Hi everyone!
I just want to ask if there's any law that you need to stay for 2 years on the province where you became Permanent resident before you move to another province|?
I am working now in Prince Edward Island and I am thinking to move to another province to get a better job. But there is few people saying here that I need to stay
Here for 2 years before i can move to another province to remain my permanent resident.
I need some advice. Thanks for advance
No, there is no such law. However, if you applied for your PR through a provincial nominee program, you likely signed a document stating that you intend to live in that province. This must have been true when you applied and when you landed. If you stayed for a few months after landing, nobody would be able to accuse you of anything. If you left as soon as you landed, they might be able to say that you did not intend to live in the province when you landed and so that you had misrepresented yourself at your landing as a PNP applicant intending to settle in the PNP province.
There are no rules stating that you have to stay forever in your PNP province. However, if you gain PNP with the intent on moving to another province after you get PR, they could accuse you of misrepresentation.
In order to avoid the possibility of that happening, you should at least not let it look like you were planning on moving when you landed as a PR so you should in any case land in your PNP province and stay there for a few months.
You need to stay for a few months AFTER getting PR to make it risk free. You don't want anybody to be able to say that because you moved days or weeks after getting your PR that you must have been planning to move when you landed. If it were obvious that you already had plans to move when you landed as a PR, they could accuse you of misrepresentation. Not that they necessarily would but they could.
There is no clear obligation to live in MB for any minimum amount of time but in case anybody ever asks you, you want to be able to clearly state that at the time you landed, you did intend to live in MB. So yeah, intentions can change but the question is how fast. It is possible that nobody will ever ask you and if you move now, at least 3 months is better than if it was a week.
No, I haven't heard of anyone who had a problem because they moved. Immigration mostly has issues with people who are landing outside their PNP province and they don't think are going to go live there but I did hear of one person who had problems who had already landed in Manitoba. He was sponsored by his brother and his brother had moved out of the province either before or shortly after he landed. Manitoba PNP found out and told him that they were going to withdraw his nomination because his sponsor is no longer in the province. However, I have no idea if it is even possible to withdraw a nomination once the person already got their PR. Surely he would be able to appeal that. I don't know how it went because they did not come back.
It is a touchy issue but like you said, you did not sign a binding agreement to live in Manitoba for an X number of years after your landing and like you said, intentions can change. If you ever have a problem because of this, you can say that when you landed, you were fully intending to stay in Manitoba forever and ever but then your long term boyfriend got a job offer and moved and your intentions therefore changed and you followed him. You did not land in Manitoba already planning to leave 3 months later. So far, they have not been going after people who move but if they ever do, that is what you can say and I think they will have a big problem trying to prove differently. You would have a good case anyway.
Of course the PNP's are sick and tired of processing applications for people who can't wait to leave them but until they change the rules and make binding agreements or temporary PR cards, I don't see that they can do very much about it.
The Charter of Rights and Freedoms states that citizens and PR's of Canada have the right to live and work in any province, see http://laws-lois.justice.gc.ca/eng/Const/page-15.html
Right, currently, I have not heard of immigration going after anyone who applied under PNP and already landed but moved afterwards.
They *are* going after people who applied under PNP but land outside their PNP province and they suspect are not planning on going there at all and they have been doing that for a few years.
If they decide in the future that they will also go after people who landed and left, they will surely start with the people who leave right away and who is apparent never had any plans to live there.
If you had started out in your PNP province and stayed there for a while, it would be very hard for them to go after you because you signed that you intend to settle in the province and as long as this was true when you applied and when you landed, there is nothing they can say to you.
However, this does not stop the PNP or immigration officers from telling people that they must stay in their PNP province for 2 years, or 3 years or until they get citizenship or even forever. However, there is no legal basis for such claims.
You are free to move between provinces. There is no law that restricts your movement. That is the reason Immigration folks are not going after those people who moved out of the province.
You may argue that you signed the "Intent to live" so you must satisfactorily demonstrate your intention to live in the province that chose you. Actually, your intention to live in the province was when you applied for your nomination, and when you applied for PR. You are satisfactorily demonstrating your intention when you land on the province that nominated you. Hence it is important to note that you should land on the province who nominated you, and you must satisfy Immigration Officer to prove your intention.
Once you landed and got your PR status you will be covered by Canadian mobility rights. This right will let you move between provinces as long as you are not getting any social services from the province.
