Revoke PNP PR status - Move out nomination province [!!]

[ragluf]

The problem may rise when assume person moved out from nominated him/her province and his/her PR card expired and needs to renew then they may know it that person left nominated him/her province .. is that right

If I may. In practical sense, this possibility you described is remote (revocation of PR status due to moving out of the nominating province, seen during renewal of PR status). During the years between gaining PR status and up to expiry of PR - the PR is under protection of the Charter of Rights. Also the PR may have settled and resettled in other provinces and may have moved several times. No more determination of intent nor examination of intent to reside will be done here; unless rules change in the coming years for PR renewal.

There are two things of note in this discussion thread:
1. Before "Landing" - at this time, the nominee has not transitioned to PR status; thus there are still possibilities that the nominating province may withdraw the nomination, if it has been determined that the nominee is not eligible anymore under the rules of the PNP program. This includes the examination of "intent to reside". If the nominee is found to be ineligible, or has violated/contravened the rules of the immigration program (i.e. no intent to reside in the province , among other things such as fraud/misrepresentation), then - either the nominating province withdraws the nomination or the nominee is denied completion of "Landing" at the PoE or denied issuance of the CoPR/visa. In either cases, there will be no transition to PR status for the nominee. You can see that some provinces may have "QA" programs that ask proof/status of the sponsor/nominee before CIC issues a visa/CoPR - this is presumed to be additional to the examination of eligibility.

2. After "Landing" - at this time, the nominee has transitioned into PR status. This means that the examination of the eligibility (including the "intent to reside") has been completed and satisfied, and the PR (by virtue of the change in status) has fallen under the protection of the Charter of Rights and Freedoms. Whereas the nominating province may monitor the new immigrants (under PNP) - there are sufficient protections that make it very very hard (I'd say IMHO nearly impossible) for the possibility of revoking the PR status just on the basis that the PR has moved to a different province.

This is not to say this protection will be there over time. Regulations have changed (i.e. see the Citizenship rules...) as well as additional powers can/may be granted to the Immigration Minister to effect revocation of the PR for this reason (moving out of the nominating province), or a new bill introduced to amend the Charter. For now, the last two has not happened yet and is only subject of speculation. However, bear in mind that PNP programs do collect information on new immigrants/settlers (i.e. the surveys a few years/months after landing) - for what purpose we do not know now, but if there is higher data showing PRs move immediately/within a short time out of the nominating province after landing and that is found to be a negative, then we may expect new regulations or changes tightening these programs.

.../atb

 

[ska5]

Hey,

Just another thing I wanted to add here regarding the ongoing discussion whether it's allowed to move between provinces after you've gained the PR status via PNP program.

There was an article in the Economist just a few issues ago touching the topics of immigration and the provincial nomination program in Canada was also mentioned. Although there were no sources or references mentioned, I'd like to think they did a little bit of homework.

Couldn't post the articles themselves as the forum doesn't allow me to post links (you can find them in the Economist of Feb 7th 2015), I'll bring out the paragraphs I wanted to emphasize:

America’s borders are a federal responsibility, but there is a case for delegating some powers. In Canada and Australia provinces and states can nominate immigrants for visas directly. If sparsely populated South Australia wants young workers or oil-rich Alberta wants geologists, they can sponsor immigrants to move there. The central government sets quotas; the regions decide how to apportion them. In Canada such immigrants are free to move around once they have earned permanent residency, but since the provinces tend to pick migrants whose skills match local demand, most stay put.

Under both systems, most migrants ultimately get permanent residency and, with it, the right to work anywhere. But states and provinces try to nominate those who are likely to stay. Visas are typically limited to people who have specialist skills or else have already lived in a place on a temporary work visa (which Canada and Australia both issue plenty of). This tends to work: in 2008, around 70% of workers who had arrived under the Canadian scheme in the previous five years were still living in the province they arrived in.

The last paragraph, if this data is correct, goes to show that 30% of the workers who gained permanent residency through the PNP program in 2008 have moved away from the initial province by now. That's quite a large number and if that would be a problem, I'm sure we would have heard more about cases regarding revoking the status.

 

[LRC206]

I was just going through the discussion and thinking, as CIC is taking too much time in processing cases of PNP.
God knows what will be the situation for an applicant if lands after such a long time.
I mean either employer suits the applicant or many issues like that.
So if an applicant finds another good option in another province, he can surely move I suppose. If someone is not cheating or is representing then on human grounds he can move anywhere I believe.

