. . . I think I am in a situation that is similar to the 'misrepresentation' you mention in your answer. . . .I applied and got nomitated for PNP by a province I lived and schooled for nearly five years. For context, I am profoundly deaf. As such, finding employment does not come as easily for me as your ordinary joe. For eight months that I obtained the PNP I searched all over the province to obtain employment. For instance. . .
. . . after almost 8 months in this condition I competed in a job that was opened in another province . . . they selected me, paid for my relocation and moved me there. I hadn't gotten my PR then. And now the PNP province knows. I think IRCC also knows.
I do not have much to say that is likely to help you. Sorry. Appears to be a challenging situation.
Biggest factor, probably, or so I believe, is whether you are NOW a Permanent Resident, and if you are now a PR, when in relationship to when you became a PR did you take employment that is not consistent with the program. I address more below, with emphasis that I am not at all an expert, not close, in these matters. Which I repeat, for emphasis.
In particular . . .
I really am no expert, not close. And I have not followed the process for becoming a PR in many years. I am particularly not at all well acquainted with the PNP process.
I do follow misrepresentation cases against PRs and some naturalized citizens (prior to the Harper government, however, there were very few such cases), and tangentially other immigration connected misrepresentation cases. But the depth of what I understand about misrepresentation is not the stuff of expertise. It is more in the realm of what is realistic. A willingness to be open about it and address it directly, for what it is.
Mainly it is risky. But not all misrepresentation is created equal. Not all risks are created equal. This forum is rife with scores of participants who rather openly engage in misrepresentation about their residential address, cavalierly giving IRCC their address, the address of their "residence," which is not where they really live but an address they more or less believe they can "use" (typically where a close friend or family member lives). And suffer no negative consequences. Many here are quite emphatic this is "OK," or say "it will be fine." Often it is. Sometimes it is not.
How it goes, some will say, depends on luck. No. It depends on a lot of factors, all sorts of variables, all sorts of "if this . . . then that" contingencies. The details matter.
But here too not all details are created equal. There are many details which do not matter or matter very little. There are some details which loom large and have a big influence.
Which brings me to your situation. Your post relates many details. Some far more important than others in terms of what is relevant for immigration purposes. Which is where my lack of expertise really shows: I cannot sort out what is at stake for you, let alone evaluate the risks, and am no where near capable of forecasting how things could go.
I am not even sure what stage you are at.
I suggest getting help from a lawyer, but it appears that might not be within your means financially.
Big difference: are you still a "nominee" or are you now a Permanent Resident.
It is not clear to me whether you are now a PR, or if you are a provincial nominee currently and NOT YET a Permanent Resident. This makes a huge difference.
My impression is that you are a PR. And that you took the out-of-province job BEFORE you landed. That can be problematic.
If you are NOT yet a landed PR . . . If you are not landed, withdrawing from the program should not be difficult. And if you are no longer intending to follow through with what being in the program entails (again, this varies and I am not acquainted with these details), that seems the necessary way to go. Probably. Could depend on the particulars. I do not know enough to offer you much information about what to consider, what options there are.
If you are a landed PR . . . which it appears you are . . .
If you are currently a Permanent Resident . . . With some exceptions (again, I am not all that well acquainted with the particulars in the various nominee programs), once the nominee has landed, and is a Permanent Resident, they are no longer a provincial nominee. They are a PR. So, if you have already landed, there is no withdrawing from the program.
If you are a landed PR . . . What probably matters (or what matters most) is what your intentions were prior to and up to the day you "
landed" and became a PR. Without trying to sort out the details you explain,
if you had already taken a job that was out-of-province BEFORE the day you landed, that is likely strong evidence of misrepresentation. That increases the risk of inadmissibility proceedings for misrepresentation, which could lead to the loss of PR status and deportation. Whether IRCC pursues this is not something I can predict. Not close. Probably not much you could do now to change what they do, BUT if you can afford a lawyer, getting a lawyer would be a good idea.
We do not see a lot of these cases actually prosecuted; most of the misrepresentation cases are addressed before the person does their landing. But that does not mean they are not prosecuted. Taking the out-of-province job before landing is strong evidence of not intending to work in the province. Wish I had a better idea how this typically goes, but I don't know. I just don't know.
If you took that job
AFTER the day you landed, it is more complicated. But so far as I have seen, these situations generally do not result in any prosecution of misrepresentation
UNLESS the person was more or less blatantly intending to go to another province without trying to follow-through with the program, or there is strong, direct evidence the individual was planning to take the job in another province before they landed.
All of which is subject to the caution that there is a lot about how these programs work and about how the provinces and IRCC handle and enforce them that I DO NOT KNOW.
can I just say that I totally love your posts. I assume you work in the legal field. You rock!
Thank you.
To be clear, I am
NOT a Canadian lawyer, and while I have been living here for more than twenty years now, I have only been in a Canadian courthouse a very few times, never as a representative of anyone, almost all of them to be a spectator during one homicide trial in which my spouse was on the jury. That was interesting but more than a decade ago. Last time I met with a lawyer was when we did the closing on our house. Yep, nearly a decade and a half ago. And only one other time before that, to get help with my own immigration.
But beyond that . . . well, yeah, what's obvious need not be said out loud, especially if it might give the wrong impression. The correct impression is that
I am NO expert in Canadian immigration, no expert in Canadian law, even if I have made a considerable effort to be informed about a very small range of matters in regards to both.