Leave the nominated Province

[tantan911]

Hi Everyone,

I Have landed 6 months ago with my family to the province which nominated me and stayed for 10 days. got a phone number, opened a bank account, rented a house through Airbnb and received my PR cards with no settle conditions. However I had to go back to my country to inform my company with my resignation and stay for the notice period and do the handover.

Now, I want to travel back and settle in my province but when I search for my profession ( IT Cloud Architect ) I only can find 4 companies who may got an opportunity for me. (it's so small province)

The surprise! that I have got an offer from Microsoft Ottawa. it's my dream job .. So if I agreed to the offer and landed to Ottawa and stayed there. Is there's any risk that the province can revoke or cancel my PR cards or face any issues later with the citizenship request ?

Thanks

 

[k.h.p.]

Which province and which nomination program?

If it is Saskatchewan and a local person supported your application, be aware you would be removing their ability to support another applicant ever again.

Some provinces are considering misrepresentation for persons who have no intention to settle in their nominated province.

 

[dejavus]

This looks like a case of not being able to find suitable employment. Perhaps OP needs to stay a little bit longer to effective exhaust the settlement funds, in that case can an argument for leaving be valid. I am not sure how practicable that can be in the real world though, But for you not to be guilty of misrepresentation, then CIC will need to see proofs you tried but was not able to get a Job in New Brunswick before jumping ship.

 

[k.h.p.]

Note that claims of misrepresentation based on settlement haven't really been tested in court yet, since once landed a PR does have the same mobility rights of a Canadian. I believe the only place it has really been tested is Quebec, due to the separate immigration laws there, and only at time of landing.

Theoretically it's not misrepresentation once landed, but I could be very wrong, based on a read of IRB and Federal Court decisions.

 

[tantan911]

Which province and which nomination program?

If it is Saskatchewan and a local person supported your application, be aware you would be removing their ability to support another applicant ever again.

Some provinces are considering misrepresentation for persons who have no intention to settle in their nominated province.

It's NB province through PNP program. they said they got shortage in my profession, but this is not what I have found. and now I'm very confused. Shall I refuse such dream offer and go to stay unemployed or take the risk and accept the offer and live at Ottawa.

 

[keesio]

TPerhaps OP needs to stay a little bit longer to effective exhaust the settle meant funds, in that case can an argument for leaving be valid

Agreed. 10 days is too short to prove that you gave your best effort. All the actions you did there do not show any attempt to establish ties to the province.

 

[tantan911]

Agreed. 10 days is too short to prove that you gave your best effort. All the actions you did there do not show any attempt to establish ties to the province.

Even if I provided evidence of many rejected and unanswered job vacancies at the province for 3 months of searching ? Ofcourse I did that search from my home country

 

[dejavus]

Even if I provided evidence of many rejected and unanswered job vacancies at the province for 3 months of searching ? Ofcourse I did that search from my home country

Searching while you are outside the country doesn't really country tin my opinion. Part of proof showing intention is that you signed rental lease, engage in day to activities in the province of residence while you were actively looking for a job, this can only help your case, if you can show proof of residing in the province for the period of time then can you really opt to accept employment elsewhere.

Just my opinion.

 

[keesio]

Part of proof showing intention is that you signed rental lease,

Yes totally agree. The fact that the OP just stayed at an airbnb for a few days made his presence in the province feel very temporary. I know it was a soft landing and he knew he had to go back to finish up unfinished business, but then just applying for jobs online from remote takes little commitment.

 

[tantan911]

So you guys recommend me to refuse the offer and land and stay at the province for minimum 3 months then search for jobs again outside it? I really like NB more that the big provinces and all my friends are located there but most of them had to work casual jobs for months , I can't do that.

What the worst scenario the province can do ? and it happens only when I apply to the citizenship or before?

 

[k.h.p.]

Don't give up on your Microsoft job yet, since no one has conclusively said if NB will investigate you for misrepresentation.

Did you sign any guarantee to settle in NB?

 

[tantan911]

Don't give up on your Microsoft job yet, since no one has conclusively said if NB will investigate you for misrepresentation.

Did you sign any guarantee to settle in NB?

They sent me email after my soft landing with 5 days to send them my PR cards and fill an information document within 30 days and reminded me with the following law section that I have signed on ((Section 87(2)(b) of the Immigration Refugee Protection)). I did, that was on July and there's no more communication occurred since that mail.

 

[k.h.p.]

You should probably talk to a lawyer before you give up the Microsoft job. You may not be in the wrong.

 

[tantan911]

The Federal Government and the Provincial Government are both well aware of the nominees moving to different provinces, they even conducted a study on the retention rates of PNP nominees: https://www.canada.ca/content/dam/ircc/documents/pdf/english/evaluation/e1-2015-pnp-en.pdf

Here's the help section from the IRCC website:
I am a new permanent resident in Canada. Can I live somewhere other than the “city of destination” on my Confirmation of Permanent Residence?
Yes, you can. As a permanent resident, you have the right to live, work or study anywhere in Canada.
However, if you became a permanent resident through the Provincial Nominee Program, the province that nominated you has chosen you to bring skills to their province.

It does not explicitly indicated that moving to a different province could result in misrepresentation or even revoking your PR status.

When it comes to misrepresentation, it will definitely bring up red flags when you have no intentions at all BEFORE you arrive in your province of destination. For example, if you buy a house in BC when you are a Manitoba PNP nominee before you validating your CoPR, the officers therefore will play the role of doing the final assessment of your intention when you are validating your CoPR at the port of entry or IRCC office. Once your CoPR is validated, the intention no longer applies to you as your PR status is protected by the Charter of Human Rights including your Mobility Rights. Thus, residing in your nominated province is merely depends on your morality.

Intentions change, life changes, and we cannot predict what will happen next. For PNP nominees, we should try our best to live in the nominated provinces before and after coming to the nominated province. But if life changes, we are able to move anywhere.

Here's the website that is helpful as well: https://www.immigration.ca/provincial-immigrants-free-to-move-anywhere-in-canada

 

[tantan911]

I have found this article. what do u think about it ?