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

[Asivad Anac]

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.

As on date, the only factors that matter are - residency (at least 730 days in a rolling 5 year period), your intent to continue being a PR (not voluntarily withdraw that status or become a citizen, for instance) and that you aren't criminally inadmissible to continue being a Canadian PR.

Not settling in the province that nominated you is not even in the picture. It cannot be a criteria as it would be unconstitutional today. Canadian governments can choose to amend parts of their constitution (they routinely do) but I don't expect mobility rights to be ever amended as these are among the founding principles of Canada as a nation state.

 

[Chiuzi]

It's a moral issue.

The way I see it, the Province make projections about labour market, investments, etc. So, if you receive an PNP you should, at least, to reciprocate the favor and give something back to the Province. Legally speaking, you can move to any other place, morally speaking - you should stay and make it work.

I am not judging, only presenting the facts. Of course there are some factors which might influence this decision such as a good job offer, marriage, etc. BUT, remember: If you're going to be a Canadian, act as one.

Best wishes.

 

[kvrforum]

It's a moral issue.

The way I see it, the Province make projections about labour market, investments, etc. So, if you receive an PNP you should, at least, to reciprocate the favor and give something back to the Province. Legally speaking, you can move to any other place, morally speaking - you should stay and make it work.

I am not judging, only presenting the facts. Of course there are some factors which might influence this decision such as a good job offer, marriage, etc. BUT, remember: If you're going to be a Canadian, act as one.

Best wishes.

Do it at your own risk...

 

[Chiuzi]

Do it at your own risk...

Precisely.

 

[Asivad Anac]

Do it at your own risk...

Yet again, where is the risk?

Canada grants you the PR not the provinces. Canada grants you the citizenship not the provinces. Canadian provinces have their defined areas of jurisdiction - immigration and citizenship aren't one of them.

 

[Chiuzi]

Yet again, where is the risk?

Canada grants you the PR not the provinces. Canada grants you the citizenship not the provinces. Canadian provinces have their defined areas of jurisdiction - immigration and citizenship aren't one of them.

Again: not a risk matter, but a moral issue.

This "risk assessment" or "legally nothing can stop me from doing that" mindset is not compatible with Canadian way of life I think.

 

[Asivad Anac]

Again: not a risk matter, but a moral issue.

This "risk assessment" or "legally nothing can stop me from doing that" mindset is not compatible with Canadian way of life I think.

I covered the moral angle in my very first response.

Complete awareness of one's legal rights (and duties) and always acting in accordance with the Constitution is definitely compatible with the Canadian way of life. In fact, that knowledge is one of the prerequisites for a PR aspiring to acquire Canadian citizenship which, unarguably, is the gold standard of the Canadian way of life.

 

[pfse]

Yet again, where is the risk?

Canada grants you the PR not the provinces. Canada grants you the citizenship not the provinces. Canadian provinces have their defined areas of jurisdiction - immigration and citizenship aren't one of them.

But the province can go after you and appeal to CIC accusing you in misrepresentation of intention to settle in the province... I heard that it may happen but didn't hear about any actual case. I can understand why provinces would do that. There are so many ppl using PNP from provinces such Saskatchewan or PEI as backdoor to other provinces. Any way it worth not to leave the province next day after arrival but stay at least for few weeks and try to find a job (just to prove your intention to settle).

 

[Asivad Anac]

But the province can go after you and appeal to CIC accusing you in misrepresentation of intention to settle in the province... I heard that it may happen but didn't hear about any actual case. I can understand why provinces would do that. There are so many ppl using PNP from provinces such Saskatchewan or PEI as backdoor to other provinces. Any way it worth not to leave the province next day after arrival but stay at least for few weeks and try to find a job (just to prove your intention to settle).

Probably because they can't do that. They cannot legally force you to live where they want you to live. You are a Canadian Permanent Resident not a provincial PR.

The larger point is, there exist moral obligations to try and settle down in the nominating province. There aren't any legal obligations. Period.

