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Can a Manitoba PNP PR move and settle in another province?

Discussion in 'Permanent Residency Obligations' started by dps86, Jan 19, 2016.

  1. I just need some kind of advice should I informed to the MPNP office that person didn't have any intention to stay in Manitoba she move so quickly to another province than do you think it would be enough information to revoke their PR card.
     
  2. I am NOT at all familiar with the Manitoba PNP program. Thus, for example, I do not know what a sponsor's obligations are.

    Your obligations should be fairly clearly spelled out in the instructions and other information you have followed in your participation. As I oft say, "if in doubt, follow the instructions; otherwise, yep, follow the instructions."

    Thus, if the instructions or other information state the sponsor should communicate with MPNP or IRCC in specified circumstances, or otherwise notify MPNP or IRCC if certain events occur, do as instructed.

    Other than specified obligations a sponsor has, pursuant to the particular program, you should have no obligation to contact or communicate to MPNP or IRCC about the sponsored PR . . . UNLESS you have concrete reasons to believe someone has engaged in immigration fraud. If you suspect immigration fraud you have a general civic duty to report this to the appropriate authority. Again, I am not familiar with the Manitoba program so I do not know if there is a specific tip line or other dedicated way to give this information to the program; at the least, there is an IRCC tip line where information about suspected fraud can be submitted.

    Generally the impact on a PR is NOT anyone else's concern, not even a sponsor's concern (thus, for example, the Canadian who has sponsored a spouse under the family class has NO legal interest in how IRCC handles the sponsored PR even if that spouse leaves the sponsor soon after becoming a PR and the sponsor is still on the hook to support the sponsored PR for years to come . . . all the sponsor can do is provide truthful information to IRCC and it is entirely up to IRCC to decide whether to take any action and if so what kind of action). But I do not know if the Manitoba PNP program has some aspects which might make a sponsor something of a party (someone with a legal interest) to further proceedings involving the sponsored PR.

    That is, generally whether or not IRCC will proceed to revoke the individual's PR is NOT your business, not your concern. UNLESS there is some particular aspect of the Manitoba program otherwise.

    There may also be circumstances in which the sponsor has discretion to contact the PNP program or IRCC about the sponsored PR, but the sponsor is not specifically obligated to do so. In this regard I would again suggest reviewing the information and instructions for sponsors.

    In any event, if you have reason to believe an immigration fraud has been committed, that is something you should be communicating to the proper authorities.

    If you submit a report, STICK TO THE FACTS. Minimize speculation or even inferences. Just the facts.
     
  3. You are a permanent resident of Canada, not of Manitoba. Permanent Residents of Canada mobility rights is entrenched into the Section 3 of the Canadian Charter of rights and freedoms, which is the constitution. If your PR is revoked because you have moved to another province, it means that your constitutional rights were hurt and you should take it to the court.
     
  4. If you read the previous discussions, including observations posted by the participant who personally knows multiple individuals who lost PR status after moving to another province, you should clearly see that Charter mobility rights are NOT implicated.

    The move to another province is NOT grounds to revoke status. And it is very unlikely this happens.

    But a move to another province, particularly a move rather soon, can TRIGGER an inquiry into whether the sponsored PR status was obtained by fraud . . . involving a misrepresentation by the PR himself or herself, or by someone involved in process like a personal sponsor or an employer providing information.

    Technically a misrepresentation as to intention may be the misrepresentation which supports a decision to revoke PR status, and a move to another province soon after landing might be considered evidence indicating there was a lack of the represented intent to settle in the province. My sense is this is NOT a usual case. My sense is that IRCC will ordinarily focus on cases in which particular false facts can be identified (such as an employer's letter containing untruthful information, which appears to be one of the more common types of fraud, where a former employer affirms the PR-applicant has employment experience the individual did not really have . . . oft times this is about the position and duties of that position, in order to meet experience requirements). However, if IRCC is provided direct evidence of the individual actually making arrangements to take employment or otherwise planning a move to another province prior to the date the PR lands, that would probably be sufficient for IRCC to follow through in revoking the PR's status.

