Revoke PNP PR status - Move out nomination province [!!]

[Rocky_bombastic]

thanks for the response, I think it makes sense, however, her school starts in September and she wants to be there in August, I probably will land next month and it for sure looks like you said move to Van almost immediately after landing. I am worried that this will look bad even though it was never planned like this. We only found out she got into school this month.. Perhaps I will keep all my status in SK and just go as traveling?

Yes it makes sense as education is the factor here, but make sure you are prepared when you go for Landing if they have any doubts about you leaving the province they can deny you the PR on the spot. Don't let the immigration officials know about this and if you do make sure you tell them the complete story such that it does not impact you. When you go to for Landing the Immigration officials have the right to cancel your PR if they think that you are not going to live in the intended province. But once you get the PR approved its a different story. My research has concluded that you just have a Moral obligation to stay in the province and not Legal.

According to the Canadian Charter of Rights and Freedom, Section 6 ,

1. Every citizen of Canada has the right to enter, remain in and leave Canada.
2. Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
to move to and take up residence in any province; and to pursue the gaining of a livelihood in any province.

So you can say that the province only have limited legal Scope in keeping you in the province as it would be against the Canadian Charger of Rights & Freedom. As most of the members recommend, because the Province helped us in getting the PR it should be your moral obligation to live, look for a job and then if it doesn't work out yes you can move out of the province.

 

[Donalddraper]

Yes it makes sense as education is the factor here, but make sure you are prepared when you go for Landing if they have any doubts about you leaving the province they can deny you the PR on the spot. Don't let the immigration officials know about this and if you do make sure you tell them the complete story such that it does not impact you. When you go to for Landing the Immigration officials have the right to cancel your PR if they think that you are not going to live in the intended province. But once you get the PR approved its a different story. My research has concluded that you just have a Moral obligation to stay in the province and not Legal.

According to the Canadian Charter of Rights and Freedom, Section 6 ,

1. Every citizen of Canada has the right to enter, remain in and leave Canada.
2. Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
to move to and take up residence in any province; and to pursue the gaining of a livelihood in any province.

So you can say that the province only have limited legal Scope in keeping you in the province as it would be against the Canadian Charger of Rights & Freedom. As most of the members recommend, because the Province helped us in getting the PR it should be your moral obligation to live, look for a job and then if it doesn't work out yes you can move out of the province.

Thanks Rocky, what you said here makes sense.

I have successfully landed and the officer gave me a paper to read, i recall it says: if CIC found you have misrepresented documents to get your PR status, CIC can revoke your PR status. At this point, I am not discussing about my situation particularly anymore because i know there are many many people who moved out nomination province almost right after they got their PR status.

One of the declaration form we signed says we have the intention to live in the nomination province, its hard to justify what intention really means. At the same time, it doesn't really conflict with Canadian Charter of Rights and Freedom, Section 6 because one talks about the rights of PR and one talks about how you obtained your PR. If they found you didn't have the right to obtain PR at the first place, Canadian Charter of Rights and Freedom wont cover you.

I might have read too much into the words and I guess we really shouldn't worry about this that much cuz at the end of the day, we did not submit a false or lie to obtain our PR status.

 

[junoesque4]

Thanks Rocky, what you said here makes sense.

I have successfully landed and the officer gave me a paper to read, i recall it says: if CIC found you have misrepresented documents to get your PR status, CIC can revoke your PR status. At this point, I am not discussing about my situation particularly anymore because i know there are many many people who moved out nomination province almost right after they got their PR status.

One of the declaration form we signed says we have the intention to live in the nomination province, its hard to justify what intention really means. At the same time, it doesn't really conflict with Canadian Charter of Rights and Freedom, Section 6 because one talks about the rights of PR and one talks about how you obtained your PR. If they found you didn't have the right to obtain PR at the first place, Canadian Charter of Rights and Freedom wont cover you.


I might have read too much into the words and I guess we really shouldn't worry about this that much cuz at the end of the day, we did not submit a false or lie to obtain our PR status.

Hi There

I was following your thread and wondering did you have any problem moving province after pr. I am also in same situation. i would appreciate your help if you can tell me how you did this.

 

[brucee1]

This has been a question for me for a while and I found it had been an issue for a lot of people since 2010.

So can we get together and figure out if it is true that the government can revoke your landed PR status because you no longer live in the nomination province short after the landing?

Lets find some solid information and make a conclusion.

Totally and utterley wrong cic can revoke pr status for leaving and not residing in ur nominated province

 

[ATerra2]

Though, lawyer is only lawyer, they are powerless against law, or in this case, law enforcement or law maker. Their opining is subjective and not official.

Ask in the settlement topics of this forum. There is some experience people with 20 k post ¡¡ surely they see your question before.

 

[kelbc]

I am not sure why this is such a big issue.

It is very clear... The very definition of intention is the will/plan to do something. In this case, reside in your nominating province.


The Charter of Rights and Freedoms is also clear; A Canadian citizen or Permanent Resident can move freely with in Canada.

Now let's put the two together. You -plan- to reside in your nominating province.

Plans change. This is the whole point of the word intention. You know that CIC looks at everything(!) on case-by-case basis. Therefore this is the same. What were your circumstances that made you move out of your nominating province?

The guy with the girlfriend going to university, have no fear. Should CIC come after you (which I HIGHLY doubt), you have proof. It is the fact that you found out about it THIS MONTH. When did you declare your intention? When you applied for nomination. Did your intention necessarily change? No, you are still planning to but your current circumstances dictate that it is better for you to move with your girlfriend. Can you prove why with documents(should it ever be needed?) Yes. You have her acceptance letter, you have a valid answer for why she chooses to go there(good university, financially more responsible etc).

Is the same thing possible for those who land in Quebec and catch the next bus? I would be worried about them. Unless they have some kind of valid reasoning that they can provide...

Just like everything, there is no black and white, a yes or a no, a definite answer. I keep seeing this question pop up, time after time, and I have only been on this forum since mid-2014. There is no answer to it because everyone's circumstances are different. If you have a good reason, absolutely go ahead. No one, including the Govt. and CIC, wants to see someone starve and can't afford housing etc. That's not why they are accepting 100s of thousands of immigrants.. But if you are cheating the system, you will look over your shoulder for the foreseeable future.

Now does that mean tell all this to the officer when landing? Probably not, what if he is in a bad mood because his coffee was not hot enough this morning? But will your PR get revoked after it has been given, of course not.

Sorry about the long rant but had to put it out there..

 

[Konan1982]

Let's say, person is planing to move out to another province after landing and getting PR,
What illigel thing he/she does?

 

[Konan1982]

There is no where mentioned in CIC web site that PNP nominated PR holder is not allowed to move to other province..

 

[Konan1982]

Stop speculations about it..it is in no where written on CIC about movement to other Provinces, if it would be so people were to stay in nominated province ..
PNP PR can move anywhere he wants in Canada..I know at least 10 people..

 

[Konan1982]

I am not sure why this is such a big issue.

It is very clear... The very definition of intention is the will/plan to do something. In this case, reside in your nominating province.


The Charter of Rights and Freedoms is also clear; A Canadian citizen or Permanent Resident can move freely with in Canada.

Now let's put the two together. You -plan- to reside in your nominating province.

Plans change. This is the whole point of the word intention. You know that CIC looks at everything(!) on case-by-case basis. Therefore this is the same. What were your circumstances that made you move out of your nominating province?

The guy with the girlfriend going to university, have no fear. Should CIC come after you (which I HIGHLY doubt), you have proof. It is the fact that you found out about it THIS MONTH. When did you declare your intention? When you applied for nomination. Did your intention necessarily change? No, you are still planning to but your current circumstances dictate that it is better for you to move with your girlfriend. Can you prove why with documents(should it ever be needed?) Yes. You have her acceptance letter, you have a valid answer for why she chooses to go there(good university, financially more responsible etc).

Is the same thing possible for those who land in Quebec and catch the next bus? I would be worried about them. Unless they have some kind of valid reasoning that they can provide...

Just like everything, there is no black and white, a yes or a no, a definite answer. I keep seeing this question pop up, time after time, and I have only been on this forum since mid-2014. There is no answer to it because everyone's circumstances are different. If you have a good reason, absolutely go ahead. No one, including the Govt. and CIC, wants to see someone starve and can't afford housing etc. That's not why they are accepting 100s of thousands of immigrants.. But if you are cheating the system, you will look over your shoulder for the foreseeable future.

Now does that mean tell all this to the officer when landing? Probably not, what if he is in a bad mood because his coffee was not hot enough this morning? But will your PR get revoked after it has been given, of course not.

Sorry about the long rant but had to put it out there..

Revoke PR just only because person found other job there? That's wrong..

