Citizenship application REFUSAL for residents in Quebec with PR obtained through EE

[waitin_4_csq]

Hello I would like your opinion about a situation that I'm in.

I’m soon eligible for Canadian citizenship but have concerns about my citizenship application. I got PR through EE while living in Quebec, intending to move to Ontario after my employer agreed to transfer me. However, I was laid off 2 days after getting PR. Despite trying to find jobs outside Quebec, I stayed here, and was on EI for 8 months with no job, then I eventually returned to school for a master’s degree in Montreal, and never left the province since then.

Could my citizenship be refused or my PR revoked for misrepresentation because I didn’t leave Quebec? Are there cases where this has happened?

PS: I personally didn't intentionally misrepresented IRCC, I genuinely had plans to move out to Ontario but couldn't because I lost my job and couldn't find a new one.

 

[waitin_4_csq]

I'd appreciate it if someone with knowledge or has been in the same situation could help! Tnx

 

[ArisDadi]

As a permanent resident, you have the right to live, work, or study anywhere in Canada.
However, if you became a permanent resident through the Provincial Nominee Program and signed a commitment with the province that accepted you, that may cause problems.

 

[waitin_4_csq]

No, I wasn't nominated by any province.
However, I wrote a letter to state my intention to relocate to Ontario once I became PR.

 

[asiqur]

As a permanent resident, you have the right to live, work, or study anywhere in Canada.
However, if you became a permanent resident through the Provincial Nominee Program and signed a commitment with the province that accepted you, that may cause problems.

Except for Quebec, which chooses its permanent residents itself. Otherwise, asking you to declare that you do not intend to live in Quebec while applying for PR would be useless. You can check YouTube videos by immigration lawyers ( e.g.,

) explaining this in much greater detail than I can, as to why it is so (special status of Quebec).

No, I wasn't nominated by any province.
However, I wrote a letter to state my intention to relocate to Ontario once I became PR.

I was also working in Quebec at the time of my application for permanent residence through Express Entry. By the way, my application was delayed for 14 months due to "Review Required" on my eligibility, so I moved to Ontario before the final decision was made. I had a friend in Quebec who personally witnessed a case in which a couple's PR was cancelled even after it was granted because they changed their address from Ottawa to Montreal.

I would say, better safe than sorry!

I hope this helps explain things a bit.

 

[sega3500c]

No, I wasn't nominated by any province.
However, I wrote a letter to state my intention to relocate to Ontario once I became PR.

That's strange because Permanent residents can do whatever they want. The only case could potentially cause issues is where people apply through PNP and arrive as PR to another province (Kinda didn't even try to establish there). Was it required to leave Quebec by the program you applied for PR? If no - Your personal circumstances can't affect your citizenship application.

 

[asiqur]

That's strange because Permanent residents can do whatever they want. The only case could potentially cause issues is where people apply through PNP and arrive as PR to another province (Kinda didn't even try to establish there). Was it required to leave Quebec by the program you applied for PR? If no - Your personal circumstances can't affect your citizenship application.

No, it is not program-specific. If you're referring to the Charter of Rights and Freedoms (which also applies to permanent residents), that doesn't apply in the case of Quebec due to its "special status" in the Canadian Constitution. Check the links:

CEC: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/who-can-apply/canadian-experience-class.html
FSW: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/who-can-apply/federal-skilled-workers.html
FSTP: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/who-can-apply/federal-skilled-trades.html

All of them clearly mention this at the bottom of the page under "Where you can live in Canada":

You must plan to live outside the province of Quebec. The province of Quebec selects its own skilled workers. If you plan on living in Quebec, see Quebec-selected skilled workers for more information.

This is referred to as "Procedural Fairness" by IRCC. If they find out that you lived in Quebec after the grant of permanent residence (PR), they can cancel your PR under "Misrepresentation", which is essentially what it is when you promise them that you don't intend to settle in Quebec and ultimately end up doing so, regardless of the reasons behind that.

