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

[Darko986]

It is a great post. Very informative. It is a year old , but still I want to share my input. I was nominated by NB. I landed in SJ but couldn't find a job. I moved with my family to Montreal where I got a job. I didn't inform the NB official though I signed a commitment to live in NB

Hey Pascal, how long did you stay before you move?
I have a similar situation. Got a good job offer in other province and it is tightly related with my previous professional experience.

 

[Pascal.H]

Hey Pascal, how long did you stay before you move?
I have a similar situation. Got a good job offer in other province and it is tightly related with my previous professional experience.

Hi, 3 months and few days. It is safe to say I am not not worried about the consequences as the move makes sense financially.

 

[RCJ]

@legalfalcon

Hi,

Just had a small query.

We are provincial nominees of Saskatchewan and want to live in Regina. However we would be landing in Calgary as our international flight lands there.

My question was can we spend a few days (10) with my first cousin in Calgary and then move to Regina.

Or do we need to take a connecting flight from Calgary airport itself as soon as we land?

We would be carrying our greyhound tickets from Calgary to Regina and airbnb accommodation confirmation at Regina with us.

Any help would be welcome.

 

[Gary6028]

Great Post. Thank you for sharing.
I have a situation. I became a PR in June 2016 through MPNP, however had to move back to my home country due to some personal reasons in Aug 2016. During my 2 month stay, i applied for some jobs however did not get any. I am getting a good job opportunity in my area of work, however its in Ontario and not in Manitoba. If I accept the offer and move to Canada now, am i legally compliant or can there be consequences for not staying in MB.

Regards,
Gary

 

[Johnny Ghaddar]

One of the most frequently asked question I get is, can an applicant who applied under the PNP, or was given a Provincial nomination move out of the Province of his nomination. And if he can, under what circumstances and what is the procedure.

To answer this question, we need to understand the PR status and then dwell into the PNP program.

1. Understanding Permanent Resident status:

When your PR application is approved, a COPR issued, and a visa stamped in your passport, you are all ready to become a Canadian Permanent Resident. You will become a Permanent Resident as soon as you land in Canada and complete the formalities of getting the COPR stamped, your data entered in the system, and the CSBA officer allowing you to enter Canada as a PR.

Upon becoming a PR, you get all rights under the Canadian Constitution that as a Canadian Citizen has, except the right to vote and run for office. As a PR you may not be eligible for high level security clearance to work for jobs in intelligence, but apart from that, you can work for the government.

One of the many rights a PR would get is called the “Mobility Right.” Section 6 of the Canadian Charter of Rights and Freedoms, which is the same as the fundamental rights or bill of rights in other countries states:

6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
(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.
​

(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.​

(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.

If you carefully read Section 6(2), you will understand that as a PR, you have the right to move and settle in any part of Canada, including Quebec. Even if you mentioned in your application that you want to settle in Ontario and then changed your mind to settle in Montreal, you can do that as a FSW.

This is your fundamental right, which is guaranteed by the Canadian Constitution. As a PR, you don’t have to inform any authority on your intent to move, including the Province you are moving out of, or the Province you are moving to.

2. Understanding your obligation as a PNP nominee

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.

3. Does this mean that the PNP applicant can not leave the Province?

By moving to another province right after you get your immigrant status, your intentions may be questioned and you may be reported for misrepresentation. Here are a few things that you can do before you decide to leave the province that nominated you:

a. Actively look for other jobs within the nominating province.
b. Properly document your job hunting activities including the results for each job that you applied for.
c. Exhaust all means of finding employment inside the province.

If you don’t get job offers or if you’re offered a job but the offer you’re getting out of the province is for a higher position and for a significantly higher pay, then your move is justified. If you have these documented, your move to another Province would be justified and if questioned, you will have all the documents that you tried.

I hope this helps you understand what the PR status is, the mobility rights and your obligation under the PNP.

Your thoughts are welcome and if any of you has experience with the PNP, or would like to add, please do so.

Thank you very much for this informative post. I just got nominated and was in the process of making a decision of accepting it. I had similar queries and your post addressed almost everyone of them. Thanks a bunch.

 

[Johnny Ghaddar]

Great forum for aspiring PNP applicants. Addressed many of my queries. Can anyone elaborate that is the process time different for PNP stream candidates and direct ITA applicants by IRCC ?

 

[legalfalcon]

Great forum for aspiring PNP applicants. Addressed many of my queries. Can anyone elaborate that is the process time different for PNP stream candidates and direct ITA applicants by IRCC ?

