Stay after PNP is mandatory????
- Thread starter Lolo12
- Start date
kateg
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- Aug 26, 2014
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- 01-05-2015
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- AOR Received.
- 01-05-2015
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- 16-04-2015
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- 27-08-2015
You are required to be honest, and as part of the PNP to declare an intent to reside. In other words, if they can prove that you intended to live elsewhere, than it would be grounds for revoking Permanent Residence.
Once one has landed, the Charter guarantees freedom of movement and employment. You are not stuck. You should, however, make a good honest attempt at succeeding in the province that nominated you. They only have a few nominations to give, and if you leave, you took one from someone who would have stayed and improved the province. That may have been a student, it may have been a great employee unable to get a work permit.
PNPs are an offer made in good faith, and they deserve your honest effort in compliance.
Once one has landed, the Charter guarantees freedom of movement and employment. You are not stuck. You should, however, make a good honest attempt at succeeding in the province that nominated you. They only have a few nominations to give, and if you leave, you took one from someone who would have stayed and improved the province. That may have been a student, it may have been a great employee unable to get a work permit.
PNPs are an offer made in good faith, and they deserve your honest effort in compliance.
There are 2 schools of thought on this:
1. It doesn't matter since PRs have a constitutional right to live anywhere they want in Canada.
2. It depends and it may be an issue one day. PNP has conditions including an intent to settle in the nominating Province. Intent can be viewed differently. If you get Province A PNP PR on Jan 1 then move to Province B on the same day or the day after have you made an effort to integrate/settle in the nominating Province?
3. The one area problems appear is when you apply for citizenship and are required to meet all conditions of PR grant. This was put in place primarily to deal with Investor/ Business class immigrants who had conditions imposed on visa issuance e.g employ x number of PRs. CIC neglected following up these PRs so you had PRs who never met their landing conditions applying and being granted citizenship. No one knows if this will ever happen for PNPs since the clauses are vague and don't make specific reference to PR acquired under specific streams. Its unlikely given that the Investor class wasn't a mobility issue so not a charter challenge whereas PNP condition to settle has on the face of it a charter issue. CIC pick their battles so 1 above does hold more sway. Further Canada has a new Political Party in power that is 'softer' on immigration so it may not be an issue.
4. If I was a PNP PR I would make an effort to settle in my nominating Province and if that didn't work out then I would move on. In my opinion such an effort takes some time. How much time this is can be open to additional debate though I'd suggest the 183 days tax residency threshold as a good baseline (especially since its in the SCCA).
1. It doesn't matter since PRs have a constitutional right to live anywhere they want in Canada.
2. It depends and it may be an issue one day. PNP has conditions including an intent to settle in the nominating Province. Intent can be viewed differently. If you get Province A PNP PR on Jan 1 then move to Province B on the same day or the day after have you made an effort to integrate/settle in the nominating Province?
3. The one area problems appear is when you apply for citizenship and are required to meet all conditions of PR grant. This was put in place primarily to deal with Investor/ Business class immigrants who had conditions imposed on visa issuance e.g employ x number of PRs. CIC neglected following up these PRs so you had PRs who never met their landing conditions applying and being granted citizenship. No one knows if this will ever happen for PNPs since the clauses are vague and don't make specific reference to PR acquired under specific streams. Its unlikely given that the Investor class wasn't a mobility issue so not a charter challenge whereas PNP condition to settle has on the face of it a charter issue. CIC pick their battles so 1 above does hold more sway. Further Canada has a new Political Party in power that is 'softer' on immigration so it may not be an issue.
4. If I was a PNP PR I would make an effort to settle in my nominating Province and if that didn't work out then I would move on. In my opinion such an effort takes some time. How much time this is can be open to additional debate though I'd suggest the 183 days tax residency threshold as a good baseline (especially since its in the SCCA).
kateg
Hero Member
- Aug 26, 2014
- 87
- 123
- Category........
- Visa Office......
- CPC-O
- NOC Code......
- 2174
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- 01-05-2015
- Nomination.....
- N/A
- AOR Received.
- 01-05-2015
- IELTS Request
- 05-05-2015
- File Transfer...
- N/A
- Med's Request
- N/A
- Med's Done....
- 16-04-2015
- Interview........
- N/A
- VISA ISSUED...
- N/A
- LANDED..........
