I have been working in NB for last 3 years (same job)....first 2 years were under work permit....in the mean while i applied for PNP program and got my PR card (for last 1 year). Now i have a job offer from another province...can I move. There does not seem to be a time limit statue provided by the province or CIC....will i have any problems at the time of citizenship....please help
Urgent inquiry...PNP...got PR....can I move to another province...
- Thread starter mdoc
- Start date
thanks ghais...would u advise to call the local PNP office or a lawyer for further clarification...I have checked all the paperwork for any time limit statue...can not find it...also if Province/CIC would put a time limit statue where would it appear on the PR card....Have u heard of any one not getting Citizenship for not living "long enough" in the province of nomination...thanks alot
There is no time limit but when you sign a PNP, usually you are signing that you intend to live in that province. The province could go after you for having lied on your application but they have to prove that you did not intend to live in the province at the time you applied and that would be hard. Since you are already there for 1 year after getting PR, I think you are safe to move.
Again no law binds a Canadian resident to stay in a particular province for life. A person may be intending to stay in Ontario, but may move to another province for any reason i.e transfer of job to Alberta, may be relationship with a partner in British Colambia.
You may once be an emloyee and later intend to start biusiness in another province. I am sure you havenot given an undertaking to stay in a particular province for a a period or for life.
Such a restriction would never be applied because its against fundamental human rights....and no law that conflicts with human rights can be adopted by a country.
You may once be an emloyee and later intend to start biusiness in another province. I am sure you havenot given an undertaking to stay in a particular province for a a period or for life.
Such a restriction would never be applied because its against fundamental human rights....and no law that conflicts with human rights can be adopted by a country.
Leon said:
From the New Brunswick PNP program FAQ at http://www.gnb.ca/Immigration/faqs2007-e.asp#16
If I am successful in immigrating to New Brunswick through the Nominee Program, how long do I have to stay in the province?
The New Brunswick Provincial Nominee Program is intended only for people genuinely interested in living and working in New Brunswick.
Any immigrant who has been nominated under the Nominee Program is fully expected to reside, work and conduct business in New Brunswick and become a permanent resident of this province. Any failure to comply with this Nominee Program requirement will be considered a breach of contract and a serious misrepresentation of facts in the application process. It is an offence under the Immigration and Refugee Protection Act to knowingly make a false or misleading statement in support of an application for permanent residence in Canada. Doing so can result in a two-year ban from entering Canada.
The PNP's usually make you sign a statement saying that you intend to settle in their province. If you leave their province as soon as you get PR, they might feel that you lied on your application form. Lying on your application as they say above can cause your PR to be revoked and you deported. I have not heard about them going after anybody yet but that doesn't mean they wont. Maybe they don't have much of a case but it's not advisable to get into that kind of trouble with immigration if it is avoidable. Since mdoc is already there for a year, he is probably ok to leave now. Might be a good idea to call NB PNP program and ask if they are ok with it and if they would do anything about it.
If I am successful in immigrating to New Brunswick through the Nominee Program, how long do I have to stay in the province?
The New Brunswick Provincial Nominee Program is intended only for people genuinely interested in living and working in New Brunswick.
Any immigrant who has been nominated under the Nominee Program is fully expected to reside, work and conduct business in New Brunswick and become a permanent resident of this province. Any failure to comply with this Nominee Program requirement will be considered a breach of contract and a serious misrepresentation of facts in the application process. It is an offence under the Immigration and Refugee Protection Act to knowingly make a false or misleading statement in support of an application for permanent residence in Canada. Doing so can result in a two-year ban from entering Canada.
The PNP's usually make you sign a statement saying that you intend to settle in their province. If you leave their province as soon as you get PR, they might feel that you lied on your application form. Lying on your application as they say above can cause your PR to be revoked and you deported. I have not heard about them going after anybody yet but that doesn't mean they wont. Maybe they don't have much of a case but it's not advisable to get into that kind of trouble with immigration if it is avoidable. Since mdoc is already there for a year, he is probably ok to leave now. Might be a good idea to call NB PNP program and ask if they are ok with it and if they would do anything about it.
you intend to settle in their province
The PNP's usually make you sign a statement saying that you intend to settle in their province. Your intention to stay in that province is at the time of your application must be true. No province has bound immigrants to stay in their province even if it is against the indviduals interest in future. Movement of individuals from one province to another is a fundamental right of an individual and is recognised by the canadian constitution.Leon said:
Please read the following provisions of Canadian Constitution.
Mobility of citizens
6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
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.
Limitation (3) The rights specified in subsection (2) are subject to
a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and
b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.
Affirmative action programs (4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.
Legal Rights
Mobility of citizens
6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
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.
Limitation (3) The rights specified in subsection (2) are subject to
a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and
b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.
Affirmative action programs (4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.
Legal Rights
Hi,
In my opinion, at the time you are applying and signing the agreement, you intend to live in the province, but after living for a while you realize that living there is not suitable for yourself at all. At that time you can move to other provinces, it's up to you. I would like to emphasize here is YOUR INTENTION TO LIVE when you sign, not signing to promise in the contract to live permanently there without changing mind in any cases.
I just share my thought about this topic. I am in process of FSW. Am I right? please share!
In my opinion, at the time you are applying and signing the agreement, you intend to live in the province, but after living for a while you realize that living there is not suitable for yourself at all. At that time you can move to other provinces, it's up to you. I would like to emphasize here is YOUR INTENTION TO LIVE when you sign, not signing to promise in the contract to live permanently there without changing mind in any cases.
I just share my thought about this topic. I am in process of FSW. Am I right? please share!
That is the way I see it too. If somebody gets PR on a PNP having signed that he intends to settle in the province and then decides to leave right away without even attempting to settle there, the province may see it as him having lied on his application. Immigration of that province may not be able to win their case against him in the end but they sure could make his life miserable if they decide to go after him. When dealing with immigration, you almost have to prove that you didn't lie and didn't do anything wrong rather then them having to prove anything against you.
I can fully understand it too why the immigration department of the province might not like it when their PN's leave right away. After all, they are putting in the work to bring that person in as their immigrant. They have spent their resources to do that and maybe he only came there because he qualified more easily for their program and all along was intending to live somewhere else.
I can fully understand it too why the immigration department of the province might not like it when their PN's leave right away. After all, they are putting in the work to bring that person in as their immigrant. They have spent their resources to do that and maybe he only came there because he qualified more easily for their program and all along was intending to live somewhere else.
Yes the intention must be there at the time of application. The promise cannot be for the life, as the circumstances do change. Constitutional law of of Canada has guranteed & ensured rights of the individuals mobility No province can violate the fundamental rights guranteed by the cinstituational law which is supreme.
BCguy
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Nobody can force you to stay in a province against your will once you have your PR.We dont run after people who came to Canada in our PNP who move to Alberta