I'm going to guess in advance (not quite a prediction) that the next front in this particular battle (assuming that there is one) is going to be what to do with PR card applicants that file an application just-before-leaving Canada.
First, just because from some anecdotal observations here, it seems that this is reasonably common.
And second, because it seems to contradict what IRCC implicitly wants, as well as the simple vagaries of how processing works. Reality is that most of these files won't really be opened for some time - unless there is some dramatic change in procedures - and hence there may be some confusion about dates and whether the statement was truthful at the time it was submitted.
Now, the issue is that at least some such applications will be submitted for entirely innocuous reasons - most obviously because the applicant might realize that the PR card has expired or is about to expire, and are applying to facilitate travel (the primary use of the PR card for many). So hopefully those in such cases are not suspected of or determined to be doing something untoward and hence subjected to additional scrutiny ... and much longer processing times.
Because from current practices, that certainly seems possible.
Worse, for some (hopefully very few), would be a mismatch in entry/exit records or 'data' that erroneously indicates to IRCC that the individual was not in Canada when they applied.
Anyway, we will have to wait to see how this shakes out.
In the meantime, perhaps the primary message to all applicants must/should be: DO NOT indicate you are present in Canada if you are not. The consequences might be severe (although we do not know).
So far, especially with the virtual world, many applicants interpret this "where you are" information as only a suggestion, with no or zero potential consequences. That looks to change.
[Side note and complaint that far too often the 'virtual world' of government, banks, etc., all too often seems to force users into deciding between 'white lies' and insurmountable challenges. My spouse and I had this with a bank recently that absolutely could not take an application without a previous address in Canada - a foreign address was not accepted, neither was leaving it blank. There was no alternative. And hence as a result, everyone becomes accustomed to providing somewhat-fake information.]
I hope you do not mind, but I am going to quote this in another topic and address it in more depth there (at some point). It is not off-topic here but, I'd guess, much more into the weeds than the OP's more or less practical, how it works, query.
That said, the OP did ask, in regards to IRCC requiring the PR to be IN Canada when applying for a PR card:
Is this a legal requirement?
My previous response was oriented to a practical, how it works, answer. And my sense is that is what the OP is interested in, as in how to approach making a PR card application under the current rules. And not about whether there might be ways to contest IRCC's policy or practice (regarding requiring PRs be located in Canada to be eligible for a PR card) based on challenging its legality. In particular, the to-the-point response by
@PMM, "
you have to be in Canada to apply," is the FAQ and how it works answer (for online applications certainly, and generally under the new form). And probably what the OP wants to know.
From work-a-round tactics to directly confronting IRCC on this issue, given the change in the form, IRCC has abruptly more or less dramatically moved the goal posts. Until implementing the new form, the work-a-round tactics were remarkably easy (just use the address of family or friend in Canada) and it seems more than a few otherwise simply ignored the "
in Canada" eligibility requirement and successfully applied for and were issued and delivered a PR card.
That's now a dead end, with perhaps one exception:
It appears the change does not preclude PRs from making a brief trip or visit to Canada, to be "in Canada" to make the application, and soon thereafter returning to an ongoing current residence abroad. For many years this has actually been one type of work-a-round employed by quite a few PRs, and has been noted in numerous anecdotal reports (albeit not uniformly, let alone usually successful in avoiding non-routine processing involving lengthy delays or being required to make an in-person pick-up of the new card).
But in terms of "
can I?" or "
can't I?" apply for a PR card while outside Canada, the changes in the form mean NO . . .
. . . however (you knew this was coming), as is almost always the case, there are ways to challenge this, and in this case perhaps a reasonably arguable basis (not in terms of what some would argue is how things "
should be," but in terms of what applicable law requires and allows). For the vast majority of PRs, NOT worth it, no where near, since after all a PR does not need a PR card to keep PR status. Challenging IRCC about this would probably guarantee delays, invite other elevated scrutiny, and would likely entail more personal effort if not out-of-pocket costs (like lawyer's fees), and again PRs do not need to get or have a valid PR card to keep their PR status.
So, the simple answer for the OP is that IRCC requires PRs to be IN Canada when they make a PR card application.
Beyond that, well, it gets weedy.
