Urgent! PR application just got rejected!

[AlliBatista]

Weird. If you're applying for a PR, you should be allowed to go to any province in the country. It even says so in the CHARTER OF RIGHTS AND FREEDOMS:

• 6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
  
  
• Marginal note:Rights to move and gain livelihood
  (2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
  
  • (a) to move to and take up residence in any province; and
    
    
  • (b) to pursue the gaining of a livelihood in any province.

 

[DelPiero07]

Weird. If you're applying for a PR, you should be allowed to go to any province in the country. It even says so in the CHARTER OF RIGHTS AND FREEDOMS:

• 6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
  
  
• Marginal note:Rights to move and gain livelihood
  (2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
  • (a) to move to and take up residence in any province; and
    
    
  • (b) to pursue the gaining of a livelihood in any province.

No, what is says is that every person who has the status of permanent resident is allowed to move and settle in any province.

An applicant for PR is not a permanent resident (obviously) so he/she must follow the requirements of the immigration program for which he/she applied for.

 

[legalfalcon]

To remove all the doubts and the false information floating, especially on this thread lets get to the basic law and know what is happening:

FSW is defined in paragraphs 75

Federal Skilled Workers
Federal Skilled Worker Class
Marginal note:Class
75 (1) For the purposes of subsection 12(2) of the Act, the federal skilled worker class is hereby prescribed as a class of persons who are skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada and who intend to reside in a province other than the Province of Quebec.

Further, Quebec has always been at logger heads with Canada and once even wanting to be an independent nation. The reason is because of its different culture and language. To read the case on why Quebec cannot be a separate country the Canadian Supreme Court ruled and the judgment is available. <https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1643/index.do>

This issue has a long history, and is an ongoing political debate, which still continues. Over the years there have been various treaties that have been signed between Quebec and Canada and the most relevant for immigration is Canada–Québec Accord relating to Immigration and Temporary Admission of Aliens. <http://www.cic.gc.ca/english/department/laws-policy/agreements/quebec/can-que.asp>This accord in clause 12 states:

12. Subject to sections 13 to 20,

1. Québec has sole responsibility for the selection of immigrants destined to that province and Canada has sole responsibility for the admission of immigrants to that province.
2. Canada shall admit any immigrant destined to Québec who meets Québec’s selection criteria, if the immigrant is not in an inadmissible class under the law of Canada.
3. Canada shall not admit any immigrant into Québec who does not meet Québec’s selection criteria.

This gives exclusive rights to Quebec to determine who will be admitted to Quebec. Therefore if an immigrant does decide to settle in Quebec, he has to comply with the Quebec immigration norms and if an applicant gives his intention to reside in Quebec, without complying with the Quebec norms, the application will be rejected.

Here is an interesting case of an applicant who was studying at McGill in Quebec, but could not provide sufficient evidence to reside outside Quebec when applying for immigration to Canada as per CIC. Her application was rejected, however in the Judicial review the court allowed her application and determined that the officer applied a wrong test.

<https://www.canlii.org/en/ca/fct/doc/2016/2016fc131/2016fc131.html?searchUrlHash=AAAAAQAcaW1taWdyYXRpb24gaW50ZW50IHRvIHJlc2lkZQAAAAAB&resultIndex=11>

Now when you become are given a COPR and a visa issued, landing is the final step and you can provide Quebec address for the PR card, you can even do your landing in Quebec, as long as your province of settling is different.

To read more about the provincial program, its obligation and the constitution on mobility rights, you can see my post here: <https://goo.gl/4cJLdz>

I hope this helps everyone to understand the issue and reasons.

P.S.: PLEASE DO NOT CONFUSE MY LAW DEGREES WITH YOUR GOOGLE SEARCHP

 

[DelPiero07]

To remove all the doubts and the false information floating, especially on this thread lets get to the basic law and know what is happening:

FSW is defined in paragraphs 75

Federal Skilled Workers
Federal Skilled Worker Class
Marginal note:Class
75 (1) For the purposes of subsection 12(2) of the Act, the federal skilled worker class is hereby prescribed as a class of persons who are skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada and who intend to reside in a province other than the Province of Quebec.

