Does PNP restrict future movement?

[myangelbei]

if you are the CIC officer, will you take " cannot find a job" as an excuse? they are cold hearted people and they will try their best to reject a case rather than then approve one.

 

[mf4361]

@myangelbei

wrong. Renewing PR card doesn't care what province you live, or even country. You can be absent from Canada for most part of the 5 years and still get it renewed. (The part it matters is getting Citizenship, requiring prove of 3 years in 5 years, IIRC)
Although if PR Card is expired before you return to Canada, you might be in trouble at entry.

The problem discussed here is when you got PR thru PNP immigration program, and land at a custom port outside of that province, you may be in trouble with CBSA officers. After CBSA lets you go pass the custom gates into Canadian soil, you can live in any provinces as stated in Canada Charter of Human Rights and Freedoms. (Conditions like "commitment to live" may apply, although I don't know how much legal force it has)

 

[kateg]

(Conditions like "commitment to live" may apply, although I don't know how much legal force it has)

It's not a commitment, nor a condition, it's an intent.

Example:

If you lie about your medical history to come to Canada, it's misrepresentation. If you get caught, they can yank your PR. If you get in a car accident the day after you get Permanent Residency, you're fine. You're required to be medically eligible to come, but not required to stay so.

To be eligible for the PNP, you have to intend to reside in the province that nominates you. If you never intended to, that's misrepresentation, and they can yank your PR. If your mother gets in a car accident the day after you get Permanent Residency (forcing you to move), that's fine. You're required to have the intent to be eligible to come, but not required to stay so.

It's not particularly hard. If you get a nomination, give it a good go. Spend some time, build some roots. Rent a place, apply for a job, do what you can to live there. If it doesn't work out, then you tried. If you're sitting there planning on not staying, then you've committed misrepresentation, which puts you at risk.

 

[kateg]

No, Kateg, you were right the first time. The Canadian Charter absolutely forbids any interference with the movement of PRs or citizens within Canada, including Quebec. The government may be trying to prevent fraud in Provincial Nominations, but it MUST detect it before or as the people land. Once they are officially PRs, there is nothing the government can do about where they live or work.

That is incorrect. Inadmissibility for misrepresentation (A40) can be applied even after landing. If you look at the case Baro v. Canada (Citizenship and Immigration), 2007 FC 1299 (CanLII) (for example), you will see that misrepresentation can be applied after landing. Specifically, under the Immigration and Refugee Protection Act, S.C. 2001, c. 27,

40. (1) A permanent resident or a foreign national is inadmissible for misrepresentation

(a) for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of this Act;

The government can and does revoke citizenship for misrepresentation. They can and do revoke permanent residence for misrepresentation. That misrepresentation can and does include intent to reside. Pragmatically, it's hard to prove you didn't intend to reside after the fact, but if you never took actions consistent with that intent, you can have your permanent residency revoked.

 

[specialmary]

I have applied for Ontario PNP. However, my question is if I got my PR, and did not quit my job in my current country after my PR, will it mean misrepresentation?

I worked in an occupation with few openings in Canada. Therefore, I usually need to move based on the location of my job. I was thinking of getting my PR, moving back to my country and working in my old job while applying for jobs in my field everywhere in Canada. I wonder if it will mean misrepresentation, because I did not quit my old job before moving to Canada, thus contradicting my intention to settle in Ontario. In addition, I know that in the Citizenship form, there are questions asking about your work history. I talked with a lawyer and she thought I thought too much, but any advice will be welcome.

 

[Asivad Anac]

I have applied for Ontario PNP. However, my question is if I got my PR, and did not quit my job in my current country after my PR, will it mean misrepresentation?

I worked in an occupation with few openings in Canada. Therefore, I usually need to move based on the location of my job. I was thinking of getting my PR, moving back to my country and working in my old job while applying for jobs in my field everywhere in Canada. I wonder if it will mean misrepresentation, because I did not quit my old job before moving to Canada, thus contradicting my intention to settle in Ontario. In addition, I know that in the Citizenship form, there are questions asking about your work history. I talked with a lawyer and she thought I thought too much, but any advice will be welcome.

Definitely overthinking here.

Get your PR, land in Ontario to activate your PR status, stay back in Ontario for a couple of months to get to know the place/build your network/get your PR card, move back to your home country and to your job, keep looking out for suitable opportunities and move when you feel like it even if it takes the next 2-3 years. You are legally required to be resident in Canada for just 2 out of the next 5 years (can be non-continuous) to hold your PR status. That's it.

 

[audrey888]

Definitely overthinking here.

Get your PR, land in Ontario to activate your PR status, stay back in Ontario for a couple of months to get to know the place/build your network/get your PR card, move back to your home country and to your job, keep looking out for suitable opportunities and move when you feel like it even if it takes the next 2-3 years. You are legally required to be resident in Canada for just 2 out of the next 5 years (can be non-continuous) to hold your PR status. That's it.

Very well said.
Just a quick question. If nominated by a province say Ontario and received PPR while currently living in AB but intend to settle in ON. Is it possible to get the visa stamped in AB and move to ON?
Does it work that way or the VO might refuse the application?

 

[workharder]

So if my company does not have a office in SASKATCHEWEN and i work based out from there with frequent travels to toronto.Is that ok?Thanks for the prompt reply for the earlier one

 

[kateg]

Just a quick question. If nominated by a province say Ontario and received PPR while currently living in AB but intend to settle in ON. Is it possible to get the visa stamped in AB and move to ON?
Does it work that way or the VO might refuse the application?

It's entirely possible, but you might get more questions. It would be best if you had some sort of indication you were intending to settle in Ontario when you cross the border. If they ask about your intent to settle, be honest, and be prepared to demonstrate honesty.

 

[specialmary]

Very well said.
Just a quick question. If nominated by a province say Ontario and received PPR while currently living in AB but intend to settle in ON. Is it possible to get the visa stamped in AB and move to ON?
Does it work that way or the VO might refuse the application?

I would just move to ON and get your visa stamped there, just to avoid any possible problems in your immigration process.