In part, it is also due to pressure from the Quebec government, which is pushing hard for "French preservation" (look at the language Bill 96 they passed in 2022 or so). I lived in Quebec long enough to learn most of this. I am not sure if you're aware of this, but you can't send your children to English schools in Quebec if you're a permanent resident (PR) or a citizen, unless one of the parents is a Canadian by Birth and has attended an English school in Canada. This is due to the change brought through Bill 96 (TheGlobeAndMail news, even Mr. Dump using it as a basis for tariffs, see link).

 

[sega3500c]

No, it is not program-specific. If you're referring to the Charter of Rights and Freedoms (which also applies to permanent residents), that doesn't apply in the case of Quebec due to its "special status" in the Canadian Constitution. Check the links:

CEC: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/who-can-apply/canadian-experience-class.html
FSW: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/who-can-apply/federal-skilled-workers.html
FSTP: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/express-entry/who-can-apply/federal-skilled-trades.html

All of them clearly mention this at the bottom of the page under "Where you can live in Canada":



This is referred to as "Procedural Fairness" by IRCC. If they find out that you lived in Quebec after the grant of permanent residence (PR), they can cancel your PR under "Misrepresentation", which is essentially what it is when you promise them that you don't intend to settle in Quebec and ultimately end up doing so, regardless of the reasons behind that.

In part, it is also due to pressure from the Quebec government, which is pushing hard for "French preservation" (look at the language Bill 96 they passed in 2022 or so). I lived in Quebec long enough to learn most of this. I am not sure if you're aware of this, but you can't send your children to English schools in Quebec if you're a permanent resident (PR) or a citizen, unless one of the parents is a Canadian by Birth and has attended an English school in Canada. This is due to the change brought through Bill 96 (TheGlobeAndMail news, even Mr. Dump using it as a basis for tariffs, see link).

Honestly your case looking too complex for this forum. In my opinion you acted with the best of your knowledge and didn't misrepresent anyone so you should collect all case related evidences (Mailing with the supervisor, layoff docs, EI docs and so on) for fair explanation why you weren't able to leave Quebec(Was education provided as a employment strategy by the Province?). Every single step and reasons are too important so I would collect absolutely everything with detailed description and ask immigration lawyer (Not Consultant) how to apply and what to attach to your citizenship application. I don't think that 500-1000 dollars for professional consultation is a big price here. Good Luck!

 

[armoured]

If you're referring to the Charter of Rights and Freedoms (which also applies to permanent residents), that doesn't apply in the case of Quebec due to its "special status" in the Canadian Constitution.

Hogwash.

 

[dreamingmigrant]

Except for Quebec, which chooses its permanent residents itself. Otherwise, asking you to declare that you do not intend to live in Quebec while applying for PR would be useless. You can check YouTube videos by immigration lawyers ( e.g.,

) explaining this in much greater detail than I can, as to why it is so (special status of Quebec).





I was also working in Quebec at the time of my application for permanent residence through Express Entry. By the way, my application was delayed for 14 months due to "Review Required" on my eligibility, so I moved to Ontario before the final decision was made. I had a friend in Quebec who personally witnessed a case in which a couple's PR was cancelled even after it was granted because they changed their address from Ottawa to Montreal.

I would say, better safe than sorry!

I hope this helps explain things a bit.

What if an FSW moves to Quebec after spending a couple of years in Ontario? If they, let's say find better opportunities. Is that also a red flag?

 

[dpenabill]

I’m soon eligible for Canadian citizenship but have concerns about my citizenship application. I got PR through EE while living in Quebec, intending to move to Ontario after my employer agreed to transfer me. However, I was laid off 2 days after getting PR. Despite trying to find jobs outside Quebec, I stayed here, and was on EI for 8 months with no job, then I eventually returned to school for a master’s degree in Montreal, and never left the province since then.

Could my citizenship be refused or my PR revoked for misrepresentation because I didn’t leave Quebec? Are there cases where this has happened?

PS: I personally didn't intentionally misrepresented IRCC, I genuinely had plans to move out to Ontario but couldn't because I lost my job and couldn't find a new one.

