Your promise and the PNP expectations
When immigrating under a
PNP program, you need to consider the following:
- Provincial authorities expect you to reside in their province and contribute to their economy.
- You sometimes sign a Performance Agreement letter. Thus, you promise the province you intend to reside there and fulfill certain obligations. Of course, the name of the letter could be different in different provinces.
- Sometimes, you must post a Good Faith Deposit. Of course, the deposit is a significant amount that you lose if you leave the province without fulfilling certain promises to them.
As you can see, one can conclude that there is no way out of the province. However, keep reading to get the whole picture.
Protection under the Constitution Act
Under subsection 6(2) of the Constitution Act, 1982,
Every
citizen of Canada and every person who has the status of a
permanent resident of Canada has the right
(a) to move to and take up residence in any province; and
(b) to pursue the gaining of a livelihood in any province.
By reading this section, you will realize that you may live and work anywhere in Canada as soon as you become a
permanent resident of Canada. Of course, there is no law above the Constitution Act. In other words, no Canadian province may pass a law to prevent its residents from leaving the province. Can we then conclude you may move out of the province despite a
PNP immigration? Keep reading!
Misrepresentation allegations
If you apply under
PNP, but you intend to move out of the province, you are committing misrepresentation. Of course, if you are not familiar with the concept, read the following article:
Not every
PNP immigrant who moves out of the province is misrepresenting. Sometimes, there are legitimate reasons for the decision. For example, you can’t secure a job in the province, and you have no choice but to move out to make a living. However, if the province suspects you have misrepresented, they could ask
IRCC to
revoke your permanent resident status. However, the burden of proof is on
IRCC to show you actually misrepresented.