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Inquiring about employment options in Quebec while waiting for PR in express entry

EyeEye

Member
Feb 23, 2018
16
1
Hi all,

Is it OK to inquire about employment options or apply for studies in university in Quebec while processing of PR application through express entry? or can this lead to problems further down the road, when landing in Canada or otherwise?
 
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EyeEye

Member
Feb 23, 2018
16
1
Harris - are you serious? - what do you mean by 'famous' case? Did this applicant already start living and working/studying in Quebec? Or was he refused merely due to inquiring about options in there?
 

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,916
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Never never never do that! There is a very famous case like that and the applicant got refused
Please read the case carefully.

at para 15 : The Applicant believes that his application for permanent residence did not ask where he intends to reside, yet the print-out of his file from the Global Case Management System indicates that he selected his province of destination as Quebec and his city of destination as Montréal.

The leading case on this point is that of Dhaliwal, which has been cited in the above case. and is available here.

@EyeEye can enquire, and even apply for admission to any university in Quebec. However, taking a job there will change your intent to reside in QC, which then changes the entire scenario.

Further, there are two issues here.

1. When you apply as a FSW you can reside anywhere, except Quebec. The same goes for when you land. Even after your have the COPR, and if you tell the officer that QC is your destination Province when your application was a FSW, you can be denied an entry.

2. However, after you are admitted into Canada as a PR, you then have the mobility right as enshrined in the Constitution, which allow all citizens and PR to reside anywhere in the Country, including QC. Even if applied under FSW, and after being admitted, you moved to QC, that cannot be a ground to revoke your PR.

To read more on mobility rights, PNP obligations, see
https://www.getgcms.com/blog/understanding-provincial-nomination-pogram/
 

EyeEye

Member
Feb 23, 2018
16
1
@legalfalcon & @Harris thank you for your replies!
ֲֲ@legalfalcon, the distinction by intent alone is delicate. On what do you base the difference between applying for studies in Quebec and applying or taking a job there? The physical presence in Quebec?
 
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legalfalcon

VIP Member
Sep 21, 2015
19,048
9,916
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
@legalfalcon & @Harris thank you for your replies!
ֲֲ@legalfalcon, the distinction by intent alone is delicate. On what do you base the difference between applying for studies in Quebec and applying or taking a job there? The physical presence in Quebec?
When you file your application, that is where you clarify your intent. In the case of MATIAS SEBASTIAN MARANON, the applicant had expressly mentioned Montreal, QC as his intended city, where he would go and settle. However, in the Case of Dhaliwal, the applicant was a student at McGill when she applied, and mentioned Toronto as her intended city. You can read the cases to understand the details and the stark different. Also, MATIAS SEBASTIAN MARANON is an irrelevant case. The most landmark judgment on intent is Dhaliwal, which has been cited many times.

The bottom line is that IRCC will not go doing covert operations and asking universities where you have applied, and for that matter even jobs. So if you want to enquire or apply for studies or jobs in QC, you can, even when your application is in progress. However, if you are accepted, or given a position, and you Join before your landing, there may be issues. But, if you join after your land and become a PR, you can live anywhere, including QC.

Also let me add. When I applied for EE, I simultaneously applied for admission to different Universities including Quebec. I got an admission offer from McGill before my application was approved.

After my application was approved, I moved to Canada, became a PR and then moved to QC, stayed there for 2 years, finished my education, and then moved to ON. During the 2 years in QC, I had the Medical card (RAMQ), and also a QC drivers license. No questions asked and I produced mh CoPR everywhere, which clearly had Toronto as my city of landing.

Hope this clears all doubts. Also you can read the link which talks about mobility rights - https://www.getgcms.com/blog/understanding-provincial-nomination-pogram/

Don't get blinded by propaganda. You need to read the law and the cases, instead of just throwing them around.
 
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HarrisZhou

Star Member
Mar 19, 2018
169
36
Please listen to the expert's @legalfalcon advices. Sorry for the inaccurate info. I got this case from another website which introduces how to apply for express entry in Quebec.
 

feri92

Newbie
Feb 24, 2019
8
0
Hello, i have applied for pr through the express entry programme.

I got accepted by a university in montreal so i have to apply for my student visa.

Will this effect my pr application?
 

SithLord

VIP Member
Aug 18, 2017
6,873
5,135
Hello, i have applied for pr through the express entry programme.

I got accepted by a university in montreal so i have to apply for my student visa.

Will this effect my pr application?
Why would you apply for student visa when you have your PR application in process?

Your student visa will most likely be refused.
 

feri92

Newbie
Feb 24, 2019
8
0
Why would you apply for student visa when you have your PR application in process?

Your student visa will most likely be refused.
This is called dual intent visa. The processing of student visa and pr application is different.
 

SithLord

VIP Member
Aug 18, 2017
6,873
5,135
This is called dual intent visa. The processing of student visa and pr application is different.
Ofcourse the processing of student visa and PR application is different and I understand it is dual intent visa.

However, Student visa is a temporary resident status and you need to convince the case officer that you will leave Canada at the end of your study permit. Since you have a pending PR application in process it clearly shows that your intention is to stay in Canada permanently and because of this your study permit may be refused.

You will need to produce strong times to your home country and it will be at discretion of the officer whether or not to grant you a study permit.