The issue is not whether you stayed in Quebec but whether your staying in Quebec raises questions about whether you made a misrepresentation of intent when you were applying for PR, and if in the overall circumstances there is reason to conclude you did misrepresent your intent.

As a PR, you have a Charter right to live in Quebec and to work in Quebec. But you did not have that right until you actually obtained PR status.

Despite what @asiqur gets wrong (a PR's Charter mobility rights do apply to Quebec), the gist of it is that remaining in Quebec can be seen as evidence you never truly or genuinely intended to settle outside Quebec (and it is quite likely this is how some will see it). That is, the fact you never left could be seen as evidence you did not really intend to settle outside Quebec, that you made misrepresentations of your intent when you were not yet a Canadian, that is when you were still a Foreign National and not yet a PR. Obviously, Charter mobility rights a person has AFTER they become a Canadian (a PR) do not give them a right to misrepresent their intent in the process of obtaining PR status (and this includes not just what the FN says but also applies to any omissions in what they say, right up to and including answers to questions in the moment of landing).

I do not know to what extent making an application for citizenship might risk scrutiny of your immigration history leading to suspicion you made such a misrepresentation. I cannot quantify the odds of that leading to a 44(1) Inadmissibility Report alleging misrepresentation.

Obviously, just saying that when you made the application for PR you genuinely intended, if granted PR, to settle in Ontario not Quebec, does not guarantee IRCC or CBSA will see it that way, that they will conclude there was no misrepresentation. It can be tough to persuade people that a self-serving claim, like "I did not intend to shoot let alone kill him when I pulled the trigger," is true.

I also do not know, but it is easy to apprehend that if you are living in Quebec when you make a citizenship application, and processing the application is referred to a local office in Quebec (as it would be), there is a real risk the processing agent will take notice of your immigration history and the fact you settled/stayed in Quebec, and at the very least look into this more closely if not skeptically.

So there is some risk that an application for citizenship, or perhaps even an application to renew your PR card, could trigger inadmissibility proceedings. As has been referenced (but not clearly), you would get a PFL alleging the misrepresentation and have an opportunity to explain your side of things. If this happens you might, for example, compile and present evidence of the efforts you made to settle in Ontario (or any other province) to back up your story, to show you intended to settle outside Quebec.

I cannot forecast if that will happen, and even more so cannot forecast how it will go if it does. We do not see a lot of misrepresentation cases against PRs (more in regards to applications by Foreign Nationals, that is before someone becomes a PR, including applications for PR). The risk of inadmissibility proceedings for misrepresentation may be quite low, but of course there is a lot at stake, so even if the risk is low, proceeding with caution would be prudent.

It might be worth your while to hire a lawyer, that is to actually pay a lawyer to advise and represent you, before you apply for citizenship, perhaps even before you apply to renew your PR card. (And while the risk is probably a lot lower, if you are returning to Canada through a Port-of-Entry in Quebec, there is probably some risk a CBSA officer could ask questions leading to an investigation of misrepresentation, which could lead to an inadmissibility report commencing the process to revoke your PR status.)

But I can say that if that happens, if you get a PFL it would be a damn good idea to have a lawyer's assistance. The sufficiency of a response to a PFL can be (often is) the critical lynchpin in the process, more or less dictating what the outcome will be. There can be very little opportunity to later fix the response to the PFL. Meanwhile, the timeline for responding to the PFL is so short, if you have not already retained a lawyer to help you, it could be very difficult to get competent legal assistance in time to submit a sufficient response to the PFL.

Be aware that circumstances triggering suspicions can easily mean an application is deemed high complex and that can lead to non-routine processing involving lengthy delays. Could be rough sailing even if the eventual outcome goes OK.

Additional Observations:

There is a lot in the responses by @asiqur that is wrong. For example (in addition to being wrong in claiming that Charter mobility rights do not apply to Quebec):

If they find out that you lived in Quebec after the grant of permanent residence (PR), they can cancel your PR under "Misrepresentation", which is essentially what it is when you promise them that you don't intend to settle in Quebec and ultimately end up doing so, regardless of the reasons behind that.