After you receive the nomination and the ITA, the processing time for PNP and FSW is almost the same.

The PNP nominees have a longer process time as they first have to file their application with the province, and then with IRCC after getting the nomination.

 

[zohebshaikh]

Information is power!!! I hate confusion and rumours floating. Everything show be backed by a law or a fact. If not, then its not worth it. Hope the information was useful and informative.

@legalfalcon: If an SK-PNP principal applicant reaches a day or two early (at toronto) and the spouse arrives a day or two later (at toronto):

1. can the principal applicant wait at a relatives place in toronto till the spouse arrives later and then move to the nominating province together with spouse?
2. what will the issues be at landing if the principal applicant mentions the above?
3. will it be viewed suspiciously as 'intention not to reside in nominating province' ?
4. what will be the issues for the dependant spouse who arrives a day or two later?
5. what documents will the spouse arriving later need since the landing has already been done a day or two earlier by the principal applicant ?
6. given that the initial days of stay at the nominating province may be at an airbnb apartment till a suitable rental is found, how many days minimum stay (at airbnb) should be shown while landing ?

will appreciate your views on the above please, thank you

 

[legalfalcon]

@legalfalcon: If an SK-PNP principal applicant reaches a day or two early (at toronto) and the spouse arrives a day or two later (at toronto):

1. can the principal applicant wait at a relatives place in toronto till the spouse arrives later and then move to the nominating province together with spouse?
2. what will the issues be at landing if the principal applicant mentions the above?
3. will it be viewed suspiciously as 'intention not to reside in nominating province' ?
4. what will be the issues for the dependant spouse who arrives a day or two later?
5. what documents will the spouse arriving later need since the landing has already been done a day or two earlier by the principal applicant ?
6. given that the initial days of stay at the nominating province may be at an airbnb apartment till a suitable rental is found, how many days minimum stay (at airbnb) should be shown while landing ?

will appreciate your views on the above please, thank you

1. can the principal applicant wait at a relatives place in toronto till the spouse arrives later and then move to the nominating province together with spouse?

Yes, you can even stay outside the province for a few weeks. The while intention is to settle in the nominating province when you can.

1. what will the issues be at landing if the principal applicant mentions the above?

No issues. The officer won't even ask anything.

1. will it be viewed suspiciously as 'intention not to reside in nominating province' ?

No.

1. what will be the issues for the dependant spouse who arrives a day or two later?

No issues.

1. what documents will the spouse arriving later need since the landing has already been done a day or two earlier by the principal applicant ?

When the PA lands, that is when you provide the goods to follow list. Your spouse cannot bring in any more goods that are not on the lish when the PA lands. The PR Card for the spouse will only be initiated after the spouse lands and approves an address.

1. given that the initial days of stay at the nominating province may be at an airbnb apartment till a suitable rental is found, how many days minimum stay (at airbnb) should be shown while landing ?

You need not show anything. CBSA officer will not ask. Just verify your documents, and ask you where you are heading to and you can let him know that you are heading to your nominating Province.

 

[zohebshaikh]

You need not show anything. CBSA officer will not ask. Just verify your documents, and ask you where you are heading to and you can let him know that you are heading to your nominating Province.

@legalfalcon: Thank you so much for your prompt and detailed reply. Will appreciate if you can clarify the following too:

• I read in your post that "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.". This is what had me worried about the landing. What triggers this doubt ?
• Will we not be asked to show any travel tickets / accommodation bookings to proceed to the nominating province while landing ?
• When should an applicant ideally order the GCMS notes? Obviously it will be too early to apply for it on passing the medical. When will the processing visa office be known? Didn't see any thing in this regard in the FAQ at getgcms.

Please advise, thanks.

 

[legalfalcon]

@legalfalcon: Thank you so much for your prompt and detailed reply. Will appreciate if you can clarify the following too:

• I read in your post that "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.". This is what had me worried about the landing. What triggers this doubt ?
• Will we not be asked to show any travel tickets / accommodation bookings to proceed to the nominating province while landing ?
• When should an applicant ideally order the GCMS notes? Obviously it will be too early to apply for it on passing the medical. When will the processing visa office be known? Didn't see any thing in this regard in the FAQ at getgcms.

Please advise, thanks.

1. The settlement concerns are triggered by many factors, such as the availability of jobs in the applicant's field, the relatives in Canada or spouse living in another province, investments in another province and many more. At the time of landing too if the CBSA officer gets to know that you have no intention to go to your nominating Province, then he too can refuse admission. However, just staying for a few days before going to the nomination Province is acceptable.

