPA places limits on who can be issued a PRTD (in this example, they must have been in Canada at least once within the 365 days before the examination and an appeal under subsection A63(4) must not have been finally determined), it places no limits based on the length of the relevant appeal hearing or the number of PRTDs that can be requested by a client while awaiting final determination of their appeal.
Note: Clients with an ongoing appeal may be issued a PR card with a 1-year validity period [subsection R54(2)].
Refusing PRTD applications and communicating appeal rights
An officer’s recommendation to refuse a PRTD application must be reviewed by the Migration Program Manager. The manager must review all the facts, make an assessment and record their own decision. The client must be provided with a letter outlining the grounds for the refusal, as permanent residents have appeal rights in all cases involving a residency determination.
Officers can weigh and consider the factors used in permanent resident status determinations:
- Extent of non-compliance
- Circumstances beyond the client’s control
- Establishment outside Canada
- Presence and degree of consequential hardship
- Best interests of any child
A decision on an H&C application must include an assessment of the best interests of any child directly affected by the decision (whether a Canadian or foreign-born child) and could include children outside Canada.
See also
Note: 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.
When a PRTD application is refused, a refusal letter is issued to the client, which also clearly states the client’s appeal rights. The client has 60 days to appeal the decision with the IAD.
Note: Migration offices should request copies of both the Notice to Appear for a hearing and the Notice of Decision from the IAD for an in-person appearance at the hearing in Canada if the applicant is requesting an RX-1 or RA-1 PRTD.
PRTD applications by holders of a valid PR card
If a client who is in possession of a valid PR card submits an application for a PRTD, the application and fee are to be returned unprocessed (or rejected in the PR Portal) with an explanation that there is no provision to issue a PRTD to a client in possession of a valid status document.
Holders of records of landing or Confirmation of Permanent Residence (CoPR) documents
For many years, the Department provided permanent residents with the record of landing [IMM 1000] as evidence of their landing. The record of landing is not a status document, and the document does not lead to a presumption that the holder is a permanent resident of Canada.
If officers discover that an applicant holds a record of landing or a CoPR but appears not to have complied with the residency obligation under the IRPA, the officer must not attempt to seize or revoke the documents as the officer has no authority to do so in the absence of a final determination that the person failed to comply with the residency obligation. The application for a travel document should be accepted, and a determination of resident status should be made.
PRTD applications submitted by permanent residents who formerly relinquished their permanent resident status under previous legislation
Under previous legislation, a permanent resident could relinquish their status; however, it was an administrative process only and was not a defined change to legal status in Canada. Therefore, relinquishment did not alter client status under the law.
An application for a PRTD from a client who formerly relinquished their PR status can be processed as usual in order to determine whether the client meets the residency requirement.
However, an application to voluntary renounce PR status, if approved, leads to a defined change to legal status in Canada as the person loses their PR status pursuant to paragraph 46(1)(e) of the IRPA. An application for a PRTD cannot be completed and must be returned or cancelled for clients who have previously renounced their PR status.