This is not true, or at least is very misleading. To find a PR misrepresented their intent and find the PR inadmissible, thus terminating/revoking PR status, the evidence must establish beyond a balance of probabilities that during the process of becoming a PR they did in fact not intend to settle outside Quebec. Staying in Quebec may be seen as evidence that was the PR's intent, but if the PR credibly explains reasons why their plans changed, and especially if they also show evidence corroborating an intent to settle in another province (like documentation of job applications and such), that should show there was no misrepresentation. That is, "the reasons behind" the decision to stay in Quebec do matter.

But my sense is the gist of what @asiqur is saying is well within the ballpark, in that there probably is a significant risk that staying in Quebec could cause problems, potentially triggering an investigation into misrepresentation which could, depending on the details, lead to inadmissibility proceedings for misrepresentation.

So, not quite "hogwash" . . . but there is good reason for that characterization, in the response by @armoured, to the claim:

"If you're referring to the Charter of Rights and Freedoms (which also applies to permanent residents), that doesn't apply in the case of Quebec due to its "special status" in the Canadian Constitution."​

To be clear, the mobility rights of PRs are prescribed in Section 6(2) of the Charter, which in particular provides that a PR 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."​

and these rights do apply to Quebec, and absent an amendment to the Charter Parliament cannot enact a bill that contravenes these rights, so no, Bill 96 does not contravene the right any and all PRs have to move into Quebec.

However, these mobility rights are subject to some limitations, those prescribed in Section 6(3), as well as "such reasonable limits prescribed by law as can be demonstrably justified," as specified in Section 1 of the Charter, applying to all the rights and fundamental freedoms set out in the Charter.

 

[dpenabill]

What if an FSW moves to Quebec after spending a couple of years in Ontario? If they, let's say find better opportunities. Is that also a red flag?

Non-Canadians (Foreign Nationals) do not have the mobility rights that the Charter prescribes for Canadians (that is for citizens and permanent residents) in Section 6(2) of the Charter. Once a person has PR status, that is once they are a Canadian (no longer a Foreign National), they do have Section 6(2) mobility rights, and they can move to Quebec and work in Quebec.

A move to Quebec more than a year after becoming a PR, let alone two years, is not likely to be interpreted or seen as indicating a failure to disclose, during the process of becoming a PR, an intent to settle in Quebec. But if authorities become aware of other evidence suggesting misrepresentation (including by omission), and the circumstances otherwise evidence misrepresentation of intent, there is some risk.

But overall I have not seen reporting that reveals how much risk there is that a citizenship application (or PR card application) might get bogged down in non-routine processing delays, related to background investigation of the PR's intent during the process of becoming a PR, an inquiry triggered because they are living in Quebec when they did not go through the process of obtaining PR status for immigrants to Quebec. Perhaps this happens and it explains why many complain that local offices in Quebec take longer to process citizenship applications.

 

[asiqur]

The issue is not whether you stayed in Quebec but whether your staying in Quebec raises questions about whether you made a misrepresentation of intent when you were applying for PR, and if in the overall circumstances there is reason to conclude you did misrepresent your intent.

As a PR, you have a Charter right to live in Quebec and to work in Quebec. But you did not have that right until you actually obtained PR status.

Despite what @asiqur gets wrong (a PR's Charter mobility rights do apply to Quebec), the gist of it is that remaining in Quebec can be seen as evidence you never truly or genuinely intended to settle outside Quebec (and it is quite likely this is how some will see it). That is, the fact you never left could be seen as evidence you did not really intend to settle outside Quebec, that you made misrepresentations of your intent when you were not yet a Canadian, that is when you were still a Foreign National and not yet a PR. Obviously, Charter mobility rights a person has AFTER they become a Canadian (a PR) do not give them a right to misrepresent their intent in the process of obtaining PR status (and this includes not just what the FN says but also applies to any omissions in what they say, right up to and including answers to questions in the moment of landing).

I do not know to what extent making an application for citizenship might risk scrutiny of your immigration history leading to suspicion you made such a misrepresentation. I cannot quantify the odds of that leading to a 44(1) Inadmissibility Report alleging misrepresentation.