1) You have very limited options of sponsoring relatives other than the MPNP. Saskatchewan also has a family thing in their PNP but they require a skilled job offer as well and so if you have a skilled job offer, you can usually find another way to immigrate anyway and family sponsorship is not really needed. There is a way to sponsor parents, grandparents, your spouse and dependent children under the federal system. You may sponsor a nephew if he is under 18 and an orphan. You may sponsor one other relative under the federal system if you are alone in Canada without any close family members, nor do you have close family members at home that you would qualify to sponsor. That means that if you have a spouse and dependent children or living parents, you would not qualify to sponsor your nephew.
2) Yes, as you move, you notify MB health that you are moving and you register for health care in your new province. MB health will cover you while you wait to get your new health card. You would exchange your MB drivers license for your new province drivers license. Employment is never guaranteed but your SIN and PR are valid in any province and you have the same right to apply for jobs as everybody else. I am not sure what other benefits you are getting in Manitoba.
3) Not as far as I know.
One thing to note is that if you were sponsored to MB yourself, your sponsor will be unable to sponsor other people if you leave. This may cause bad feelings between you and your sponsor but if you can't find work in MB, you have to worry about your existence first and bad feelings later.
Good catch. In this post, he is a MPNP PR and in his other post, he is applying for PR under federal with his wife applying under PNP.
Applying under any PNP without the intention of staying in the province at the time of application and landing is definitely misrepresentation.
Good catch. In this post, he is a MPNP PR and in his other post, he is applying for PR under federal with his wife applying under PNP.
Applying under any PNP without the intention of staying in the province at the time of application and landing is definitely misrepresentation.
1. They can work outside MB. The charter of rights and freedoms states that a PR can live and work in any province.
2. There is no stipulation for how many months they should stay in MB
3. I would recommend staying for a little more than 6 months because it means you get health care in MB and you fulfill staying your 6 months in a year to be eligible for it so you don't risk getting accused of health care fraud if you use your health care and leave without spending 6 months. Otherwise, you can leave earlier but then you should not use your health card and preferably not even apply for one.
Even though there is no law, you signed a document stating that you intend to settle in MB. If this is not true when you apply and when you land, you could get accused of misrepresentation at some point (lying on your application) and that could lose you your PR. Immigration can however not see into your head to see what your intentions are or were when you applied and landed so you should at least stay for enough time so that it doesn't look like you were already planning to leave when you landed. How much time is up to you but consider that if you leave a week after landing, it will be clear to anybody who ever looks into your case that you were not planning on staying in MB when you landed. However, if you leave after 2 months, you could say that you tried to find a job in MB but were unsuccessful and it would be harder for immigration to prove, should they want to, that you landed with the intention of leaving.
Be aware that if you leave MB, your sponsor will no longer be allowed to sponsor anybody else. This can cause bad feelings between you and your sponsor.
4. Just because 98% of many people say something doesn't mean it is true. Ask those people to point out to you on the CIC website where it says that you must stay for 2-3 years and they can't because it doesn't. Ask them to clarify whether it is 2 or 3 years. Surely, if there is a law, it must be either 2 or 3. That must be clear. There is simply no such law. Further more, there is no difference in the PR you get through MPNP and federal application classes. It is the same PR. There is no such thing as a provincial or federal PR.
5. An MPNP PR is a PR of Canada and can work in any province.
From the New Brunswick PNP program FAQ at http://www.gnb.ca/Immigration/faqs2007-e.asp#16
If I am successful in immigrating to New Brunswick through the Nominee Program, how long do I have to stay in the province?
The New Brunswick Provincial Nominee Program is intended only for people genuinely interested in living and working in New Brunswick.
Any immigrant who has been nominated under the Nominee Program is fully expected to reside, work and conduct business in New Brunswick and become a permanent resident of this province. Any failure to comply with this Nominee Program requirement will be considered a breach of contract and a serious misrepresentation of facts in the application process. It is an offence under the Immigration and Refugee Protection Act to knowingly make a false or misleading statement in support of an application for permanent residence in Canada. Doing so can result in a two-year ban from entering Canada.
The PNP's usually make you sign a statement saying that you intend to settle in their province. If you leave their province as soon as you get PR, they might feel that you lied on your application form. Lying on your application as they say above can cause your PR to be revoked and you deported. I have not heard about them going after anybody yet but that doesn't mean they wont. Maybe they don't have much of a case but it's not advisable to get into that kind of trouble with immigration if it is avoidable. Since mdoc is already there for a year, he is probably ok to leave now. Might be a good idea to call NB PNP program and ask if they are ok with it and if they would do anything about it.
Mobility Rights CANADA GOVERNMENT
Marginal note:
Mobility of citizens
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.
Marginal note:
Limitation
(3) The rights specified in subsection (2) are subject to
(a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and
(b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.
Marginal note:
Affirmative action programs
(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada
