Important Operational Bulletin posted for PNP on cic.gc.ca website on November 24, 2010
See the following link:
http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob251.asp
______________________________________________________________
Operational Bulletin 251 -
November 24, 2010
Examination of Members of the Provincial Nominee Class at Ports of Entry and CIC Inland Offices
Issue
This operational bulletin (OB) provides instructions regarding the examination of individuals in the Provincial Nominee (PN) class seeking permanent resident status who indicate that they never intended or no longer intend to reside in the nominating province or territory.This OB is being published in conjunction with a Canada Border Services Agency (CBSA) memorandum to Border Services Officers (BSOs).
Background
Paragraph 87(2)(b) of the Immigration and Refugee Protection Regulations (IRPR) states that a foreign national is a member of the PN class if they intend to reside in the province that has nominated them.
A permanent resident visa holder in the PN class seeking permanent resident status at a Port of Entry (POE) must therefore establish that they still intend to reside in the province/territory that has nominated them.
Overview of instructions to BSOs
Individuals who indicate that they intend to proceed to and reside in the province/territory of nomination, and who meet the other requirements of the legislation, should be processed for permanent resident status.
Individuals who indicate that they never intended, or no longer intend, to reside in the nominating province/territory may be denied permanent resident status at the POE and may have an A44(1) report written against them./
In the case of individuals who indicate at the POE that they no longer intend to reside in the nominating province/territory, the A44(1) report may be written for non-compliance with paragraph 87(2)(b) of the IRPR pursuant to section 41 of the Immigration and Refugee Protection Act (IRPA).
An additional allegation of misrepresentation, pursuant to paragraph 40(1)(a) of the IRPA for R87(2)(b), may be included in the A44(1) report for those individuals who indicate that they never intended to reside in the nominating province/territory, if supported by the information obtained through examination at the POE.
BSOs may also choose to exercise the following options if they are not satisfied with respect to an individual's intention to reside in the nominating province/territory:
•Offer the individual the option of voluntarily withdrawing their application for permanent residence. If this option is accepted by the applicant, the BSO should seize the Confirmation of Permanent Residence (CPR) document and inform the issuing visa office and the appropriate CIC inland office in the province/territory of nomination.
•If the applicant does not exercise the option to voluntarily withdraw their application for permanent residence, the BSO may adjourn the examination and, pursuant to section 23 of the IRPA, authorize the person to enter Canada for the purpose of further examination. As authorized under Item 102 of the CBSA Delegations and Designations [PDF format], the examination should be referred for finalization to the appropriate CIC inland office in the nominating province/territory. The BSO should seize the applicant's CPR document and forward it to the appropriate CIC inland office along with relevant case information (e.g., Statutory Declaration from the individual stating that they do not intend to reside in the province/territory of nomination, officer's interview notes). The CPR documents of accompanying family members should also be seized and forwarded to the appropriate CIC inland office.
Note: If the applicant states that a representative advised them that residence in the province/territory of nomination is not a requirement of the PN class, the BSO should inform the appropriate CIC inland office in the province/territory of nomination and record a non-computer based entry in FOSS with information concerning the representative.
Overview of instructions to CIC inland offices
In cases where a BSO adjourns the examination of individuals in the PN class to a CIC inland office for finalization, the CIC inland office should contact the responsible provincial/territorial authorities and provide relevant case information, including the name, date of birth and nomination certificate number of the principal applicant and their accompanying family members, if available. Timely notificiation of provincial/territorial authorities will afford them the opportunity to make contact with the applicant between the time of the POE referral and the CIC inland office examination, should they wish to do so.
Should the nominating province/territory elect to withdraw their nomination certificate before the CIC examination, the CIC inland office should inform the applicant that their application for permanent residence is refused, and an A44(1) report should be prepared alleging non-compliance pursuant to section 41 of the IRPA in that the applicant is not named in a nomination certificate issued by the government of a province/territory as required by paragraph 87(2)(a) of the IRPR.
If the nominating province/territory has maintained their nomination certificate and, upon examination, the CIC officer is satisfied with respect to the applicant's intent to reside in the nominating province/territory as required by paragraph 87(2)(b) of the IRPR, the applicant should be processed for permanent resident status.
Should the nominating province/territory maintain their nomination certificate and, upon examination, the CIC officer is not satisfied with respect to the applicant's intent to reside in the nominating province/territory as required by paragraph 87(2)(b) of the IRPR, the officer may choose to write an A44(1) report.
In the case of individuals who indicate upon examination at the CIC inland office that they no longer intend to reside in the nominating province/territory, the A44(1) report may be written for non-compliance with paragraph 87(2)(b) of the IRPR pursuant to section 41 of the IRPA.
An additional allegation of misrepresentation, pursuant to paragraph 40(1)(a) of the IRPA for R87(2)(b), may be included in the A44(1) report for those individuals who indicate that they never intended to reside in the nominating province/territory, if supported by the information obtained through examination at the CIC inland office.
Officers should communicate CIC's final decision in accordance with the terms of the applicable Federal-Provincial/Territorial Agreement with respect to Provincial Nominees.
For further information or questions regarding the guidance outlined in this OB, please contact your supervisor or your Regional Program Advisor (RPA). RPAs may in turn contact Operational Management and Coordination Branch.