Obviously, just saying that when you made the application for PR you genuinely intended, if granted PR, to settle in Ontario not Quebec, does not guarantee IRCC or CBSA will see it that way, that they will conclude there was no misrepresentation. It can be tough to persuade people that a self-serving claim, like "I did not intend to shoot let alone kill him when I pulled the trigger," is true.

I also do not know, but it is easy to apprehend that if you are living in Quebec when you make a citizenship application, and processing the application is referred to a local office in Quebec (as it would be), there is a real risk the processing agent will take notice of your immigration history and the fact you settled/stayed in Quebec, and at the very least look into this more closely if not skeptically.

So there is some risk that an application for citizenship, or perhaps even an application to renew your PR card, could trigger inadmissibility proceedings. As has been referenced (but not clearly), you would get a PFL alleging the misrepresentation and have an opportunity to explain your side of things. If this happens you might, for example, compile and present evidence of the efforts you made to settle in Ontario (or any other province) to back up your story, to show you intended to settle outside Quebec.

I cannot forecast if that will happen, and even more so cannot forecast how it will go if it does. We do not see a lot of misrepresentation cases against PRs (more in regards to applications by Foreign Nationals, that is before someone becomes a PR, including applications for PR). The risk of inadmissibility proceedings for misrepresentation may be quite low, but of course there is a lot at stake, so even if the risk is low, proceeding with caution would be prudent.

It might be worth your while to hire a lawyer, that is to actually pay a lawyer to advise and represent you, before you apply for citizenship, perhaps even before you apply to renew your PR card. (And while the risk is probably a lot lower, if you are returning to Canada through a Port-of-Entry in Quebec, there is probably some risk a CBSA officer could ask questions leading to an investigation of misrepresentation, which could lead to an inadmissibility report commencing the process to revoke your PR status.)

But I can say that if that happens, if you get a PFL it would be a damn good idea to have a lawyer's assistance. The sufficiency of a response to a PFL can be (often is) the critical lynchpin in the process, more or less dictating what the outcome will be. There can be very little opportunity to later fix the response to the PFL. Meanwhile, the timeline for responding to the PFL is so short, if you have not already retained a lawyer to help you, it could be very difficult to get competent legal assistance in time to submit a sufficient response to the PFL.

Be aware that circumstances triggering suspicions can easily mean an application is deemed high complex and that can lead to non-routine processing involving lengthy delays. Could be rough sailing even if the eventual outcome goes OK.

Additional Observations:

There is a lot in the responses by @asiqur that is wrong. For example (in addition to being wrong in claiming that Charter mobility rights do not apply to Quebec):

This is not true, or at least is very misleading. To find a PR misrepresented their intent and find the PR inadmissible, thus terminating/revoking PR status, the evidence must establish beyond a balance of probabilities that during the process of becoming a PR they did in fact not intend to settle outside Quebec. Staying in Quebec may be seen as evidence that was the PR's intent, but if the PR credibly explains reasons why their plans changed, and especially if they also show evidence corroborating an intent to settle in another province (like documentation of job applications and such), that should show there was no misrepresentation. That is, "the reasons behind" the decision to stay in Quebec do matter.

But my sense is the gist of what @asiqur is saying is well within the ballpark, in that there probably is a significant risk that staying in Quebec could cause problems, potentially triggering an investigation into misrepresentation which could, depending on the details, lead to inadmissibility proceedings for misrepresentation.

So, not quite "hogwash" . . . but there is good reason for that characterization, in the response by @armoured, to the claim:
"If you're referring to the Charter of Rights and Freedoms (which also applies to permanent residents), that doesn't apply in the case of Quebec due to its "special status" in the Canadian Constitution."

To be clear, the mobility rights of PRs are prescribed in Section 6(2) of the Charter, which in particular provides that a PR 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."

and these rights do apply to Quebec, and absent an amendment to the Charter Parliament cannot enact a bill that contravenes these rights, so no, Bill 96 does not contravene the right any and all PRs have to move into Quebec.