 

[liisa227]

Let's say, person is planing to move out to another province after landing and getting PR,
What illigel thing he/she does?

They've been granted PR based on the fact that the province supported their application. The province has supported their application because it was deemed that the person would be a positive contribution to the provincial economy. Even if one has gotten their COPR/PPR request, one does not get PR status until a CIC/CBSA officer has been satisfied that the conditions of the PR are met. This happens either at port of entry or at a CIC inland office.

Therefore, when doing the PR landing, the person is asked by the officer, "do you intend to reside in the province that nominated you?"

If the person says no, then the officer most likely won't grant the PR papers (unless there's a very good reason). They have every power to do so, and it's written in their operational bulletins (see link below). They also have the power to file an allegation of misrepresentation (if they suspect that you never had true intentions on living in that province) which I believe is a federal offence.

If the person is already planning on moving out of the province when being asked this, but says yes anyway, then they are essentially lying. It's obviously illegal to lie to CIC/CBSA.

It's all explained here: http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob251.asp

How much time and effort CIC spends on enforcing this after landing or tracking new PRs, and how worried anyone should be about getting caught, is a different matter. My guess is that the chance of getting caught is fairly small.

And yes, plans obviously change, and nobody can be expected to stay in one province for years and years. If one can make a case that they did intend on residing in the province, but unexpected circumstances forced them to move elsewhere, then they're probably absolutely fine, like kelbc said. Every case is highly individual. It all comes down to what one said as the truth when applying for PR and doing the landing, whether deviating from that can be counted as misrepresentation, AND whether one gets caught.

But, if for whatever reason CIC came to find out afterwards that one moved out of the province the first chance they got (let's say when applying for citizenship, when you have to fill out yet another Schedule A), hence being guilty of misrepresentation, then they would certainly look into the details of that and potentially find out that misrepresentation was initially made. And if they decided that the PR was granted based on false information, then what would stop them from revoking the PR? They 100% can do it. Doesn't mean they will, but they can.

 

[Konan1982]

They've been granted PR based on the fact that the province supported their application. The province has supported their application because it was deemed that the person would be a positive contribution to the provincial economy. Even if one has gotten their COPR/PPR request, one does not get PR status until a CIC/CBSA officer has been satisfied that the conditions of the PR are met. This happens either at port of entry or at a CIC inland office.

Therefore, when doing the PR landing, the person is asked by the officer, "do you intend to reside in the province that nominated you?"

If the person says no, then the officer most likely won't grant the PR papers (unless there's a very good reason). They have every power to do so, and it's written in their operational bulletins (see link below). They also have the power to file an allegation of misrepresentation (if they suspect that you never had true intentions on living in that province) which I believe is a federal offence.

If the person is already planning on moving out of the province when being asked this, but says yes anyway, then they are essentially lying. It's obviously illegal to lie to CIC/CBSA.

It's all explained here: http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob251.asp

How much time and effort CIC spends on enforcing this after landing or tracking new PRs, and how worried anyone should be about getting caught, is a different matter. My guess is that the chance of getting caught is fairly small.

And yes, plans obviously change, and nobody can be expected to stay in one province for years and years. If one can make a case that they did intend on residing in the province, but unexpected circumstances forced them to move elsewhere, then they're probably absolutely fine, like kelbc said. Every case is highly individual. It all comes down to what one said as the truth when applying for PR and doing the landing, whether deviating from that can be counted as misrepresentation, AND whether one gets caught.

But, if for whatever reason CIC came to find out afterwards that one moved out of the province the first chance they got (let's say when applying for citizenship, when you have to fill out yet another Schedule A), hence being guilty of misrepresentation, then they would certainly look into the details of that and potentially find out that misrepresentation was initially made. And if they decided that the PR was granted based on false information, then what would stop them from revoking the PR? They 100% can do it. Doesn't mean they will, but they can.

Examination of Members of the Provincial Nominee Class at Ports of Entry and CIC Inland Offices

This Operational Bulletin has expired.

 

[Konan1982]

They've been granted PR based on the fact that the province supported their application. The province has supported their application because it was deemed that the person would be a positive contribution to the provincial economy. Even if one has gotten their COPR/PPR request, one does not get PR status until a CIC/CBSA officer has been satisfied that the conditions of the PR are met. This happens either at port of entry or at a CIC inland office.

Therefore, when doing the PR landing, the person is asked by the officer, "do you intend to reside in the province that nominated you?"