2. No, as long as you claim in good faith, no issues.

3. Usually 45 days post AoR and then based on what you find in your GCMS notes. Requesting GCMS is a personal choice, you can or you can simply wait it out.

See https://www.canadavisa.com/canada-immigration-discussion-board/threads/march-2018-aor-join-here.546504/page-155#post-7032535

 

[zohebshaikh]

1. The settlement concerns are triggered by many factors, such as the availability of jobs in the applicant's field, the relatives in Canada or spouse living in another province, investments in another province and many more. At the time of landing too if the CBSA officer gets to know that you have no intention to go to your nominating Province, then he too can refuse admission. However, just staying for a few days before going to the nomination Province is acceptable.

2. No, as long as you claim in good faith, no issues.

3. Usually 45 days post AoR and then based on what you find in your GCMS notes. Requesting GCMS is a personal choice, you can or you can simply wait it out.

See https://www.canadavisa.com/canada-immigration-discussion-board/threads/march-2018-aor-join-here.546504/page-155#post-7032535

Thank you for the clarifications, really appreciate the effort you are putting in to educate/make us aware of the process

 

[Johnny Ghaddar]

Hello,

I secured ITA last month after accepting OPNP nomination. I am currently in the process of gathering documents for submittal and have some queries regarding the letter from financial institution.

As per CIC guidelines:

If you are applying for permanent residence in Canada, you must provide an official letter issued by your financial institution indicating your financial profile. This must:

1. list of all your bank (chequing and savings) and investment accounts, the account numbers, dates each account was opened and the balance of each account over the past six months,
2. list all outstanding debts, such as credit cards and loans,
3. be printed on the letterhead of the financial institution, and include your name and the contact information of the financial institution (address, telephone number and e-mail address).

I have asked my financial institution for such letter, but they have issued me with a standard "Account Maintenance Certificate" along with a stamped 06 month statement showing my current account balance. The things which are missing in the letter are:

• Balance of each account over the past six months, as required in point # 01. This is covered in through a stamped bank statement, (Q1) but will this suffice for CIC?
  
• List all outstanding debts, such as credit cards and loans. This is not mentioned on the letter and neither on the statement. The statement however shows ample liquidity in the the account. (Q2) Do I need to submit an separate LOE stating for CIC that my bank does not provide such declaration in a letter ? (Q3) Will this LOE be sufficient or an affidavit/undertaking will be required to satisfy CIC?

My bank account contains sufficient cash balance to cover the CIC requirements with room to spare. I am just concerned about the CIC requirements for declaration from the bank. I know such things can get dragged-on in the bank bureaucracy even if I escalate or file a dispute which would delay my submission since I want to get done with it as soon as possible.

(Q4) Is this a common issue and/or has this resulted in rejection of application or ADR just because of the requirements if the letter ?

Would really appreciate expert advice from members of this thread.

Regards,

@legalfalcon

 

[doylia]

After you receive the nomination and the ITA, the processing time for PNP and FSW is almost the same.

The PNP nominees have a longer process time as they first have to file their application with the province, and then with IRCC after getting the nomination.

@legalfalcon

Hello,

I have filed my PR application express entry few days back under pnp program. I got nominated via BC PNP Express Entry (SI-International graduate) due to which I had additional 600 points and I could file my pr application. Could you please let me know if at all it is possible for me to leave this job now that I have filed for my pr? What will be the consequences if I leave my job at this point ? Please help me out .. the reason I want to leave this job is because they are literally harassing me and putting too much pressure on me just because I'm getting my residency done through this company. Initially I thought I will stick for a few more months somehow but each day it is getting worse. Please guide me.. Thanks in advance

 

[HARDIKVORA]

@legalfalcon your post is very informative. Thank you. Though your post answers the question I have. I would like to put forward my situation and it would be great if you can advice.

My position as of November 22, 2018

Landed on August 4, 2018 with my wife.
Applied to more that 20 jobs so far, 1 interview. (don't have excel sheet of jobs applied but I can check my sent items and make one)
Did Skills for employment and Job finding club for 6 and 3 weeks respectively.
Attended job fairs, did networking with professionals in my field (NOC 1123) and tried other things.
While networking on Linkedin I contacted an old client in BC for whom I worked from my country back in 2013-16.
And surprisingly I got a job offer from him and now I want to explore what should I do that I can move there legally/ without affecting my future PR status.
I am currently doing survival job with a restaurant for over a month as I have exhausted almost all the money I brought from my country.

I appreciate your time.
Thank you.