Understanding PNP, its obligation to live in province and PR Status

[jckailun]

Hi @legalfalcon. I have a question regarding the subject of this thread.

I have not yet moved out and will not any time before the coming September. My story is as follows:

I have just become a permanent resident in January 2022 through the Quebec Skilled Worker program - the Quebec equivalence of PNPs. Since day 1 I arrived in Canada, I have been residing in the province of Quebec.

Recently, I've received a Ph.D. offer from an Ontario university. School begins this coming September. This is one of the top-notch schools in my field, so I am tempted to do my Ph.D. there. The university that offered me a place is strictly better than any QC university.

But then the problem comes: if I decided to do it in Ontario, it would mean that I could have left the province that "nominated" me for permanent residence, in which case I might be violating the initial "intent to reside in Quebec" even though PRs benefit from the freedom of mobility bestowed by the Charter.

What I can tell you is that I have every intention to return to Quebec after my Ph.D. In fact, my common-law partner is doing hers in Quebec and will not leave. I am also currently taking French courses offered by the QC government to better integrate myself into the Quebec society. For the purpose of education, could my absence from QC be considered temporary? Could I leave QC for my PhD without harming my citizenship application in 2 years?

Thank you.

 

[SunnyBond]

I am out-land applicant and I did receive my Ontario PNP and PR recently. I will be moving to Toronto in April.

I want to move to Alberta because of 2 main reasons
1) Toronto area rents are not in my budget and I can no loner afford to live there, when I applied for PR under ONIP (sometime in 2019) rents were reasonable
2) My sister lives in Alberta and my job is permanent remote, I wish to live near to her as soon as possible.

I plan to land in Ontario stay for 2-3 months in AirBnb while wait for my PR card and then move to Alberta. Would this be a problem?

@sfaizi @legalfalcon

 

[david70mn]

I have a quick questions regarding same topic.

I am PR holder via OINP. I've been in Canada on PR status for 1 and half year.

Can I go to my home country for 4 months and come back due to personal reasons?


I might work while I am in home country for 4 months. I can Pay taxes to Ontario Canada Even when I am working from my home country. Will there be any problem?

 

[legalfalcon]

Hi @legalfalcon. I have a question regarding the subject of this thread.

I have not yet moved out and will not any time before the coming September. My story is as follows:

I have just become a permanent resident in January 2022 through the Quebec Skilled Worker program - the Quebec equivalence of PNPs. Since day 1 I arrived in Canada, I have been residing in the province of Quebec.

Recently, I've received a Ph.D. offer from an Ontario university. School begins this coming September. This is one of the top-notch schools in my field, so I am tempted to do my Ph.D. there. The university that offered me a place is strictly better than any QC university.

But then the problem comes: if I decided to do it in Ontario, it would mean that I could have left the province that "nominated" me for permanent residence, in which case I might be violating the initial "intent to reside in Quebec" even though PRs benefit from the freedom of mobility bestowed by the Charter.

What I can tell you is that I have every intention to return to Quebec after my Ph.D. In fact, my common-law partner is doing hers in Quebec and will not leave. I am also currently taking French courses offered by the QC government to better integrate myself into the Quebec society. For the purpose of education, could my absence from QC be considered temporary? Could I leave QC for my PhD without harming my citizenship application in 2 years?

Thank you.

You can move out of QC to pursue a PhD. Atteding school to pursue a degree that is not offered in the nominating province is a justified ground.

see https://bit.ly/3rtiVqv

 

[legalfalcon]

I am out-land applicant and I did receive my Ontario PNP and PR recently. I will be moving to Toronto in April.

I want to move to Alberta because of 2 main reasons
1) Toronto area rents are not in my budget and I can no loner afford to live there, when I applied for PR under ONIP (sometime in 2019) rents were reasonable
2) My sister lives in Alberta and my job is permanent remote, I wish to live near to her as soon as possible.

I plan to land in Ontario stay for 2-3 months in AirBnb while wait for my PR card and then move to Alberta. Would this be a problem?

@sfaizi @legalfalcon

see https://bit.ly/3rtiVqv

 

[Deleted member 1050918]

Hi @legalfalcon. I have a question regarding the subject of this thread.

I have not yet moved out and will not any time before the coming September. My story is as follows:

I have just become a permanent resident in January 2022 through the Quebec Skilled Worker program - the Quebec equivalence of PNPs. Since day 1 I arrived in Canada, I have been residing in the province of Quebec.

Recently, I've received a Ph.D. offer from an Ontario university. School begins this coming September. This is one of the top-notch schools in my field, so I am tempted to do my Ph.D. there. The university that offered me a place is strictly better than any QC university.

But then the problem comes: if I decided to do it in Ontario, it would mean that I could have left the province that "nominated" me for permanent residence, in which case I might be violating the initial "intent to reside in Quebec" even though PRs benefit from the freedom of mobility bestowed by the Charter.

What I can tell you is that I have every intention to return to Quebec after my Ph.D. In fact, my common-law partner is doing hers in Quebec and will not leave. I am also currently taking French courses offered by the QC government to better integrate myself into the Quebec society. For the purpose of education, could my absence from QC be considered temporary? Could I leave QC for my PhD without harming my citizenship application in 2 years?

Thank you.

Sorry for hijacking but here's a different point of view on why you shouldn't consider that PhD in ON.