 

[Konan1982]

I don't know where that `moving thing` came from but it limits PR holder to certain (nominated him/her) province..
What if person found better paying job, what if person wants to study in another province ..it must be Free Right of choice..

 

[ragluf]

I don't know where that `moving thing` came from but it limits PR holder to certain (nominated him/her) province..
What if person found better paying job, what if person wants to study in another province ..it must be Free Right of choice..

Let's be careful on the use of terms here - this is where some of the confusion stems from.

IMHO: Simplified descriptions (for the purposes of this discussion):

1. nominee, applicant, temporary resident = non-PR

The PR application is still under process - thus the nomination can still be revoked/invalidated and the is not anymore eligible or has violated the rules of the PNP program under which he/she was nominated under. If this happens, then there is no basis (no valid nomination) for the PR application, and application will likely be refused. In some PNP programs, re-examination of the "intent to reside" is one of the rules/requirements of the PNP program - so if the non-PR has moved to a different province, and this runs contrary to the requirements of the PNP for which the non-PR was nominated under, then the nomination may be withdrawn.

2. PR/PR holder = already "landed" in Canada

Currently, PRs/PR holders are under the protection of the Charter of Rights and Freedoms, and allows the PR to move, seek livelihood, settle anywhere in Canada.

You are not a PR/PR holder if you have not completed your "landing". Mere possession of a CoPR and an immigrant visa DOES NOT make you a PR if you have NOT landed. It is at landing when the transition to PR status is activated. This grant of permanent residency cannot be currently revoked/withdrawn by the reason that the PR/PR holder moved to a different province after landing.

.../atb

 

[ttrajan]

So what is the conclusion? We can move or not? Now most of the engineers in Alberta are laid off due to slump in oil price. After one year I became PR, AINP sent me a questioner to fill up online and said they will send one more next year also?

 

[Konan1982]

So what is the conclusion? We can move or not? Now most of the engineers in Alberta are laid off due to slump in oil price. After one year I became PR, AINP sent me a questioner to fill up online and said they will send one more next year also?

Conclusion is, before landing you can't move , after landing and getting actual PR card you can move..

 

[ragluf]

Conclusion is, before landing you can't move , after landing and getting actual PR card you can move..

Exactly.

 

[Konan1982]

Anyone can oppose?

If not..topic is closed I would like to pin point it that no restrictions on movement after landing..

 

[Need Canadian Pr]

I don't have much knowladge but I asked one white lawyer
He said no problem after PR to move any providence

 

[December2013]

You might want to call the SINP program integrity unit and ask how many times they've worked with CIC to revoke the PR status of a provincial nominee who misrepresented by applying with the express intent of settling in Saskatchewan. If you were nominated in SK and don't land in SK you have misrepresented on your application for PR which contravenes the regulations of the Immigration Refugee Protection Act. The province revokes the nomination, then works with CIC to revoke PR on the basis of misrepresentation. If you get caught, you're vulnerable. You can call them directly, they'll tell you the same thing.

 

[kelbc]

You might want to call the SINP program integrity unit and ask how many times they've worked with CIC to revoke the PR status of a provincial nominee who misrepresented by applying with the express intent of settling in Saskatchewan. If you were nominated in SK and don't land in SK you have misrepresented on your application for PR which contravenes the regulations of the Immigration Refugee Protection Act. The province revokes the nomination, then works with CIC to revoke PR on the basis of misrepresentation. If you get caught, you're vulnerable. You can call them directly, they'll tell you the same thing.

I am sorry but what you are saying is complete garbage considering a new immigrant lands at first port of entry! Someone with a connection flight to SK through Toronto would land in Ontario. They could take a vacation in Toronto if they like. Or do a road trip. Etc.

If they decided to enforce, they would start an investigation and ask you to provide your defense after collecting evidence on their case. No one just revokes your PR.

Furthermore, provide us one case where PR has been revoked due to them moving elsewhere.. It is unheard of. One day they might start enforcing it in certain ways but obviously not retro-actively.

If you call and ask obviously they will say the same thing, they would contradict their own guidelines otherwise.

 

[Need Canadian Pr]

yes i agree he is taking wrong
it is simple you got pr from PNP fine
you want to move province go for it
if they ask tell them why you moved
if you have good job other province why not

i personally think rather than taking unemployment benefit from Canada government if i have good job i should move

 

[December2013]

By land I mean 'land' as defined by IRPA - settle as a permanent resident. You may wish to inquire.

 

[Konan1982]

Landing should be in nomination given province so that everything is clear and smooth..then landed immigrant can move around..