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PR refused, lack of intention to move out of Quebec

FoodGatherer

Star Member
Dec 6, 2019
79
26
Hi all,

I received a refusal letter for my PR application citing that the proof that I submitted to prove my intention to leave Quebec is not convincing enough. I received a provincial fairness letter two weeks back to explain my side. I attached my work contract that is going to expire in March 2020 and interview letters from prospective employers. I am working on a closed work permit in an LMIA exempt job (researcher). Therefore, it is hard for me to change my employer. I live with my wife here who is on an open work permit. I may get an extension in my job in Québec but that does not solve the dilemma.

I have attended a few interviews and I am in the final stage of a job interview with a reputed employer in Ontario. However, I believe my chances are not that good considering my present immigration status. The company is aware that I do not have permanent residence. The visa officer wanted strong proof that I leave Quebec when he grants my permanent residence and not after getting permanent residence. I have seen cases of colleagues from my own workplace who got through express entry. None of them did have any job offer. The common advice I received after contacting lawyers that it is not a wise decision to move for an appeal since it may take a while.

I could send my wife out of province and probably build a strong connection with Ontario. That is the only solution I have in my mind if I do not get any job offer. Do you have any other suggestions?
 

jes_ON

VIP Member
Jun 22, 2009
12,095
1,398
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
Hi all,

I received a refusal letter for my PR application citing that the proof that I submitted to prove my intention to leave Quebec is not convincing enough. I received a provincial fairness letter two weeks back to explain my side. I attached my work contract that is going to expire in March 2020 and interview letters from prospective employers. I am working on a closed work permit in an LMIA exempt job (researcher). Therefore, it is hard for me to change my employer. I live with my wife here who is on an open work permit.

I have attended a few interviews and I am in the final stage of a job interview with a reputed employer in Ontario. However, I believe my chances are not that good considering my present immigration status. The company is aware that I do not have permanent residence. The visa officer wanted strong proof that I leave Quebec when he grants my permanent residence and not after getting permanent residence. I have seen cases of colleagues from my own workplace who got through express entry. None of them did have any job offer. The common advice I received after contacting lawyers that it is not a wise decision to move for an appeal since it may take a while.

I could send my wife out of province and probably build a strong connection with Ontario. That is the only solution I have in my mind if I do not get any job offer. Do you have any other suggestions?
When does your current work permit expire? You could submit a new application and apply for a bridging open work permit (BOWP), if you meet the requirements (within 4 months of the expiry date of your current valid work permit).

Yes, having your wife move ahead of you would help, but the VO will want to see you more prepared to move.
 

FoodGatherer

Star Member
Dec 6, 2019
79
26
My work permit expires in August 2020. BOWP is not allowed for Quebec residents I believe. Please correct me if I am wrong.
 

jes_ON

VIP Member
Jun 22, 2009
12,095
1,398
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
My work permit expires in August 2020. BOWP is not allowed for Quebec residents I believe. Please correct me if I am wrong.
You appear to be correct, sorry! Another reason to move ASAP...

Any chance you would qualify with your wife as the Principal Applicant?

Any chance your current employer would let you work remotely?
 
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FoodGatherer

Star Member
Dec 6, 2019
79
26
Unlikely. I guess I need to save money and live with/without a job for a few months in the Ontario province when I apply next time. I feel it is unfair but no point in complaining here. I see few startups using global talent scheme to hire foreigners. I should try my luck with them.
 
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canuck78

VIP Member
Jun 18, 2017
39,633
9,271
My job requires building and automating things in the lab for research work. I don't think the remote work is an option.
Sound like you work in the tech/AI scene in Montreal. Knowing that Montreal is the the area where a lot of the work is being done there are likely concerns that you won’t actually move out of Quebec and stay on with your current employer.
 
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FoodGatherer

Star Member
Dec 6, 2019
79
26
I do work in tech but not IT. I am a physicist. It seems that I got into the crossfire between Quebec and the federal government.
 

canuck78

VIP Member
Jun 18, 2017
39,633
9,271
I do work in tech but not IT. I am a physicist. It seems that I got into the crossfire between Quebec and the federal government.
No I think it mainly had to do with others not actually following through on their promises to relocate. IRCC is also demanding a lot more proof for family sponsorship if you are living outside Canada. You need to have a lot of proof that you will actually be moving back to Canada once you get PR since many couples never relocated.
 

FoodGatherer

Star Member
Dec 6, 2019
79
26
I guess my file was taken care of by a Quebecois visa officer since the application contains French documents. He/she might have thought I am taking advantage of rules. It is unfortunate.

No I think it mainly had to do with others not actually following through on their promises to relocate. IRCC is also demanding a lot more proof for family sponsorship if you are living outside Canada. You need to have a lot of proof that you will actually be moving back to Canada once you get PR since many couples never relocated.
 

rily

Star Member
Mar 27, 2019
173
43
Which documents did you submit to prove that? I got PFL almost the same issue. I got provincial nominee but I live and work in different province. I also saw the other guys had the same issue with intent to reside. We all got approved.

In my case, I submitted a bunch of correspondence for applying jobs, conversation to join my head office which is located in that province and work that I helped my head office out.

On FB case, he submitted Ontario driver license.
 

FoodGatherer

Star Member
Dec 6, 2019
79
26
Which documents did you submit to prove that? I got PFL almost the same issue. I got provincial nominee but I live and work in different province. I also saw the other guys had the same issue with intent to reside. We all got approved.

In my case, I submitted a bunch of correspondence for applying jobs, conversation to join my head office which is located in that province and work that I helped my head office out.

On FB case, he submitted Ontario driver license.
Hi,

I didn't have any job offer. Only lined up interview invitation and my conversation with employers. My work contract which was going to expire. My employer did not have any other office in ontario. I am in closed work permit, so not many companies were interested to hire me considering they have to sponsor me. Some prospective employers need security clearance because my job require me to work with space and military applications.
 

FoodGatherer

Star Member
Dec 6, 2019
79
26
Hi All,

I received a job offer last week from a company in Ontario. The reason my application got rejected was the absence of strong proof such as a job offer/house contract to show my intent to leave Quebec when VO decide to grant permanent residence approval. I called IRCC and checked if there were any other problems in my file. I was informed that there is none. He suggested me to try my luck by sending an IRCC webform with the new job offer. I know that the chances are slim since VO did not do any mistake. What do you guys think?
 

rily

Star Member
Mar 27, 2019
173
43
Hi All,

I received a job offer last week from a company in Ontario. The reason my application got rejected was the absence of strong proof such as a job offer/house contract to show my intent to leave Quebec when VO decide to grant permanent residence approval. I called IRCC and checked if there were any other problems in my file. I was informed that there is none. He suggested me to try my luck by sending an IRCC webform with the new job offer. I know that the chances are slim since VO did not do any mistake. What do you guys think?
Better than nothing. Good luck
 
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