Further, Quebec has always been at logger heads with Canada and once even wanting to be an independent nation. The reason is because of its different culture and language. To read the case on why Quebec cannot be a separate country the Canadian Supreme Court rules and the judgment is available. <https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1643/index.do>

This has been a long history, and an ongoing political debate which still consists. Over the years there have been various treaties that have been signed between Quebec and Canada and the most relevant for immigration is Canada–Québec Accord relating to Immigration and Temporary Admission of Aliens. <http://www.cic.gc.ca/english/department/laws-policy/agreements/quebec/can-que.asp>This accord in clause 12 states:

12. Subject to sections 13 to 20,

1. Québec has sole responsibility for the selection of immigrants destined to that province and Canada has sole responsibility for the admission of immigrants to that province.
2. Canada shall admit any immigrant destined to Québec who meets Québec’s selection criteria, if the immigrant is not in an inadmissible class under the law of Canada.
3. Canada shall not admit any immigrant into Québec who does not meet Québec’s selection criteria.

This gives exclusive rights to Quebec to determine who will be admitted to Quebec. Therefore if an immigrant does decide to settle in Quebec, he has to comply with the Quebec immigration norms and if an applicant gives his intention to reside in Quebec, without complying with the Quebec norms, the application will be rejected.

Here is an interesting case of an applicant who was studying at McGill in Quebec, but could not provide sufficient evidence to reside outside Quebec when applying for immigration to Canada as per CIC. Her application was rejected, however in the Judicial review the court allowed her application and determined that the officer applied a wrong test.

<https://www.canlii.org/en/ca/fct/doc/2016/2016fc131/2016fc131.html?searchUrlHash=AAAAAQAcaW1taWdyYXRpb24gaW50ZW50IHRvIHJlc2lkZQAAAAAB&resultIndex=11>

Now when you become are given a COPR and a visa issued, landing is the final step and you can provide Quebec address for the PR card, you can even do your landing in Quebec, as long as your province of settling is different.

To read more about the provincial program, its obligation and the constitution on mobility rights, you can see my post here: <https://goo.gl/4cJLdz>

I hope this helps everyone to understand the issue and reasons.

P.S.: PLEASE DO NOT CONFUSE MY LAW DEGREES WITH YOUR GOOGLE SEARCHP

Two applicants this week were not allowed to provide a Quebec address (friend's addresses) for the PR card.

 

[legalfalcon]

Two applicants this week were not allowed to provide a Quebec address (friend's addresses) for the PR card.

I will not go on anecdotal evidence or what an individual agent did or did not do. I have given you the law, and the cases. If an individual CBSA agent does not allow an applicant, that does not mean that it becomes the law.

An applicant need not provide any address, and his COPR will be stamped and he will be admitted. As soon as he is admitted, he can change his address online and give Quebec address. If he can do that, he can also provide the address for the PR card at the port of entry. If someone was not allowed that does not mean, that you cannot. If it would have been that big and issue, the applicant can be refused entry to Canada at the PoE, even with a visa and CoPR.

If you have law or a regulation, please cite.

 

[chow 423]

Hello guys, I need your advice:
1-

FSWO- AOR May 22

I have just received this:

"Your application is rejected.
You have indicated that your province of destination is Quebec. To qualify as a federal skilled worker you must intend to live outside the province of Quebec"

WHY ON EARTH would they put Quebec in the options and let us select it as a province of destination if it's not allowed under EE? :/

is there anything I can do about this guys other than creating a new profile? (my CRS is 444 so I won't make it according to the last cut-off)

2-
One more extremely imp thing to add:

I have a study permit in process to a university in Quebec (that was the reason I have chosen Quebec as the province of destination)

Now if I have created another profile and chosen another province, won't this contradict with my study permit application (as the study intended is in Quebec)?