However, these mobility rights are subject to some limitations, those prescribed in Section 6(3), as well as "such reasonable limits prescribed by law as can be demonstrably justified," as specified in Section 1 of the Charter, applying to all the rights and fundamental freedoms set out in the Charter.

Thank you, @dpenabill, for providing clarity. However, when I mentioned that the Charter of Freedom doesn't apply, I was referring to this specific situation (Citizenship application), not as a whole, meaning that Charter of Freedom doesn't guarantee that you'll be granted citizenship if you lived or moved to Quebec after the grant of PR. I know as a PR we can live and work anywhere, but if living in Quebec results in the cancellation of PR or refusal of Citizenship, does the Charter apply to Quebec in its full spirit? Providing as much proof as possible that you at least tried to settle outside Quebec might give you a chance to make your case. However, due to a Nationalist government in Quebec, Ottawa is trying hard to avoid any new conflicts. See this news. For that reason, when it comes to making decisions on the cases from Quebec, IRCC mostly follows the procedure. Yes, they do issue PFLs sometimes, but that is mainly in the case of PR applications. Based on my experience on the forum, most people have provided sufficient evidence, such as obtaining an Ontario Driver's License, health card, and address, among other documents. Also, Bill 96 doesn't restrict you from going to or working in Quebec. I only referred to it as the steps being taken by the Quebec government to preserve the French language. The Quebec government has openly spoken out against Ottawa not taking sufficient measures to ensure that the PRs coming to the province are only those chosen by Quebec (through CSQ), which will ensure that the PRs coming to the province are French-speaking or have passed French language tests. Whatever the reason may be, there is a considerable risk for @waitin_4_csq, and consulting an immigration lawyer might be the best idea to gain better clarity in their specific situation. I apologize if my answers caused conflict or were misleading.

When it comes to Quebec's present-day government, nothing is hogwash @armoured. However, thank you for your contribution to this thread anyway.

 

[dpenabill]

Thank you, @dpenabill, for providing clarity. However, when I mentioned that the Charter of Freedom doesn't apply, I was referring to this specific situation (Citizenship application), not as a whole, meaning that Charter of Freedom doesn't guarantee that you'll be granted citizenship if you lived or moved to Quebec after the grant of PR. I know as a PR we can live and work anywhere, but if living in Quebec results in the cancellation of PR or refusal of Citizenship, does the Charter apply to Quebec in its full spirit? Providing as much proof as possible that you at least tried to settle outside Quebec might give you a chance to make your case. However, due to a Nationalist government in Quebec, Ottawa is trying hard to avoid any new conflicts. See this news. For that reason, when it comes to making decisions on the cases from Quebec, IRCC mostly follows the procedure. Yes, they do issue PFLs sometimes, but that is mainly in the case of PR applications. Based on my experience on the forum, most people have provided sufficient evidence, such as obtaining an Ontario Driver's License, health card, and address, among other documents. Also, Bill 96 doesn't restrict you from going to or working in Quebec. I only referred to it as the steps being taken by the Quebec government to preserve the French language. The Quebec government has openly spoken out against Ottawa not taking sufficient measures to ensure that the PRs coming to the province are only those chosen by Quebec (through CSQ), which will ensure that the PRs coming to the province are French-speaking or have passed French language tests. Whatever the reason may be, there is a considerable risk for @waitin_4_csq, and consulting an immigration lawyer might be the best idea to gain better clarity in their specific situation. I apologize if my answers caused conflict or were misleading.

When it comes to Quebec's present-day government, nothing is hogwash @armoured. However, thank you for your contribution to this thread anyway.

I understand you are trying to be helpful in highlighting the extent to which some immigrants living in Quebec may encounter more scrutiny and procedural hurdles than those in other provinces, and why, and I do not mean to diminish or deny how this can increase certain risks. And that probably includes the risk of triggering inquiry into possible misrepresentation, which can disrupt and delay processing of a citizenship application, or in some cases could result in a determination of inadmissibility and loss of PR status (if the PR is determined to actually have made misrepresentations). This is something that PRs like @waitin_4_csq should be aware of, including the risk of elevated scrutiny in particular and what that might entail, what may result from that.

