Good question. I am not a lawyer and don't know how would RO apply to her under her current circumstances, but if I was her I would request my immigration records (in US we call it "FOIA request", you may have something similar in Canada). If there was reporting of her breach of RO and removal proceedings started, her immigration records may show. I say "may", because any information (if part of active investigation) could be blacked out/not disclosed under Canadian laws. But I am speculating here, and that may not be helpful. She should hire Canadian immigration attorney for consultation. Even if she is still considered Canadian PR and no removal proceedings initiated, could eventual denial of PR application trigger it? If it does, how would it affect her PRTD application? What happens to PRTD application while PR application is pending? What if PRTD can not be approved while PR is pending, and PR app takes 3 more years to process? If she leaves Canada, that would put her at breach of RO again.
. . . This kind of vigilantism . . .
The OP's daughter appears to currently be in compliance with the PR Residency Obligation, as she has been in Canada these past two years plus some. So she could leave Canada for an extended period of time (up to three years) and still be in compliance with the RO.
Yeah, uninformed speculating generally is not helpful. This PR, the OP's daughter, really should see a lawyer.
Yes, Canada has procedures comparable to applications under the U.S. FOIA. There are two types:
-- An ATI application or request is for Access to Information generally. There is a fee (nominal) and potentially costs (they can add up).
-- To obtain personal records, Canadians (which includes PRs) and persons otherwise lawfully in Canada, can make what is called the ATIP request or application for copies of their personal records. ATIP stands for Access to Information - Private (or Personal, I foget).
Like the U.S. FOIA process, the process in Canada is also laden with bureaucracy, with certain exceptions. There are fairly simple online portals for making the ATIP request for Canadians with an application in process, for example. However, all this generates is a copy of the client's GCMS records related to that particular application. And these records tend to be quite limited.
To obtain copies of personal records more broadly than that, the individual needs to make a customized ATIP request. This can be complicated. Absent a well-crafted request, the records obtained tend to still be quite limited and do not offer much beyond what most people will already know. Requests need to be quite detailed.
For the OP's daughter, an ATIP request is not likely to reveal much if anything about the issue that is bogging down processing her PR card application. This sort of stuff is typically redacted as confidential investigation methods and means. (I did not go into it in the previous post, but among the more or less likely situations is that the local office has referred this matter to CBSA and its NSSD for investigation into whatever issue it is that is involved, and that sort of information is typically redacted from records shared with clients.)
As to some of the particulars (if you really are interested):
"Even if she is still considered Canadian PR and no removal proceedings initiated, could eventual denial of PR application trigger it? "
A PR card application is not denied on the grounds a PR has failed to comply with the PR Residency Obligation. I described the procedure in my previous post. If in processing the PR card application IRCC determines the PR has not met the RO and there are not sufficient H&C reasons to allow the PR to keep PR status despite that breach, THEN a 44(1) Report for Inadmissibility is prepared. If that report is determined to be valid in law and upon a hearing by a reviewing officer it is further determined, again, there are not sufficient H&C reasons to allow the PR to keep PR status, then a Removal Order is issued. If the PR does not appeal and does not voluntarily leave Canada within 30 days of that, then what many describe as "Removal Proceedings" (which are the process for enforcing the Removal Order, which gets complicated) are commenced.
"If it does, how would it affect her PRTD application?"
If the PR card application is denied for some reason other than a breach of the RO, how that affects things, ranging from the right of appeal to applications for a TD made in visa offices outside Canada, depends on what that reason was. Multiple possibilities.
As I noted, PR card applications are not denied for a breach of the RO, but rather the 44(1) Report process is followed. While there are some technical nuances, in practical terms if the PR appeals the 44(1) Report and Removal Order, THEN pending the appeal the PR can apply for a one-year PR card, which should be issued, and this will allow the PR to return to Canada after any trip abroad . . . but only while the appeal is still pending (if the appeal is denied, the one-year PR card will be rendered invalid). As long as the appeal is pending, if the PR is abroad without a valid PR card, the PR can apply for and will ordinarily be issued a PR TD if the PR has been IN Canada within one year preceding the date of the PR TD application.
"What happens to PRTD application while PR application is pending? What if PRTD can not be approved while PR is pending, and PR app takes 3 more years to process?"
The phrasing here is a bit awkward making it difficult to give a direct answer. The fact that one application is pending does not, in itself, directly affect the other. Thus, for example, a PR with NO admissibility issues but whose PR card has expired can apply for a new PR card and leave Canada while that application is pending, and then to return to Canada apply for and obtain a PR TD in order to board a flight back to Canada.
HOWEVER, if there are admissibility issues at stake in the PR card application, PR RO or otherwise, or other issues regarding the PR's status, those will be obvious in the PR's GCMS records and will be taken into consideration by the visa office abroad when it processes the PR TD application.
Perhaps an illustration will help: it is actually typical of IRCC to more or less let a PR card application sit in Secondary Review when a PR is known or thought to be outside Canada (not always, but commonly). And IRCC will thus wait for the PR to either apply for a PR TD, or to show up at a Port-of-Entry seeking to return to Canada. The fact the PR card application is pending and in Secondary Review will be obviously apparent in the PR's GCMS, probably flagged to be sure it is seen. So, if the PR makes a PR TD application from abroad, the visa office will scrutinize the applicant's history, RO compliance, and any other issue flagged in GCMS; if this PR is in breach of the RO and does not present sufficient H&C reasons for relief, the PR TD will be denied. Similarly, if this PR arrives at a Port-of-Entry (typically a PR who is able to travel via the U.S. and make it to a land crossing, no need for a PR TD), there is likely to be a flag (IRCC calls it an "
alert") in the GCMS that the PIL (Primary Inspection Line) officer will see and thus refer the PR to Immigration Secondary, where the PR will be screened for admissibility, and here again if the PR is in breach of the RO and there are not sufficient H&C reasons to allow relief, a 44(1) Report will be issued, and a second officer will review this and determine whether to issue a Departure Order (same legal effect as a Removal Order).
"If she leaves Canada, that would put her at breach of RO again."
This probably is not the case for the OP's daughter. She has been in Canada for the last two years. So, unless a 44(1) Report has already been prepared against her, she is in RO compliance for at least the next three years. That is, if she leaves Canada she still will have been in Canada at least 730 days within the preceding five years unless and until she has been outside Canada again for such a long period that she has been outside Canada more than 1095 days within the preceding five years. As otherwise observed, however, it appears likely there may be other issues at stake for her, so unless and until she gets further clarification it would be unwise to leave Canada and rely on getting a PR TD to return.
NOTE: PR card validity has NO relevance in PR RO calculations. A PR with a brand new PR card can be examined for RO compliance and if not in Canada at least 730 days within the five years prior to the date of that examination, will be determined to be in breach of the RO (and thus dependent on H&C relief to keep PR status).
By the way, there is no hint whatsoever that there is any
vigilantism involved in the enforcement of the Canadian PR RO. The manner in which this is expressed suggests trolling. I have given you the benefit of the doubt above and offered a genuine response, most of which is supported by the same sources I cited and linked in a previous post above, plus additional statutes and regulations relating specifically to the 44(1) Report process and procedures related to the PR TD application process. I am hoping your participation here is sincere.
