You have it right. PRs who have an appeal pending, and who are IN Canada, can apply for and will ordinarily be issued a "status card," that is a PR card, valid for one (1) year.
This applies to those who were issued a 44(1) Report (typically but not always issued by border officials at a Port-of-Entry). This is governed by Section 54(2)(b) in the Immigration and Refugee Protection Regulations (IRPR) which are here:
https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-9.html#h-686316 and also by 54(2)(c) IRPR . . . the latter covers the more common scenario where not only has a 44(1) Report been issued but a Removal Order as well (again, this is the more typical "getting reported" scenario at a PoE).
Similarly, a PR who has been denied a PR Travel Document AND who is IN Canada, who is appealing the PR TD decision, can likewise apply for and will ordinarily be issued a PR card valid for one (1) year. This is provided for in 54(2)(a) IRPR.
Getting to Canada can be an issue for the PR abroad denied a PR TD unless, as
@canuck78 noted, the PR has been in Canada within the previous year. In the event the PR has been in Canada within the previous year, the PR can apply for and will ordinarily be issued a special PR TD allowing the PR to travel to Canada pending the appeal. As often discussed in the forum, PRs who can travel via the U.S. have the alternative of traveling to Canada via the U.S. These individuals, whether in Canada via a special PR TD, or having traveled via the US., and then while IN Canada they can then apply for and will ordinarily be issued the one year PR card.
What is not clear is the timeline for these applications. Clearly qualified PRs with no RO compliance or other status related issues, whose PR card applications are otherwise processed routinely, are currently seeing a timeline of four to five months between the date the application was sent and when the PR card is received. There are very few anecdotal reports here by PRs who have applied for the one year PR card, so we have virtually no information about how long the process takes, but it is perhaps easy to predict it is not an expedited process.
It also warrants noting that the one year cards are specifically coded to show the PR is "
under enforcement" and are designed, for example, to automatically trigger the PR's referral to an Immigration Secondary examination at a PoE.
While we might quibble about the fine print, I largely concur in the observations
@canuck78 makes outlining the situation for many PRs who are in breach of the RO. The observations about getting by without a PR card apply, of course, to the PR who manages to get waived through at the border, who wants to avoid transactions with CBSA or IRCC in order to avoid taking another chance of triggering a formal RO compliance examination, at least UNTIL the PR is back in RO compliance.
As for the observations by
@canuck78 regarding the possibility of obtaining a one year card, while my observations regarding this are somewhat contrary, it is true that we see very few reports about PRs actually doing this. Indeed, I think it may have been two years or more since I last saw someone report doing this in this forum, and again that would be one among a very small number.
As noted above, the rules do provide for issuing one-year PR cards pending an appeal of either a denied PR TD or an appeal following a 44(1) Report and Departure Order issued at a PoE. But as far as I have seen in this forum, reports from PRs doing this are at the least very uncommon, so it is no surprise that even someone who follows these discussions has not seen anyone doing this.
Not sure why we do not see more reports of this, if not about it but at least in a passing reference to it. My guess, just a guess, is that this derives from the paucity of reports by PRs engaged in the appeal process. We see some but not many. Rather few actually. I suspect there is an inherent reluctance to share much when someone gets to that stage.
Added in Edit: In regards to . . . "
If you are already in the country I don’t see why you would be granted a 1 year PR card."
And noting some irony.
The obvious reason is that the law (Section 31(1) IRPA; see here:
https://laws-lois.justice.gc.ca/eng/acts/I-2.5/page-8.html#h-274660) and regulations (Sections 53 to 60), prescribe the issuance of a status card, which pursuant to Section 53(1) IRPR (same link to regulations as above) means a "
permanent resident card," to persons with PR status. That is, by law IRCC has to.
The caveat is the timeline. Like applications for PR cards generally, and applications for citizenship, there is no fixed or definite timeline for making decisions on these applications.
The irony is that the PR who I often describe as
cutting-it-close, or who is otherwise in compliance but there is some concern or issue resulting in the PR card application being referred to non-routine processing, which can take up to another YEAR, will likely run into more problems and a longer timeline than the PR who has already been formally determined to be inadmissible, in breach of the RO, and issued a decision terminating PR status. The latter will likely be issued a one year card more or less routinely . . . while the first, those who application has been referred for Secondary Review in particular, face the prospect of not getting a PR card for significantly longer.