If the person says no, then the officer most likely won't grant the PR papers (unless there's a very good reason). They have every power to do so, and it's written in their operational bulletins (see link below). They also have the power to file an allegation of misrepresentation (if they suspect that you never had true intentions on living in that province) which I believe is a federal offence.

If the person is already planning on moving out of the province when being asked this, but says yes anyway, then they are essentially lying. It's obviously illegal to lie to CIC/CBSA.

It's all explained here: http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob251.asp

How much time and effort CIC spends on enforcing this after landing or tracking new PRs, and how worried anyone should be about getting caught, is a different matter. My guess is that the chance of getting caught is fairly small.

And yes, plans obviously change, and nobody can be expected to stay in one province for years and years. If one can make a case that they did intend on residing in the province, but unexpected circumstances forced them to move elsewhere, then they're probably absolutely fine, like kelbc said. Every case is highly individual. It all comes down to what one said as the truth when applying for PR and doing the landing, whether deviating from that can be counted as misrepresentation, AND whether one gets caught.

But, if for whatever reason CIC came to find out afterwards that one moved out of the province the first chance they got (let's say when applying for citizenship, when you have to fill out yet another Schedule A), hence being guilty of misrepresentation, then they would certainly look into the details of that and potentially find out that misrepresentation was initially made. And if they decided that the PR was granted based on false information, then what would stop them from revoking the PR? They 100% can do it. Doesn't mean they will, but they can.

It is written there that this bulletin is expired


Operational Bulletin 251 - November 24, 2010

Examination of Members of the Provincial Nominee Class at Ports of Entry and CIC Inland Offices

This Operational Bulletin has expired

 

[Konan1982]

They've been granted PR based on the fact that the province supported their application. The province has supported their application because it was deemed that the person would be a positive contribution to the provincial economy. Even if one has gotten their COPR/PPR request, one does not get PR status until a CIC/CBSA officer has been satisfied that the conditions of the PR are met. This happens either at port of entry or at a CIC inland office.

Therefore, when doing the PR landing, the person is asked by the officer, "do you intend to reside in the province that nominated you?"

If the person says no, then the officer most likely won't grant the PR papers (unless there's a very good reason). They have every power to do so, and it's written in their operational bulletins (see link below). They also have the power to file an allegation of misrepresentation (if they suspect that you never had true intentions on living in that province) which I believe is a federal offence.

If the person is already planning on moving out of the province when being asked this, but says yes anyway, then they are essentially lying. It's obviously illegal to lie to CIC/CBSA.

It's all explained here: http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob251.asp

How much time and effort CIC spends on enforcing this after landing or tracking new PRs, and how worried anyone should be about getting caught, is a different matter. My guess is that the chance of getting caught is fairly small.

And yes, plans obviously change, and nobody can be expected to stay in one province for years and years. If one can make a case that they did intend on residing in the province, but unexpected circumstances forced them to move elsewhere, then they're probably absolutely fine, like kelbc said. Every case is highly individual. It all comes down to what one said as the truth when applying for PR and doing the landing, whether deviating from that can be counted as misrepresentation, AND whether one gets caught.

But, if for whatever reason CIC came to find out afterwards that one moved out of the province the first chance they got (let's say when applying for citizenship, when you have to fill out yet another Schedule A), hence being guilty of misrepresentation, then they would certainly look into the details of that and potentially find out that misrepresentation was initially made. And if they decided that the PR was granted based on false information, then what would stop them from revoking the PR? They 100% can do it. Doesn't mean they will, but they can.

The problem may rise when assume person moved out from nominated him/her province and his/her PR card expired and needs to renew then they may know it that person left nominated him/her province .. is that right?

 

[kelbc]

Revoke PR just only because person found other job there? That's wrong..

You should read what I wrote again...

No, they would look at did you do your best to try and stay in your province (apply to jobs there first), what kind of job offer did you get from the other province? Was it significantly better than what you could find in your own province? Etc etc

I didn't say they would revoke your PR just because of a job in another province. I said they would look at each circumstance on its own.

Again, everyone is looking for an answer. There is no answer! Unless you are a clairvoyant and you see the future..

This is like looking at someone's post here and saying yes you will be PR or no they will not give your PR. Yet you know nothing about that person. It would inaccurate, because you do not necessarily have all the information needed. Just like in this case. There is NO rule of thumb, just apply common sense.