Applied for Provincial Nominee and moved to another province

[aghanghro]

Hello,

I studied as an international student in Ontario for year, and worked for 1.5 years in Ontario immediately after graduation.
I applied Ontario's Provincial Nominee Program (newly introduced Pilot Masters Stream) and got their nomination within a month.
I applied to the Federal Govt - CIC Buffalo in late October 2010. I was doing contract gigs and was unable to find anything worthwhile so I took up a full time indeterminate position in British Columbia in December 2010, the sort of position I had been looking for since graduation.

I am four months into the immigration process with CIC. Should I inform them of this change and have my application withdrawn?
I think I do qualify for BC Provincial Nominee Program, butI am uncomfortable with the idea of being tied down in one province. (if I have understood it correctly, maybe I have not).

Could anyone provide some useful advice? Is this a problem at all?.
If I do not tell them now, will it create problems when I apply for a PR renewal or Citizenship??

Thanks!

 

[aghanghro]

I also read this online:



The right to legislate in the field of immigration in Canada is shared equally between the Federal government and the provinces. Since the Quebec government acquired exclusive rights to establish its own policies and programs in 1981, all of the provinces have since implemented their own immigration programs to select immigrants. In 2007, Ontario was the last province to conclude an immigration agreement with the federal government for the selection of newcomers intending to settle in that province.

But what is the implication when a province issues an approval for a newcomer to relocate to its province and what are the obligations of an applicant to actually settle in that province?

Increasing numbers of applicants are applying for admission to Canada under a provincial program as the current federal skilled worker program has very limited scope for the vast majority of individuals seeking entry to Canada.

A starting point for discussion is section 6 of the Canadian Charter of Rights and Freedoms. Commonly known as the Canadian Charter or the Constitution Act, 1982, it is a series of legislative enactments dating back to the birth of Canada in 1867 that provides Canadians with basic rights in relations with government at all levels and binds all provincial legislative assemblies in Canada including the federal legislature, the Parliament of Canada. Section 6 provides permanent residents and Canadian citizens with the right to live and work in any province in Canada.

Section 6 reads:

Every citizen of Canada has the right to enter, remain in and leave Canada.
Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
to move to and take up residence in any province; and
to pursue the gaining of a livelihood in any province.
In immigration matters, the implications of section 6 and mobility rights under the Charter is so significant that when a province selects an individual, the relationship becomes one that can be compared at best, to a “contract” with very limited scope and with ample legal rights in favour of the applicant.

Once the province in question selects the applicant, the federal department of Citizenship and Immigration will oversee admissibility issues, including health, security and (the truthfulness of an applicant’s statements).

But after receiving a permanent residence visa and appearing at a port of entry for admission to Canada, once admitted, there is nothing that can come in between an applicant’s mobility rights to live and work anywhere in Canada. The provinces who seek to attract newcomers under their provincial immigration programs are left to create their own enhancements that will attract and more importantly, retain immigrants.



apparently, the word 'intend to live in a province that nominated you' is open to interpretation.

 

[JGK]

I would contact them.

If they find out you have applied through the provincial nominee category but no longer live (or intend to live) in the province that nominated you they may refuse your PR application.

Alternatively, would you get a BC provincial nomination if you applied? contact them, if you qualify and are accepted you could request that the BC nomination replaces the ontario one.