Staying in the nominated province

[a_mabrouk10]

Dears,

Please advise, for how long I have to stay in the province that nominated me.

Thanks

 

[sivasagi]

As per rule, 2 years

 

[anarsoul]

As per rule, 2 years

There's no such requirement. Permanent residents are free to move wherever they want.

 

[thejkhan]

As long as you can. Otherwise it can affect your citizenship application. Don't take chances.

 

[amodmallya]

Why would you apply for nomination from a province you had no intention of residing in?

I wish people stopped abusing the system because before you know it, there will be more restrictions being placed on new immigrants. And it will be for no fault of their's.

I'd suggest you apply for a nomination from the province you actually intend to reside in and then apply.

 

[mf4361]

see my signature below

 

[Alexios07]

see my signature below

As long as you want. There is no restriction.
My colleague had Prince Edward Island nomination. But never stayed there. He landed in Toronto and lives in Vancouver.
Here is the law: Anyone gained PR by Provincial Nomination Program (PNP) may reside anywhere they want in Canada, not only the nominated province. Any restriction to residency is unconstitutional. Charter of Rights and Freedoms Sec. 6 (2)

This is true. However, we need to be careful, and best not to do that as you are using the said PNP as a back door to gain entry to Canada.

If the officers at the Port of Entry (PoE) have enough reasons to think you are not going to reside at the said province, they can report you to IRCC

IRCC is well aware of the situation and they have a specific article about this issue which according to my understanding, they can use the Immigration and Refugee Protection Regulations (IRPR) to override the Charter 6

http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob251.asp

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.

...

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 at the Port of Entry 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 officer will 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 officer may adjourn the examination and, pursuant to section 23 of the IRPA, authorize the person to enter Canada for the purpose of further examination, and the examination may be referred for finalization to the appropriate CIC inland office in the nominating province/territory. In this case, the officer will 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 will also be seized and forwarded to the appropriate CIC inland office.

That's why we've seen several members on this forum were asked to resubmit/reconfirm their intention to reside form.

More on this issue:

http://www.pacificimmigration.ca/en/pnp
http://immigration.ca/en/immigration-wiki2/43-canada-immigration/168-mobility-rights-of-canadian-permanent-residents-under-provincial-immigration-programs.html

 

[jes_ON]

As long as you want. There is no restriction.
My colleague had Prince Edward Island nomination. But never stayed there. He landed in Toronto and lives in Vancouver.
Here is the law: Anyone gained PR by Provincial Nomination Program (PNP) may reside anywhere they want in Canada, not only the nominated province. Any restriction to residency is unconstitutional. Charter of Rights and Freedoms Sec. 6 (2)

Yeah, that is not likely to happen any more. When you attempt to land, if the VO suspects you do not intend to reside in the province that nominated you, they can contact the provincial program, the nomination can be rescinded, and you can be refused at that time.

Also, you sign a statement of intention to reside in a province. If it can be proven that you never intended to reside there, that is misrepresentation, and if you obtain your PR status through misrepresentation, you could lose your PR status. Theoretically.

 

[RegularGuy]

I never understood the following situations in Canada-

If I pay anyone for sex, it's a crime. If I take them to dinner and pay for movie and later have sex, it's fine.

If I need vaccination coz my school requires me to be vaccinated, they are not covered under insurance, if I want the same for my own health, they are covered. WTF.

If someone says I will kill you with my humour, it's fine, if someone says I will kill you with my knife, it's an offense.

If you move out of province it's misrepresentation, if you say you tried but couldn't find a Job, it's okay. WTF

 

[Alexios07]

I never understood the following situations in Canada-

If I pay anyone for sex, it's a crime. If I take them to dinner and pay for movie and later have sex, it's fine.

If I need vaccination coz my school requires me to be vaccinated, they are not covered under insurance, if I want the same for my own health, they are covered. WTF.

If someone says I will kill you with my humour, it's fine, if someone says I will kill you with my knife, it's an offense.

If you move out of province it's misrepresentation, if you say you tried but couldn't find a Job, it's okay. WTF

Irrelevant examples.

Basically, you have to show IRCC that you will try your best to settle in the intended province, and after a reasonable period of time, you can move to other provinces, if it won't work out.

If you move to other provinces right away after receive the PR, IRCC can investigate and revoke your PR.

 

[mf4361]

http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob251.asp

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.

The above statement says it all. Restriction do apply when you are at the border doing landing process (remember you are not PR until landing is completed, and hence not protected under Charter of Human Right yet). CBSA people do have the authority to check if you are still trying to land in the province of interest. E.g. some form of rental agreement, job offer, hotel bookings, connection flights. And for them to accuse you of not intending to reside, they will need evidences like your connection with other provinces otherwise.

Once you are completed the process, the CBSA people stamps your passport, signs your CoPR paper, releases you off the border, you are officially Permanent Resident. Section 6 of Charter applies and you can move anywhere in Canada.

 

[a_mabrouk10]

Thanks for all the feedbacks.

I will definitely stay in the province for sometime, at least one year. But my question is do I have to stay there for longer period for example till I get the passport??

Thanks.

 

[karandeepwalia]

As far as I know once you are a PR you have right to Mobility and you can live anywhere in Canada. But some provinces demand nominated PR's to stay in their province for some amount of time For Ex. Manitoba

 

[mf4361]

Thanks for all the feedbacks.

I will definitely stay in the province for sometime, at least one year. But my question is do I have to stay there for longer period for example till I get the passport??

Thanks.

You don't have to stay for a minute after you are released from the border. But if that's what you want, you are encouraged to do so. It has no effect on PR obligation and citizenship

Any restriction to residence by nominating country is unconstitutional

 

[pfse]

You don't have to stay for a minute after you are released from the border. But if that's what you want, you are encouraged to do so. It has no effect on PR obligation and citizenship

Any restriction to residence by nominating country is unconstitutional

You have all rights to move to another province w/o staying a minute in the province of nomination. But if you do that, it means you misrepresented yourself by signing intent of residing in the province of nomination, which is crime. And don't say that you suddenly didn't like weather or so... People who plan such a big change in their lives (immigration) for sure knows what is the weather in the province of nomination is. I don't see any logic reason to leave the province w/o staying a minute.