 

[mf4361]

But the province can go after you and appeal to CIC accusing you in misrepresentation of intention to settle in the province...

This has been discussed here and other threads. These letter of intent trying to legally bound your residency in the province is unconstitutional.

 

[mf4361]

Moral issue is personal. The government can't accuse you for not being nice to them. There is the law, it states what is illegal to do. Otherwise, you are free to do whatever you want. This is the Canadian way of life. In fact, the way of life here is to squeeze out every social/tax benefits you can for your benefit within the law. Every tax season is to think of ways to taken as much tax credit as you can legally do.

PNP programs uses other ways to tie you to the province other than simply banning you from moving.

E.g. A job offer in the province, adding points to those who have family there, special category for sponsorship

PNP streams allowing those with no ties to the province is low in supply. (e.g. SINP Occupation in demand stream, 500 seats per year usually taken within 3 days. Similarly in SINP-EE. While only 1/3 of quota used in the job offer stream in 2015)

 

[pfse]

Probably because they can't do that. They cannot legally force you to live where they want you to live. You are a Canadian Permanent Resident not a provincial PR.

The larger point is, there exist moral obligations to try and settle down in the nominating province. There aren't any legal obligations. Period.

Well, if you have signed an "intent" to settle in the province, but in fact you didn't have any intent to settle there, isn't it illegal? Province can't legally force you to stay in there, but it can 'legally' prove 'that you committed crime by misrepresenting your application... if they want to do that.

This has been discussed here and other threads. These letter of intent trying to legally bound your residency in the province is unconstitutional.

Well, now you're saying that so many ppl refused because inability to provide intent to settle outside of Quebec were refused unconstitutionally? I didn't heard someone won the case.

 

[Asivad Anac]

Well, if you have signed an "intent" to settle in the province, but in fact you didn't have any intent to settle there, isn't it illegal? Province can't legally force you to stay in there, but it can 'legally' prove 'that you committed crime by misrepresenting your application... if they want to do that.

You had the intent till the time you landed and became PR. Then you didn't like the scenery or the weather or your neighbors and moved elsewhere. Not illegal.

Well, now you're saying that so many ppl refused because inability to provide intent to settle outside of Quebec were refused unconstitutionally? I didn't heard someone won the case.

Provinces are allowed to create whatever barrier they can for applicants. Not for PRs. Big difference.

 

[mf4361]

Well, if you have signed an "intent" to settle in the province, but in fact you didn't have any intent to settle there, isn't it illegal? Province can't legally force you to stay in there, but it can 'legally' prove 'that you committed crime by misrepresenting your application... if they want to do that.

Well, now you're saying that so many ppl refused because inability to provide intent to settle outside of Quebec were refused unconstitutionally? I didn't heard someone won the case.

1. Even if the letter of intend has legal power (Not proven until SCC rules), CIC will need evidence of you not intending to stay in order to accuse you. How are they gonna get it from your head? Remember, in Canada, you are innocent until proven guilty.

They can accuse you if you arrive at the border with MB nomination, and CBSA officer finds out you bought a house and secured a job in BC before you arrives, then they have the authority to deny your entry. But this is [While you are landing] as @Asivad Anac already mentioned is possible.

2. Quebec is a little .... more complicated. At least I can say is the restriction of residing outside Quebec was imposed by CIC, not PNP offices. So they have more power to enforce it. They can only reject application while application is still open. Still if you have settled (meaning actions like bought a car, house, rental, find jobs) outside Quebec then later decided to go, the constitution still protects your right to do that.

 

[pfse]

You had the intent till the time you landed and became PR. Then you didn't like the scenery or the weather or your neighbors and moved elsewhere. Not illegal.

Intent to settle means at least try to settle (rent apartment, apply for the job, sin, medical insurance, etc.). If you leaving the province next day after arrival, you will have hard time to prove your "intent".

Provinces are allowed to create whatever barrier they can for applicants. Not for PRs. Big difference.

The statement I answered was related to "intent" which is signed before applicant became PR.