- 27-08-2015
They do track what happens to PNP nominees using taxes:Lolo12 said:
http://www.cic.gc.ca/english/resources/research/interprov-mobility/section4.asp
Should they wish to do a crackdown, they can. Most of the time, they look at landing:
http://meurrensonimmigration.com/pnp-participants-denied-entry-at-the-border/
They can refuse people their landing if they are certain that that they are not going to their PNP province as in the above case and some people even admit it. However, mostly they just send people to their PNP to clear things there without actually invalidating their visa's. You can find the bulletin on this here: http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob251.asp
I have never heard about immigration going after a PR who moved away from his PNP province, even those who moved very soon after landing but that doesn't mean they won't do it in the future. I would not recommend any PNP nominee to move out of the province right after his landing. If immigration contacts you in a year or two and asks you where you are living and reminds you that you signed a document of intent to settle in your PNP province, what will you say? If they accuse you of misrepresentation based on that you did not intend to settle in your PNP province at the time of your landing, proven by the fact that you only stayed for a couple of days, you will have a hard time defending yourself.
Therefore, I always advise PNP nominees to stay in their PNP province at least long enough to make an effort. I agree with Msafiri that 183 days is a good idea. It's based on tax residency and will also help you properly qualify for health care in your PNP province so if you use it and then leave, you will not end up with back charges and fraud accusations against you and your PNP province health care will cover you during the waiting time in your new province.
Your PNP province is giving you a chance by nominating you so you should in return give them a chance by seeing if you can make a go of it there. It may surprise you and you may find a job there and not want to leave but if you still want to leave after giving it a try, then you can.
I have never heard about immigration going after a PR who moved away from his PNP province, even those who moved very soon after landing but that doesn't mean they won't do it in the future. I would not recommend any PNP nominee to move out of the province right after his landing. If immigration contacts you in a year or two and asks you where you are living and reminds you that you signed a document of intent to settle in your PNP province, what will you say? If they accuse you of misrepresentation based on that you did not intend to settle in your PNP province at the time of your landing, proven by the fact that you only stayed for a couple of days, you will have a hard time defending yourself.
Therefore, I always advise PNP nominees to stay in their PNP province at least long enough to make an effort. I agree with Msafiri that 183 days is a good idea. It's based on tax residency and will also help you properly qualify for health care in your PNP province so if you use it and then leave, you will not end up with back charges and fraud accusations against you and your PNP province health care will cover you during the waiting time in your new province.
Your PNP province is giving you a chance by nominating you so you should in return give them a chance by seeing if you can make a go of it there. It may surprise you and you may find a job there and not want to leave but if you still want to leave after giving it a try, then you can.
Being an ex-PNP from BC I always felt that the PNP is a real special program and therefore I would love to see people realize what it's for.
The Province is in 'need' of those nominees that's why they're nominated in the first place. So to me it's kinda ignorant to apply for such a program to only get a visa / status and then don't care no more.
It's a chance for a new start - take it or leave it. But don't take something away from someone who would appreciate the chance of living in the Province a nominee left just because.
That's how I feel.
The Province is in 'need' of those nominees that's why they're nominated in the first place. So to me it's kinda ignorant to apply for such a program to only get a visa / status and then don't care no more.
It's a chance for a new start - take it or leave it. But don't take something away from someone who would appreciate the chance of living in the Province a nominee left just because.
That's how I feel.
To me, this looks like one of those things that make Canada a great country. Provinces are helping people who want to come to Canada by nominating them and giving them a chance. And we need to help them in return, by contributing to their economy.
Life is not always about adhering only to laws & rules and not doing anything more. Of course, it is important for us to know that there is no law that makes us bound to those provinces that nominated us, but at the same time it isn't moral to exploit their goodwill and attempt to move immediately. 600 points is not easy to get. And please do not forget it after getting a PNP PR.
If you want the flexibility to choose any province, please don't apply for PNPs, but rather use CEC or any other way to get qualified in EE.
Life is not always about adhering only to laws & rules and not doing anything more. Of course, it is important for us to know that there is no law that makes us bound to those provinces that nominated us, but at the same time it isn't moral to exploit their goodwill and attempt to move immediately. 600 points is not easy to get. And please do not forget it after getting a PNP PR.
If you want the flexibility to choose any province, please don't apply for PNPs, but rather use CEC or any other way to get qualified in EE.