If nominated from a province, is there any mandatory time that we HAVE to stay ?

[patnikrishna]

Just trying to understand if there is some compulsory amount of time say 2-3 years ( just assuming ) if we HAVE to stay in a province
if nominated
OR
can we just simply move to another province with some months / year ?

 

[Asivad Anac]

Already discussed multiple times on the forum - search for similar questions.

You only have an ethical/moral responsibility towards trying and settling down in the nominating province. You do have a legal responsibility of 'landing' in the nominating province. Once you are a PR, you are free to live and work anywhere in Canada.

 

[Stanlee]

Just trying to understand if there is some compulsory amount of time say 2-3 years ( just assuming ) if we HAVE to stay in a province
if nominated
OR
can we just simply move to another province with some months / year ?

Canadian Charter or the Constitution Act, 1982, provides permanent residents and Canadian citizens with the right to live and work in any province in Canada. Having said that, when a province takes the pain to nominate you (based on the requirement in that province), it is more of a moral obligation than a legal one to stay and work in the province for at least 2 years. On the other hand, if you can prove (which would be a tough one) that after repeated attempts you failed to land a job in that province, then you can move to a province of your choice. If it is established that from the beginning, that you had no intention at all to stay in the province, then you may end up in the hassles of losing your PR. What you state in the 'Statement of Intent to Reside in Toronto' may probably used against you in the worst case.This is my understanding, you may seek the advise of an immigration lawyer in this regard.

You can refer to this link for more details immigration.ca/en/immigration-wiki2/43-canada-immigration/168-mobility-rights-of-canadian-permanent-residents-under-provincial-immigration-programs.

 

[mf4361]

http://www.pch.gc.ca/eng/1356638440337/1356638551250
Link of the above Charter in primary source. All mentioned above is right.

Although for practical purposes, you have to have an address of the nominating province to have your PR card send to so you might as well live there for a little while. Some people leave the mailing address as their friends' home and have it sent to them when it arrives in the mail, and move on.

 

[FWSAPPLICANT]

Canadian Charter or the Constitution Act, 1982, provides permanent residents and Canadian citizens with the right to live and work in any province in Canada. Having said that, when a province takes the pain to nominate you (based on the requirement in that province), it is more of a moral obligation than a legal one to stay and work in the province for at least 2 years. On the other hand, if you can prove (which would be a tough one) that after repeated attempts you failed to land a job in that province, then you can move to a province of your choice. If it is established that from the beginning, that you had no intention at all to stay in the province, then you may end up in the hassles of losing your PR. What you state in the 'Statement of Intent to Reside in Toronto' may probably used against you in the worst case.This is my understanding, you may seek the advise of an immigration lawyer in this regard.

You can refer to this link for more details immigration.ca/en/immigration-wiki2/43-canada-immigration/168-mobility-rights-of-canadian-permanent-residents-under-provincial-immigration-programs.

Could you please provide any reference that it is a moral obligation to stay for 02 years.

 

[mf4361]

Could you please provide any reference that it is a moral obligation to stay for 02 years.

There isn't. 2 years is arbitrary.

But if you have a job that nominates you, then you quit straight after you get PR and move away, you looked like a jerk. You don't even necessarily need a proof of effort because you leave (unless CIC investigate you for frauds in applications). So if you do have effort of settling in the province, keep all the evidences.

Any "statement of intent to reside" to bound a person to live in a province after getting PR status is unconstitutional. But the actual effect is yet to be seen as there's no such case in court yet.

 

[patnikrishna]

sorry to post a duplicate question.
thanks everyone for answering.

 

[kvrforum]

sorry to post a duplicate question.
thanks everyone for answering.

Yes, CIC has every right to investigate you if you move right after getting PR card...
Because, the nomination is an agreement that you decide to live in that province.

Try to spend at least 6 months or longer in that province. Make every evidence that can prove you worked for the employer and lived in province so no one can tackle you on that.

 

[Asivad Anac]

Yes, CIC has every right to investigate you if you move right after getting PR card...
Because, the nomination is an agreement that you decide to live in that province.

Try to spend at least 6 months or longer in that province. Make every evidence that can prove you worked for the employer and lived in province so no one can tackle you on that.

Any source for this information?

 

[kvrforum]

Any source for this information?

Some of PNP applications say "you make an agreement to become a permanent resident of province by submitting this application."

If you break that contract, it can be regarded as a sort of fraud...

But, no one was publicly sued for that yet so I don't know......

 

[RamsayBolton]

Already discussed multiple times on the forum - search for similar questions.

You only have an ethical/moral responsibility towards trying and settling down in the nominating province. You do have a legal responsibility of 'landing' in the nominating province. Once you are a PR, you are free to live and work anywhere in Canada.

Asivad, do we need to hav an address in the nominated province, so they can send our pr to us while we are residing in other province?

 

[Asivad Anac]

Some of PNP applications say "you make an agreement to become a permanent resident of province by submitting this application."

If you break that contract, it can be regarded as a sort of fraud...

But, no one was publicly sued for that yet so I don't know......

Not true.

Any contract is eventually governed by the Constitution. And a contract 'forcing' someone to stay in a province is illegal as it goes against the spirit of freedom and mobility rights. Additionally, you don't sign a contract. You sign a statement of intent. That statement of intent is proven true when you 'land' in that province. Which is why it is critical for PN applicants to 'land' in their nominating province. You can be turned back if you try to 'land' elsewhere. Once you've landed, you are a Canadian PR who is free to live and work anywhere inside Canada.

 

[Asivad Anac]

Asivad, do we need to hav an address in the nominated province, so they can send our pr to us while we are residing in other province?

Recommend that you give an address in the same province when you land, don't take chances at immigration because you aren't a PR till they sign on your COPR and let you in the country. You can always change the address via CSE at a later date.

 

[mf4361]

Not true.

Any contract is eventually governed by the Constitution. And a contract 'forcing' someone to stay in a province is illegal as it goes against the spirit of freedom and mobility rights. Additionally, you don't sign a contract. You sign a statement of intent. That statement of intent is proven true when you 'land' in that province. Which is why it is critical for PN applicants to 'land' in their nominating province. You can be turned back if you try to 'land' elsewhere. Once you've landed, you are a Canadian PR who is free to live and work anywhere inside Canada.

This is accurate.

But the problem is since there is no case of a PNP applicant got PR stripped for settling outside of that province (note: settled, not landed), there's no case of it before the SCC, and hence the PNP office can say all they want until someone tries to challenge in court.

 

[RamsayBolton]

Not true.

Any contract is eventually governed by the Constitution. And a contract 'forcing' someone to stay in a province is illegal as it goes against the spirit of freedom and mobility rights. Additionally, you don't sign a contract. You sign a statement of intent. That statement of intent is proven true when you 'land' in that province. Which is why it is critical for PN applicants to 'land' in their nominating province. You can be turned back if you try to 'land' elsewhere. Once you've landed, you are a Canadian PR who is free to live and work anywhere inside Canada.

But do you know what factors they will assess when we apply to extend the PR status? what I'm afraid is that our pr status might not be extended if ircc based their decision on the fact that we do not make any attempt to move into the nominated province.