Obligations/Legal Bindings for PNP Nominated Canididate to stay in the province?

[Anwarrana]

Dear All,

I have a question maybe an expert can advise or help, As I truly belive one should stay in the province that has nominated him, but is it legally binding to do so or a person can settle in another province after landing.

Since the landing option is open to land anywhere in Canada Except Quebec. SO a Saskatchewan nominee may end up landing and staying in Toronto?

What are the complications if someone does that, is there any law to control that?


Anyone in Canada who have done this may able to answer? or someone as a legal consultant may advise.

Someone told me there is not legal binding as per Canadian LaW one is free to live where he desires. But then again it turns down the whole Idea of PNP nominations if people are not going to stay in the nominated provinces.

Thanks & Regards,

AR

 

[anmolbhullar]

Dear All,

I have a question maybe an expert can advise or help, As I truly belive one should stay in the province that has nominated him, but is it legally binding to do so or a person can settle in another province after landing.

Since the landing option is open to land anywhere in Canada Except Quebec. SO a Saskatchewan nominee may end up landing and staying in Toronto?

What are the complications if someone does that, is there any law to control that?


Anyone in Canada who have done this may able to answer? or someone as a legal consultant may advise.

Someone told me there is not legal binding as per Canadian LaW one is free to live where he desires. But then again it turns down the whole Idea of PNP nominations if people are not going to stay in the nominated provinces.

Thanks & Regards,

AR

when you applied for PNP you have signed a legal document (PNP application) saying that you will live in that province. Now lots of people move out as soon as they get PR and none of them get into trouble because none of the provinces use their resources to track people. They can, but I haven't heard of a case yet. the answer to your other question about landing at a different border. it depends on case by case basis. say if you are nominated by Alberta and land in Toronto, it might raise some red flags to the CBSA officer. he might ask you why you chose to land in Toronto. If you can satisfy him that you intend to live in Alberta that will be good enough. For example if you are visiting a friend and show him your flight back to Alberta, or a recent pay stub from your Alberta employer, a Alberta ID, etc etc then it shouldn't be a problem. They also ask you for your mailing address for PR card and if you give him a Toronto address that might create issues for you. as i have said before you will need to satisfy him that you intend to live in Alberta. They have the full authority to refuse your PR at the border under misrepresentation, saying that you lied to them and the province that nominated you.

 

[arcticbeans]

Most of the PNP offices state that after you land you have to register with their Office of Immigration/Settlement and give your address in the province, attend meetings and support groups with them to help you find a job and keep them updated on how you are settling in.

It would be extremely easy for a province to track a person if they wanted to, and when you accept your PNP nomination you agree that it is your intention to settle in that province. If you have not tried your absolute best to settle there before you move to another province then they could revoke your PR as it is misrepresentation on your immigration forms.

Also remember that the immigration officers and border guards see new immigrants day in, day out, year after year. It is part of their job to spot discrepancies and to work out whether they believe you intend to settle in your nominating province. They are experts at spotting when anything is wrong and they will have seen every trick in the book, like a teacher listening to yet another no homework excuse. If they aren't convinced they are within their rights to refuse your landing and refuse to activate your PR, and I do know of people this has happened to.

You can "land" anywhere in Canada, but that is not the same thing as settling. Some provinces don't have direct international flights to them, and as you have to do your landing process at your point of entry to Canada, that may be in a different province to your nominating province. If that is the case, the immigration officers who do your landing interview will be expecting to see a booked connecting flight going to your nominating province, an address or hotel booked in your province for you to stay at until you find more permanent accommodation and they may ask for other proof too. Again, it is easy for the to check if you have booked onwards flights or not, so if you haven't be prepared to have a very good reason for it.

At the end of the day, if you have moved to your province, been there several months, really tried to settle but for whatever reason aren't happy, or have had the job offer of a lifetime from another province then speak to your nominating province and let them know that you have tried to settle but haven't succeeded. If you have genuinely tried your best to make a life for yourself in that province and just haven't managed it, I cant see them having a problem with you moving. I think the issue is those who use PNP as a springboard to live wherever they like in Canada without even giving their nominating province a shot.

 

[Anwarrana]

Gentlemen,

That is wonderful details you have provided and very helpful. I had the same thing in my mind.

My intention is purely to live in the nominating province, however I have family that I will be seeing in Toronto after 6 years, where I plan to stay the holiday season or say 4-6 weeks maximum before I will travel alone to the province to find accomodation and settle there and then invite my spouse there.

I have been in touch with local universities, settlement officers, employment officers as of now.

Only conncern is I dont plan to prebook flights at landing time, I will take from Toronoto when I feel Iam ready in few weeks time.


I hope it works and I can explain to the border service clearly the plan, however I dont know if I shall print my communication and emails with the concerned departments, consultants and universities as some proof?


Thanks,