Does PNP restrict future movement?

[CWilson]

Hi, I'm wondering about PNP, if I get nominated by a province and decide to move to another part of Canada in the future is this allowed?

I assume there's something in place to stop people getting nominated by a province they don't intend to live in and never living there. Likewise, I'd assume you're not stuck in a province forever.

 

[rajanvnv]

Hi, I'm wondering about PNP, if I get nominated by a province and decide to move to another part of Canada in the future is this allowed?

I assume there's something in place to stop people getting nominated by a province they don't intend to live in and never living there. Likewise, I'd assume you're not stuck in a province forever.

Ideally, in most cases they don't but ethically you are bound to work with them as they sponsor you. But in few cases (say for instance NB), you would need to sign a commitment that you will stay and maintain your primary residence in NB. Not sure of there are any legal implications if you breach it.

 

[kateg]

Hi, I'm wondering about PNP, if I get nominated by a province and decide to move to another part of Canada in the future is this allowed?

I assume there's something in place to stop people getting nominated by a province they don't intend to live in and never living there. Likewise, I'd assume you're not stuck in a province forever.

From the Canadian Charter of Rights and Freedoms:

http://laws-lois.justice.gc.ca/eng/const/page-15.html

Rights to move and gain livelihood

(2) 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.

They can't legally stop you from moving. What they can do is ask you if you intend to reside there, and then yank PR status for misrepresentation if you lied. In other words, if you change your mind the day before you land, you can lose P/R. If you change your mind the day after, you can't.

As a practical matter, it's rare for it to be an issue, and pops up mainly in cases where people either admit somewhere they gamed the system, or they try to do something stupid like land in a different province, then admit they never really had any intention of going to that province. Someone who claims they will live in Ontario, but has been living in BC, lands in BC, who has a job and a house in BC, and makes no attempt to move to Ontario is at risk.

Someone who moves to Ontario, tries rather hard to establish themselves, then two months later runs out of money and has to take a job in another province is fine.

 

[mf4361]

That gets me thinking of a situation: What if one lives in a border city? Like I can live and register an address in Gatineau, QC and works in Ottawa, ON. (Or otherwise) Would that cause a problem? Since you are explicitly asked whether you are intended to live outside QC in the application.

 

[EasyCanadaVisa]

After you show up at the Port of Entry(Any POE) and become a PR of Canada, no province can stop you from living/working anywhere in the country. As a PR, your rights are as per Constitution of Canada which gives you a few rights and obligations to follow. Freedom of Mobility is one of them.
I have seen cases where a foreign national became a PR under the QSW stream, show up at Montreal airport, got the PR stamped, got out of the airport and took a cab to Toronto and happily lived thereafter... No ramifications whatsoever. Ethically this is wrong...

 

[kateg]

After you show up at the Port of Entry(Any POE) and become a PR of Canada, no province can stop you from living/working anywhere in the country. As a PR, your rights are as per Constitution of Canada which gives you a few rights and obligations to follow. Freedom of Mobility is one of them.
I have seen cases where a foreign national became a PR under the QSW stream, show up at Montreal airport, got the PR stamped, got out of the airport and took a cab to Toronto and happily lived thereafter... No ramifications whatsoever. Ethically this is wrong...

It is wrong, and there are cases where people get in trouble.

Most of it comes at the airport:

http://meurrensonimmigration.com/pnp-participants-denied-entry-at-the-border/

They are aware of the abuse, and are taking steps to address them:

http://www.cic.gc.ca/english/department/media/speeches/2012/2012-01-26.asp

However, retention rates of provincial nominees in their province or territory of nomination vary quite widely. They range from 23% on the East Coast to 95%, for example, in B.C., depending on the province. This issue merits further attention because obviously we don’t want the PN program to be abused where provinces are inviting people to come into their program, into their province, and they in fact end up going somewhere else, and that is one of the key issues coming out of this report.

The evaluation also pointed to some areas of the PNP in need of improvement, particularly in the areas of program design, delivery and accountability, as well as fraud detection. My Department will work with provinces and territories to strengthen these elements of the program and ensure that it remains an effective tool for spreading the benefits of immigration across the country.