Or I the fact that I plan to leave Quebec after studying will allow me to choose another province in the EE application?

Quebec has its own rules and regulations. when you create your profile there is a clause about Quebec province.

 

[DelPiero07]

I will not go on anecdotal evidence or what an individual agent did or did not do. I have given you the law, and the cases. If an individual CBSA agent does not allow an applicant, that does not mean that it becomes the law.

An applicant need not provide any address, and his COPR will be stamped and he will be admitted. As soon as he is admitted, he can change his address online and give Quebec address. If he can do that, he can also provide the address for the PR card at the port of entry. If someone was not allowed that does not mean, that you cannot. If it would have been that big and issue, the applicant can be refused entry to Canada at the PoE, even with a visa and CoPR.

If you have law or a regulation, please cite.

This is quite interesting.

So there was a situation earlier this week where a person who is working in Quebec (and applied via EE) received his COPR, he was concerned of landing in Quebec and providing a Quebec address.

According to the law, would he have any issues with this? He was not required to provide a letter of intent and simply stated his intentions to move out of Quebec once his work contract expires later this year.

 

[legalfalcon]

This is quite interesting.

So there was a situation earlier this week where a person who is working in Quebec (and applied via EE) received his COPR, he was concerned of landing in Quebec and providing a Quebec address.

According to the law, would he have any issues with this? He was not required to provide a letter of intent and simply stated his intentions to move out of Quebec once his work contract expires later this year.

This has been settled in the case I have linked above:

<https://www.canlii.org/en/ca/fct/doc/2016/2016fc131/2016fc131.html?searchUrlHash=AAAAAQAcaW1taWdyYXRpb24gaW50ZW50IHRvIHJlc2lkZQAAAAAB&resultIndex=11

 

[achillies91]

@legalfalcon

Recently, I applied for the EE. But my case is complicated.

Last year, I went to Canada on student visa to pursue Master's program in McGill University, Montreal,Quebec.

But, due to health issues of my father who's in India. I came back to India within one month of joining the course.

I am having student visa and CAQ valid till 2018, August.

This year, I applied for renewal of CAQ with an intention to again pursue the same course in McGill University this fall.

But, as I also met the requirement criteria to apply for Permanent Residency under Federal EE, I applied for PR on May 18th. While applying for PR, I have selected PRINCE EDWARD ISLAND as a province of destination/a place where I would like to settle. I have also explained my reason for returning back to India in my LOE and provided proofs related to it.

Recently, I have passed the medicals and my application went to Background status in progress and again to NA.

But, recently I have also got a renewed CAQ certificate which I have applied long back and it is also sent to the VO.

Now, I am having the following query.

Will my PR application be rejected as a renewed CAQ was issued to me and they can find out that I have an intention of studying in McGill University, Quebec ?


If I write a CSE stating that I don't want to pursue my education in the McGill University and settle in any province other than the Quebec, is it going to be of any use to prevent my application from getting rejected.

Once after I land at any port of entry other than Montreal, and move to any province other than the Quebec, but after sometime if I went to the McGill University to pursue education in case I couldn't find any employment, is it permissable?

What if I don't inform anything further about my intentions to settle as I already indicated PEI but a renewed CAQ was issued. Does it come under a Misrepresentation?

I would like to pursue education at McGill University as it would definitely help me in my career growth but at the same time don't want to loose PR as it has its own benefits. However, I don't have any intention of settling in the Quebec.

I read the judgement (Navdeep Kaur Dhaliwal vs Minister,CIC) which was posted above. Looks like this case is similar to mine except that I didn't provide signed affidavits stating that I would not like to stay in the Quebec. But, while filling out the forms online before submitting PR EE application, I mentioned Prince Edward Island as the destination province where I would like to settle in.

So, is this judgement binding on the visa officer only to that case or do the visa officers follow this judgement while dealing the applications which have similar history?