If you take that PhD, you'll have:

1. lived in QC for only 9 months and quite possibly without significant work experience, which makes your intent to settle in QC questionable
2. lived in ON for at least 4 years which is the minimum duration of a PhD in Canada, which again makes your intent to settle in QC questionable

Ask yourself this: When will you apply for citizenship? If you wanna apply for citizenship as soon as possible, you can apply in about 3 years at which time you'd have been living in ON for 3 years. Looking at the scenario from an officer's perspective, this provincial nominee has only spent 9 months in their nominating province without significant work history but lived 2 years in another province with significant future prospects for staying in that province. As you can guess, these circumstances would quite likely get you an instant rejection and possibly a deportation. To avoid this perspective from the officer, even if you don't get in trouble with IRCC during your PhD years, you would:

1. Avoid applying for citizenship for at least 4 years until your PhD is done, and,
2. Probably not apply for citizenship for another 1-2 years after finishing your PhD and returning to QC to show your intent to live in QC,

So, if you take the PhD in ON you will have to:

1. Live at least 4 years with the stress of having your PR cancelled due to misrepresentation and getting deported and possibly banned from entering Canada for 5 years, and,
2. Not apply for citizenship for at least 6 years from now whereas you could've applied in only 3 years had you accepted a PhD in QC instead of ON.

I'd say no school or lab or PhD is worth these risks.

 

[Tinnaneeraj]

@legalfalcon Hello sir, I got my PR under BCpnp express entry in Jan 2022. But now I got a business offer in Ontario and I am going to buy that business. Can I move out of the province now as I am getting a business there?

 

[legalfalcon]

@legalfalcon Hello sir, I got my PR under BCpnp express entry in Jan 2022. But now I got a business offer in Ontario and I am going to buy that business. Can I move out of the province now as I am getting a business there?

See https://bit.ly/3rtiVqv

 

[mussadsar]

Hello @legalfalcon ,
I need your assistance pls.. I have recvd my COPR through AINP and my landing is shown as Calgary. I have few questions pls as follows.

1. Is it OK that i land and enter Toronto, stay for a week with my aunt and then move to Alberta, or I would not be allowed? I will be booking flights and place to stay in Alberta as a proof offcourse. Will there be any legal implications.
2. Also, can you pls advise how many days it is taking these days for PR cards? Reason for asking is that I will be leaving back due to my job obligations and will return permanently to Canada after a year.
3. Will there be any issue if I leave after getting my PR card? Will we be questioned while landing or departing back?

Thank you in advance

 

[legalfalcon]

Hello @legalfalcon ,
I need your assistance pls.. I have recvd my COPR through AINP and my landing is shown as Calgary. I have few questions pls as follows.

1. Is it OK that i land and enter Toronto, stay for a week with my aunt and then move to Alberta, or I would not be allowed? I will be booking flights and place to stay in Alberta as a proof offcourse. Will there be any legal implications.
2. Also, can you pls advise how many days it is taking these days for PR cards? Reason for asking is that I will be leaving back due to my job obligations and will return permanently to Canada after a year.
3. Will there be any issue if I leave after getting my PR card? Will we be questioned while landing or departing back?

Thank you in advance

1. You can land anywhere in Canada, at any port of entry. You can stay at the PoE of any other place and then move to your province or city of destination. If you are asked by the BSO at the airport, you have to just let them know your plan.

2. 60-120

3. No. As a PR you can leave Canada and enter at will.

 

[klein]

@legalfalcon

how does “intent to settle” affect someone with PR status obtained via PNP but with a job offer from a US company that pays significantly higher (+ $40k CAD/year) which is a remote position where the employee works from within the nominating Canadian province and continues to reside there? Would this pose a problem at all i.e. when renewing the PR Card?

Thanks in advance

 

[legalfalcon]

@legalfalcon

how does “intent to settle” affect someone with PR status obtained via PNP but with a job offer from a US company that pays significantly higher (+ $40k CAD/year) which is a remote position where the employee works from within the nominating Canadian province and continues to reside there? Would this pose a problem at all i.e. when renewing the PR Card?

Thanks in advance

As a PR, you can work for any employer, in or outside Canada. If you are a PNP nominee, you have an obligation to reside in the nominating province, but that does not prohibit you from working for any employer outside the Province.

 

[klein]

As a PR, you can work for any employer, in or outside Canada. If you are a PNP nominee, you have an obligation to reside in the nominating province, but that does not prohibit you from working for any employer outside the Province.

Thank you very much for your response! Much appreciated.

 

[graduate12]

Hi @legalfalcon I became PR through BCPNP and my BC employer allowed me to work from home. I then started looking for a home to buy as my family would be joining me soon. I bought a house in alberta and now im living in alberta but working for BC employer. My concern is if my family now lands in alberta, will they face any issue if CBSA officer asks for destination province and they mention Alberta? Before making my move to alberta, I asked BCPNP if I can move and they replied that I am free to move once I become a PR. So, no implication for my dependents as they have not yet landed as PR?

 

[legalfalcon]

Hi @legalfalcon I became PR through BCPNP and my BC employer allowed me to work from home. I then started looking for a home to buy as my family would be joining me soon. I bought a house in alberta and now im living in alberta but working for BC employer. My concern is if my family now lands in alberta, will they face any issue if CBSA officer asks for destination province and they mention Alberta? Before making my move to alberta, I asked BCPNP if I can move and they replied that I am free to move once I become a PR. So, no implication for my dependents as they have not yet landed as PR?

Your dependents are not obligated by the PNP obligations. That is only for the PA. The dependent family members are PR and can live and work anywhere across Canada. However, the PA has residency obligations that they have to meet by virtue of getting the PNP nomination. When you applied, you signed a contract that you intend to reside and establish yourself in the province. Whether you work for an employer who allows you to work from home or are self-employed is immaterial.

The obligation is to reside in the nominating province and not work for an employer in the nominating province.

See https://bit.ly/3rtiVqv