I am not sure there is a "considerable" risk for @waitin_4_csq but there could be, so I agree with you that it might be a good idea for them to consult an immigration lawyer (to pay for a lawyer to examine the details in their situation and assess their case in particular).

But to be clear, a statement that the mobility rights of Canadians (PRs and citizens) as guaranteed by the Charter do not apply to Quebec, to put it not at all delicately, sorry but yes that is hogwash. And the importance of recognizing this, that these Charter rights do apply to Quebec, is illustrated in your comment about living in Quebec resulting in the cancellation of PR. You said, in particular:

I know as a PR we can live and work anywhere, but if living in Quebec results in the cancellation of PR or refusal of Citizenship, does the Charter apply to Quebec in its full spirit?​

Living in Quebec will NOT result in the cancellation of PR or refusal of citizenship. Living in Quebec is NOT grounds for revoking PR or for denying citizenship.

It may be that a PR living in Quebec applying for citizenship will encounter elevated scrutiny if they did not immigrate through the procedure to settle in Quebec in particular. I do not know this but I can easily see it is very possible. For an applicant who is qualified and who has made no misrepresentations and has no other prohibitions, however, there is not much to worry about other than to be aware that processing could take longer due to some increased scrutiny.

And sure, it is likely the risk of increased scrutiny is significantly greater for a PR like @waitin_4_csq who did not immigrate through the Quebec process but settled and stayed in Quebec.

As I said, the issue is not whether the PR stayed in Quebec. There is nothing wrong with staying in Quebec. The Charter protects the PR's right to stay in Quebec.

But by staying in Quebec that might look to some, perhaps many, including IRCC officials, like the PR never intended to settle outside Quebec. That might trigger some questions, some investigating, and could lead to an allegation of misrepresentations made in the process of becoming a PR. It will not, cannot lead to a decision denying citizenship or revoking PR status without a formal allegation of misrepresentation and the PR being given an opportunity to respond to that allegation. That, by the way, would be the PFL. And the issue would be whether there were misrepresentations made in the process of applying for PR status. So, as I said previously, the reasons behind the decision to stay in Quebec can indeed matter. Efforts to find employment in another province can matter. And the PR's honest declaration "I intended to find work and settle in Ontario but . . . " matters (but standing alone may not be enough).

By the way, in referring to PFLs you say that "is mainly in the case of PR applications." I actually addressed this in my previous post. We do not see misrepresentation alleged much against PRs. IRCC makes a concerted effort to identify and litigate misrepresentations made in PR applications before PR status is granted. So we see more PFLs alleging misrepresentation in pre-PR cases. But if misrepresentation is alleged and particularly if it will be relied on as a reason for denying an application, or even more so if it is alleged attendant inadmissibility proceedings, there will be a PFL informing the individual of the allegation of misrepresentation, and an opportunity to respond to the allegation, whether the allegation is made during pre-PR procedures or it is made while a citizenship application is pending.

 

[asiqur]

I understand you are trying to be helpful in highlighting the extent to which some immigrants living in Quebec may encounter more scrutiny and procedural hurdles than those in other provinces, and why, and I do not mean to diminish or deny how this can increase certain risks. And that probably includes the risk of triggering inquiry into possible misrepresentation, which can disrupt and delay processing of a citizenship application, or in some cases could result in a determination of inadmissibility and loss of PR status (if the PR is determined to actually have made misrepresentations). This is something that PRs like @waitin_4_csq should be aware of, including the risk of elevated scrutiny in particular and what that might entail, what may result from that.

I am not sure there is a "considerable" risk for @waitin_4_csq but there could be, so I agree with you that it might be a good idea for them to consult an immigration lawyer (to pay for a lawyer to examine the details in their situation and assess their case in particular).

