In my wife's home country, her father had a stroke on May 2020 while my wife and my daughter was with him. he also suffered severer post-stroke conditions and were being hospitalized till he passed away on beginning of 2022. My wife took care of her father during all those time because she's the only child of her maiden family and her mother has high blood pressure condition thus was unable to cope. She is now in a shortage of RO days now and her PR card expires on August 2022.
I'm planning to meet-up my wife and my daughter in Los Angeles this June and spend few days there then come back to Toronto together for her PR renewal. Me and my daughter are Canadian citizen.
Assume she doesn't get reported by custom officer because supporting documents for H&C ground and successfully enters Canada, can she applies for a PR renewal under H&C ground then leave Canada on July even she is not in compliance of RO, because she still need to bury her father and settle the heritage and care her mother for some time as her mother has health conditions too.
Is she going to be officially asked by boarder officer on entry to remain in Canada for two years continuously then renew, as a condition to retain the PR status. or it's just a safe way to do so other than applying using H&C ground?
If she can applies the renewal and leave, can she submit the application with supporting H&C proof to CPC in Sydney like regular renewal.
If she can't applies. what's the best way to retain her PR status if she has to leave Canada on July.
It warrants noting one important, back-up option in your situation: even if your spouse loses PR status, you can sponsor a new application for family class PR.
Otherwise . . . The situation and the options are quite complicated, and there are multiple tangents going in different directions depending on a number of things that are contingent. In the meantime, unfortunately you have encountered some of our less-than-helpful forum participants.
In contrast
@armoured, among others, can generally be trusted to offer information and observations that are as helpful as those of us who are generally here to help can. But it is just early morning for most Canadians (and still in the middle of night for many more), so you need to be patient and wait for more constructive input.
Given the complexities of the situation, and frankly what appears to be some confusion you might have in regards to the relationship between a PR card and PR status, it would be very difficult to offer a full response. I'll try to hit some key elements, but it is not easy knowing where to start.
Depending on financial resources, perhaps she could
consult with a lawyer, a paid-for real consultation (make appointment soon for a day she will be here).
Frankly, if she intends to remain abroad for a further extended period, other than for a short stay in Canada this year, the plan to apply for a new PR card is not likely to solve her PR Residency Obligation compliance issues. But, explaining this, and diving into options, really does get complicated and involves contingent events that are very difficult to predict. Your query, for example, assumes she is not Reported when she comes to Canada. That is a big assumption. Very difficult to say how that will actually go. I suspect the H&C case might not be as persuasive as you think, especially given she has been a PR for around a decade.
By the way, the calculation of her RO compliance at the border, when she arrives (and if questioned about RO compliance), will be based on how many days she has been in Canada during the last five years. Date her PR card expires is NOT relevant. That is, her RO compliance is not about how many days she has been "
in Canada on her second PR." If she arrives at the border June 7, 2022, just as an example, RO compliance will be based on number of days in Canada between June 7, 2017 and June 7, 2022.
Which brings up future RO compliance calculations. If she goes abroad again this summer, and does not return to Canada again until October 23, 2023 (just as an example), the RO calculation upon her arrival will be based on days in Canada between October 23, 2018 and October 23, 2023, even if she gets a new PR card this year. This, it is worth noting, is a significant part of why applying for a new PR card this year will not necessarily solve her PR RO compliance issues.
And the latter could be why some might suggest just waiting to apply for a PR Travel Document later, when she plans to come to Canada after her current PR card expires.
Which brings this around to making a PR card application now based on H&C. Generally that approach is appropriate once the PR has come to Canada to stay. Since she is not coming to stay, once she has been abroad again for a significant period of time, in effect she will be relying on H&C relief again the next time she returns to Canada.
Apart from that, and this is an aspect of things where again there are contingencies difficult to forecast, the odds are she will not be issued and delivered a new PR card as long as she is abroad, but at BEST only be delivered a new PR card in-person. So the likelihood of having to make a future PR Travel Document application in order to travel to Canada looms anyway . . . or, assuming she can travel via the U.S. again, and travels to Canada via a land-border-crossing, she would then be subject to a PoE examination and facing the prospect of being issued a Removal Order (if scheduled for in-person PR card pick-up her GCMS will almost certainly be flagged for RO screening upon arrival at a PoE).
I realize I am not really answering your questions.
And I realize that once she returns here with you next month, the timeline for deciding and taking action is very short. But there are multiple ways things could go at the border (it is not just a simple matter of being either Reported or not Reported), and what actually happens will determine the options available from there. So at the least, you have to wait to see what happens at the border before making a definite decision about what to do next. As I noted, perhaps it would be a good idea to schedule a consultation with a lawyer.
One more observation for now; you ask:
"Is she going to be officially asked by boarder officer on entry to remain in Canada for two years continuously then renew, as a condition to retain the PR status. or it's just a safe way to do so other than applying using H&C ground?"
PRs in breach of the RO are sometimes cautioned by border officials, or admonished, about the need to comply with their RO. This is typically attendant being waived through without being "Reported," even though the screening officer is aware that the PR is likely in breach of the RO (without making a formal determination the PR is in breach). If waived through, it is well known and understood that the PR can resolve their PR RO compliance breach by staying IN Canada for two years. But it is unlikely a border official will "ask" a PR to do this.
Note that the vast majority of situations involving PRs in RO breach being examined upon arrival at a PoE, as discussed in this forum, are about PRs in the first five or six years after they became a PR. That is not your spouse's circumstance. How this can influence things, including in particular how it goes in the course of a border entry examination, is yet one more complex aspect of things.
This response is already long, and trying to adequately address the various ways things could unfold at the border would make it way too long, so for now I will leave it with saying that the overall range is she could be waived through with minimal or a few casual questions (noting that whether cautioned or admonished about RO compliance is of almost no importance), or be subject to a formal RO determination following the preparation of a 44(1) Inadmissibility Report, in which her H&C case will be considered, and which could result in either setting aside the Report or being issued a Removal Order. Where to next depends on the details of what actually happens.
