Overall Observations:
The situation referenced by the OP is a credible example, whether it is an actual example or not. Misrepresentation, including misrepresentation as to intent to settle in a particular province attendant a PNP PR application, is grounds to deny citizenship, revoke citizenship, and terminate PR status.
That is, it should be obvious, misrepresentations made during the process of obtaining PR status in Canada can be grounds for:
-- denying the PR application,
-- denying landing even after a PR visa is issued
-- inadmissibility proceedings leading to loss of PR status
-- denying citizenship application (resulting in five year prohibition, at minimum)
-- revoking citizenship anytime for the rest of the person's life
What actually happens depends on when the authorities learn or discover the misrepresentation. If not until twenty years after the individual became a citizen, the government will have to decide whether it was of sufficient severity to warrant pursuing revocation of citizenship or not, along with questions regarding proof of misrepresentation. If discovered during the landing interview, landing will be denied. There are many variations of how things might go. And there may be different thresholds even if the formal standard of proof is the same . . . for example, a misrepresentation sufficient to justify denying a citizenship application might not necessarily lead to inadmissibility proceedings to terminate the individual's PR status, and in regards to the latter I believe H&C considerations can be a basis for not terminating PR status despite a misrepresentation which would support a valid in law decision to terminate PR status. But make no mistake, misrepresentations made during the process of acquiring PR status haunt the validity of status in Canada for the rest of a person's life.
While proving someone misrepresented their intention can be more difficult than proving many other forms of misrepresentation, as a situation such as that referenced by the OP likely illustrates, reasonable inferences can be based on a person's behavior and the circumstances in the individual case.
Charter Mobility Rights:
As for the Charter Rights prescribed by section 6 in the Charter, giving all Canadians (that is, PRs and citizens), a protected right to move between provinces, that does NOT mean the government cannot use evidence of lack of settlement in one province, or efforts to find work in another province, to support a case alleging misrepresentation as to intentions about where they will live and work.
Moreover, this right is subject to BOTH the general provision allowing "
reasonable limits" and to the more specific limitations on mobility rights described in Section 6 of the Charter.
The key thing is that the mobility rights of Canadians does not grant a free pass to use the PNP as a side door to PR status in Canada so the PR can immediately live wherever in Canada they choose. No matter how many get away with gaming the system.
I have seen a number of websites that offer information for immigrants where it is suggested that a period of staying in the nomination province one to two years is usually enough to establish a defense of initial intent to stay in the province; some of these sites specifically recommend that PNP PRs be sure to keep good records such as proof of job hunting in the nomination province as well as proof of residence in the province.
Please stop spreading story from sources that are not clear. Where did you find this? I know many applicants did the same thing and got citizenship. Once you get your pr you can technically live every where you want.
This forum is rife with anecdotal reports of unknown reliability. We do our best to reasonably sort out what to glean from them.
Sometimes it is easy to largely discount or even totally discredit this or that report, especially those which directly conflict with known information.
This is not such a report. On the contrary, it is consistent with known information. If IRCC refers a citizenship application to CBSA for its division, the NSSD, to conduct background screening (this is separate and apart from the formal background clearances from the RCMP and CSIS), no surprise that it takes two plus years for the next step to take place, and if the NSSD identified the applicant made misrepresentations in the process of becoming a Permanent Resident,
INCLUDING MISREPRESENTATION AS TO INTENT TO SETTLE IN THE NOMINATION PROVINCE, for those becoming a PR through the Provincial Nomination Program, yeah, that will lead to the issuance of a fairness letter, putting the applicant on notice that there is credible evidence of misrepresentation, which if determined to be the case, will lead to the citizenship application being denied. This results in a five year prohibition (ban), but moreover, as this report suggests, also includes a very real risk that this could lead to a determination of inadmissibility resulting in loss of PR status.
As previously noted, whether this specific report quoted is an actual case, or not, it illustrates what may very well be an actual case.
On the other hand, this forum is even more permeated with bad and dangerously misleading logic like saying I know a lot of people who have driven 25k over the speed limit on the 401, and have done so often, never stopped or ticketed (count me among those who have been there, done that, guilty but not charged), so it's OK to go 25k over the limit,
EXCEPT it's not . . . oh, sorry, that's a different example, one just misleading but not so dangerously misleading since the worst case scenario should be only a traffic citation for speeding . . . I meant examples like
I know lots of people who did not actually settle in the nomination province who got citizenship, so its OK . . . leaving out the times it
does NOT go OK . . . . like when IRCC (typically through CBSA investigation) ascertains there was misrepresentation.
In regards to getting citizenship, referring to "
applicants did the same thing and got citizenship," beware of getting out over your skis. Misrepresentation in the process of obtaining PR status is grounds for revoking citizenship, and thus can at least haunt if not actually hang over a person's head for the rest of their life. For the immigrant who made misrepresentations in the process of becoming a PR, there will
NEVER be any guarantee it was OK during their lifetime.
But, some may counter, the odds of getting caught are so small as to be remote. Odds are very good the individual will get away with it. Reminds me of a Grateful Dead tune, and the line "
I'm as honest as a gamblin' man can be." Which should be honest enough to know the difference between what is OK and what is gambling on the odds.
It is not easy to find official accounts of actual cases where citizenship has been denied for this kind of misrepresentation. The absence of appeals to the Federal Court does not reveal much. And it is indeed quite likely the number of times this happens is probably small, and the number of those who pursue an appeal in Federal Court much, much smaller.
In contrast it is fairly easy to find official accounts of actual cases where a PNP applicant has been issued a PR visa, and during the formal PR landing the immigration officer discerns facts and circumstances evidencing the individual intends to settle in a province other than the nomination province, and is thus denied landing for misrepresentation as to intent. For example, see Navkiran Kaur Dhanoa's case here
https://canlii.ca/t/jcm9c
The following is a story of a rejected citizenship application, which seems to being spread online recently. Cannot figure out the source of this story. What I do find doubtful, however, is that the guy claimed to have received a procedural fairness letter with an "appeal date".
// *Forwarded*
Got from a friend
SINP nominee's citizenship application rejected
I got into a bit of trouble. my citizenship application is in trouble. My citizenship application was in progress for almost 2.5 years. they asked for passport pages, fingerprint , interview etc etc . Now just on last month i got a procedural fairness letter, they want to reject my application. Their reasoning is that i did not stayed in the province that was nominate me for pr. I was an SINP candidate pr and when i came from BD i stayed in SK for a week and came to toronto. living in toronto since then. In the letter they said , i did not made any attempt to stay in the province nor i tried to contribute to the province as job or otherwise.
They said i signed as in my pnp/pr application that i will made every attempt to stay in nominated province as in good faith. but broke it with bad faith intention.
The letter is 6 pages long and with an appeal date. of course i appealed with a very good toronto lawyer, but the lawyer said honestly i will have very tough battle ahead. even if i stayed at least a year or so i would have fighting chance. i am so scared. i am loosing sleep. and finally if i lost the appeal they will cancel the application and eventually my pr. i have given 7 years to this country of my life. //
