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Ray of Hope 68th Draw

legalfalcon

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,916
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
singh_1984 said:
can you just advise what are the obligations for accepting PNP ?
Click to expand...
See https://www.getgcms.com/blog/understanding-provincial-nomination-pogram/

When you filled your form for the PR, you were asked about your interest to reside in different provinces. Alternatively, you may have sent a letter of interest (“LOI”) to the province communicating your interest in moving to that province. It was in consideration of this Interest that you communicated, and having satisfied the Provincial nominee program requirements, the Province issued you a nomination, which gave you an additional 600 points.

It is important to understand that while Immigration is a federal subject, on which the federal government has complete control, the federal government has given certain privileges to Provinces to attract prospective immigrants to those provinces. PNP, is a part of that deal. However, even when a province nominates a prospective immigrant, it is the federal government through IRCC, which will make a final decision in whether to approve it or not.

There has been a case where a province nominated an applicant, but the IRCC refused his application citing concerns on his intent to settle in that province. The court held that it was the sole prerogative of the IRCC to make a decision and the Province can only nominate, but not have a final say on whom to admit and whom not to. This is why IRCC will ask for settlement plans from some PNP applicants to ensure that they are not using PNP as a means to seek in. (See Deol v. Canada (Minister of Citizenship and Immigration), 2013 FC 1147; and Noreen v. Canada (Minister of Citizenship and Immigration), 2013 FC 1169).

Now the important part – Section 6(3)(a) & (b) are subject to certain regulations and laws, and one of the most important is Provincial Nominee Program. Section 6(3)(a) & (b) create several limits to mobility rights. Laws requiring reasonable residence periods in order to qualify for social service programs, laws that do not discriminate on the basis of province of previous or present residence, and laws designed to improve conditions in areas of Canada with lower than average employment rates, are all exempted from the mobility rights guarantee in section 6. In other words, these types of provisions can infringe mobility rights, without being unconstitutional. Additionally, a law that is not saved by section 6(3) or (4) may be saved by analysis under section 1 of the Charter as being demonstrably justified in a free and democratic society. Until now there has been no case that I have come across dealing with the mobility rights and PNP. If you know of any, please let me know.

This mandates that an immigrant who immigrated under the PNP should remain in the province which nominated him for about 2 years to show his intention. This number is no where in the law, but reading the immigration laws and regulations, this is what people have derived. Even though an immigrant may have become a PR, he is subject to the limitations under Section 6(3)(a) & (b). While the law remains ambiguous, the more provinces are reporting PNP applicants who do not reside in the Province of nomination.

In the case of individuals where indications at the Port of Entry (POE) are that they no longer intend to reside in the nominating province/territory, they may be reported under section A44(1) for non-compliance with paragraph 87(2)(b) of the IRPR. At worst, where it becomes evident that an individual never intended to reside in the nominating province or territory, this could give rise to an allegation of misrepresentation, pursuant to paragraph 40(1)(a) of the IRPA. In the case few months some Provinces have been very actively pursuing this part and reporting immigrants. When reported for misrepresentation, the PR status can be cancelled and the applicant deported.
 
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J

jackdawn

Champion Member
Dec 24, 2016
1,295
920
Just FYI..

July 20, 2017

IMPORTANT NOTICE

Re: Employer Job Offer Streams now accepting applications

The Ontario Immigrant Nominee Program (OINP) is now accepting applications for the Employer Job Offer Streams – Foreign Workers and International Students.

The OINP is monitoring the intake of applications with respect to the limits of Ontario’s federal nomination allocation. Applicants will be informed when the OINP is no longer accepting applications to these streams via this OINP Updates page.

Please refer to the Application Guide for further details on applying to the Employer Job Offer Stream.

Please note, you must submit your complete application to the OINP within 21 days of registering a profile under the Employer Job Offer stream on the OINP e-Filing Portal.

If you are experiencing technical difficulties with your online application or the OINP e-Filing Portal, visit our Tip Sheet for solutions. If you are still having difficulties, please send us an email at OINP.technical-POCI.technique@ontario.ca, and include as much detail as possible about the issue.
 
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V

Vishal-07

Star Member
Jun 9, 2017
149
184
Not being pessimistic i dont see a strong reason for a draw to be today. I mean wednesday is the ideal day for them. I feel the next day of draw is 26th. Hope i am wrong.
 
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