 

[mf4361]

It is wrong, and there are cases where people get in trouble.

Most of it comes at the airport:

http://meurrensonimmigration.com/pnp-participants-denied-entry-at-the-border/

They are aware of the abuse, and are taking steps to address them:

http://www.cic.gc.ca/english/department/media/speeches/2012/2012-01-26.asp

I think CBSA officers are smart enough to determine whether you are intended to stay in QC or not. Like they will check if you have a connecting flight toward another Canadian province, a signed contract of housing, or phone number of a reception in another province.

In the article, the family clearly took logical steps to establish settlement in Vancouver, not Saskatchewan. That is an abuse.

 

[EasyCanadaVisa]

Yeah... If you show up at the POE where you are supposed to be like Montreal for QSW or Vancouver if selected by BC, and leave after you are in, there is absolutely no way they can chase you. But if you show up in Toronto when you are a BC PNP nominee, there may be issues. ... However, these issues are few and far in between... Legally, CBSA can question why they chose a particular POE. If you have a definitive answer, they are fine. Remember, they are trained to bust the liars and read in between the lines..

I personally was selected by BC PNP international graduate stream.. I had to leave the country in the middle of the process and decided to coma back after I got my PR.. I had a few friends living in Montreal at the time. So, I decided to show up at Montreal so I can meet them before I head to Vancouver. I was questioned at the airport and I answered all the questions to their satisfaction and here I am now....

 

[workharder]

Hi i am very new to this forum.I have applied for PNP program to saskatchewen and would like to know one thing that if my current employer is toronto based and i can work from saskatchewen for the current employer.Does it work that way?

 

[dobes]

It is wrong, and there are cases where people get in trouble.

Most of it comes at the airport:

http://meurrensonimmigration.com/pnp-participants-denied-entry-at-the-border/

They are aware of the abuse, and are taking steps to address them:

http://www.cic.gc.ca/english/department/media/speeches/2012/2012-01-26.asp

No, Kateg, you were right the first time. The Canadian Charter absolutely forbids any interference with the movement of PRs or citizens within Canada, including Quebec. The government may be trying to prevent fraud in Provincial Nominations, but it MUST detect it before or as the people land. Once they are officially PRs, there is nothing the government can do about where they live or work.

 

[dobes]

Hi i am very new to this forum.I have applied for PNP program to saskatchewen and would like to know one thing that if my current employer is toronto based and i can work from saskatchewen for the current employer.Does it work that way?

That's up to your employer, but it sounds unlikely!

 

[workharder]

I did not understand what is unlikely is it employer not giving me saskatchwen as the location to work from or pnp does not allow this kind of a setting

 

[mf4361]

While Canada Charter ensures freedom of movement between provinces, there are PNP applications that requires signing a commitment of living in the province for a few years (IIRC NB-PNP-EE stream). Whether offending it causes revoke of PR or any penalty, I don't know.

As a matter of fact, many provinces PNP programs have seen problems of retention. People got into Canada via PNP, but never stay long term.

Many requires a job contract in the province, or have a point system that promotes connection to provinces (e.g SK-PNP) and/or penalize connection to other provinces (e.g. MB-PNP-EE). Hoping a closer connection to the province will attract people that are more likely to stay long term.

I did not understand what is unlikely is it employer not giving me saskatchwen as the location to work from or pnp does not allow this kind of a setting

If the employer contract clearly states your work will be based in SK, then there's no problem.
Think of international companies hires a person in their Canadian office. That is considered as a Canadian job, regardless of where the company domiciles

 

[myangelbei]

ofc this is a big NONO.
Just think about after 4~5 years, your PR card is about to expire, what you gonna do? you're going to renew your PR card by telling the provincial CIC officer that you have never lived in that province?
OR After 4 years you are going to apply to become a citizen, whats gonna happened after cic reviewed your case?! Rejection!

CIC officer knows most people are not that stupid to move/live in SK or MB. Trust me man, if you can handle the -45C winter for 7 month a year, you're my guest.

 

[pi3ce]

@myangelbei but what happens if you can't find a job in SK? Would it be alright to move to a different province?