    All of which is to say that just because there is an optical link between the move to another province and subsequent revocation of status action by IRCC, the revocation action itself is predicated on fraud NOT on the subsequent move to another province. No charter mobility rights implicated.
     
    JohnRich30, jddd and Wpgkam like this.
  5. Viewing at this side of the story I am obliged to find some truth in it. MPNP applicants must submit a Letter of Interest demonstrating their intention to stay in Manitoba. I believe that this single letter could be considered fraudulent if it is the case that the PR holder move to another province upon landing or shortly after.
     
  6. provided all the facts to the IRCC do you think they will take any action, I doubt it. many people moved within a month or two to another province
     
  7. I strongly believe that if you have tried all you could to finding a good job of you and your family, if you have proof that you tried hard and the province has not offered anything related to your career path and you found a better job and life quality in another province, that would not be a problem. I know several people who tried really hard here in Manitoba for one year and nothing, and then just moved and

     
  8. HI, Is there any way I can contact you privately ? I have something important to discuss.
     
  9. Their PR was revoked for lying and misrepresentation...not for moving within Canada. Big difference!
     
  10. If a person moved within a month right after obtained PR card is it not consider for lying and misrepresentation. Does IRCC can't take any action about that??
     
  11. Sorry, I do not take private messages.

    As an FYI, the people I know who lost PR because of this AND were deported AND banned for misrepresentation were DISCOVERED by IRCC when:

    1. They applied for a new PR card
    2. They applied for citizenship

    Yes, this meant that they have been in Canada for a while and ALL of them APPEALED and subsequently LOST their appeal. I remember 2 of them even appealed based on H&C that there were Canadian biological children that needed them to stay in the country.
     
  12. https://www.cbc.ca/news/canada/newfoundland-labrador/machel-rayner-immigration-1.4933401?cmp=FB_Post_News&fbclid=IwAR2a5c07wHlut-u7EchvaU99J9uRYjs8UR6IGd9_JytVqurXp6RXhcdCKNk

    On yesterday's news. For now, they grand him a work permit while waiting for the apparel hearing.

    Portion from the article.

    Axed from N.L. program

    By leaving the province for work — albeit temporarily — Rayner said he was automatically removed from the Newfoundland and Labrador Provincial Nominee Program.

    Rayner had confirmation of his permanent residency but had to complete one more step before it became official.

    Through his travel to Halifax from a celebratory trip to the United States, Canada Border Services learned Rayner would be working in Halifax, and not Newfoundland and Labrador, as had been agreed upon.

    While it wouldn't discuss the case, the Department of Advanced Education, Skills and Labour said that the Canada-Newfoundland and Labrador Immigration Agreement requires immigrants to live and work in this province as they pursue permanent residency.

    The certificate is granted to people who have skills that the province can use to address specific economic development and labour market needs.

    Federal immigration and refugee protection regulations require that people "must intend to reside" in the province that nominated them.

    "It's important for people to realize that if new Canadians are here on work visas, they do need to follow all the terms of their conditions of them staying in the country and working in the country," MP Nick Whalen said.

    "Often times mistakes will happen and then my provincial counterparts and my office are there to help people get through mistakes should they happen."
     
  13. Hi Friends ,
    I am living in Manitoba as PR (MPNP Nominated) for around 2 years . I want to move to another province . Can i move to another province ? Will this effect my sponsor ?
     
  14. It would be interesting to know more of the circumstances behind his potential removal.

    It looks to me that he had not yet become a permanent resident, and was just about to land, and he informed CBSA that he would working in Halifax, even though his PR was based on NL PNP.

    In such cases, I believe the border agent did the right thing.
     
  15. But that answers some people's question. I saw some posted if they choose to land and live in a different province, would that affect their PNP. I think the answer is that depends.
     

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