But to be clear, a statement that the mobility rights of Canadians (PRs and citizens) as guaranteed by the Charter do not apply to Quebec, to put it not at all delicately, sorry but yes that is hogwash. And the importance of recognizing this, that these Charter rights do apply to Quebec, is illustrated in your comment about living in Quebec resulting in the cancellation of PR. You said, in particular:

I know as a PR we can live and work anywhere, but if living in Quebec results in the cancellation of PR or refusal of Citizenship, does the Charter apply to Quebec in its full spirit?​

Living in Quebec will NOT result in the cancellation of PR or refusal of citizenship. Living in Quebec is NOT grounds for revoking PR or for denying citizenship.

It may be that a PR living in Quebec applying for citizenship will encounter elevated scrutiny if they did not immigrate through the procedure to settle in Quebec in particular. I do not know this but I can easily see it is very possible. For an applicant who is qualified and who has made no misrepresentations and has no other prohibitions, however, there is not much to worry about other than to be aware that processing could take longer due to some increased scrutiny.

And sure, it is likely the risk of increased scrutiny is significantly greater for a PR like @waitin_4_csq who did not immigrate through the Quebec process but settled and stayed in Quebec.

As I said, the issue is not whether the PR stayed in Quebec. There is nothing wrong with staying in Quebec. The Charter protects the PR's right to stay in Quebec.

But by staying in Quebec that might look to some, perhaps many, including IRCC officials, like the PR never intended to settle outside Quebec. That might trigger some questions, some investigating, and could lead to an allegation of misrepresentations made in the process of becoming a PR. It will not, cannot lead to a decision denying citizenship or revoking PR status without a formal allegation of misrepresentation and the PR being given an opportunity to respond to that allegation. That, by the way, would be the PFL. And the issue would be whether there were misrepresentations made in the process of applying for PR status. So, as I said previously, the reasons behind the decision to stay in Quebec can indeed matter. Efforts to find employment in another province can matter. And the PR's honest declaration "I intended to find work and settle in Ontario but . . . " matters (but standing alone may not be enough).

By the way, in referring to PFLs you say that "is mainly in the case of PR applications." I actually addressed this in my previous post. We do not see misrepresentation alleged much against PRs. IRCC makes a concerted effort to identify and litigate misrepresentations made in PR applications before PR status is granted. So we see more PFLs alleging misrepresentation in pre-PR cases. But if misrepresentation is alleged and particularly if it will be relied on as a reason for denying an application, or even more so if it is alleged attendant inadmissibility proceedings, there will be a PFL informing the individual of the allegation of misrepresentation, and an opportunity to respond to the allegation, whether the allegation is made during pre-PR procedures or it is made while a citizenship application is pending.

I am sorry if it all sounds absurd or "hogwash" to you or anyone else, but there have been cases where PRs were cancelled after the grant just because the applicants changed their address to receive their PR cards from Ontario to Quebec. All I mean is that the Charter doesn't guarantee that there won't be an investigation into one's case and may very well result in allegations of misrepresentation, which ultimately could lead to the denial of Citizenship and possibly the revocation of permanent residence. All I want for @waitin_4_csq is to play it safe and consult a professional instead of just relying on my or your interpretation of the situation or the Charter and put everything in jeopardy because some were too pessimistic while others too optimistic. When it comes to Quebec, nothing is clear regarding immigration. We can all draw our own conclusions and interpretations, but ultimately, IRCC will follow its procedure and its interpretation, which may or may not align with mine or yours.

Regarding the PFLs in PR applications, I also mentioned "mainly in the case of PR applications", meaning before the grant of the status. Please review the forum threads from September 2021 to January 2023 (the ones I previously followed) to see how many individuals were issued PFLs when applying for PR while living in Quebec (Example 1, Example 2, and even more within the monthly threads).

So, @waitin_4_csq, I would again recommend consulting an immigration lawyer, as you must have realized by now that there are different opinions and interpretations on this forum, none of which matter since we're not qualified to provide this advice. I speak only from my experiences, and some of these experiences diverge significantly from the common understanding and interpretation of things like the Charter. Once you're alleged of misrepresentation by IRCC, it might not be easy for you to prove it otherwise, and the process can be costly if an adverse decision falls in your hands and you decide to pursue that in court.

Goodluck!