If you are looking to move to Canada under one of the provincially managed programs, it is important to ensure that your intention is to live in the province whose program you intend to use to become a Canadian permanent resident.
What Are Provincial Nominee Programs?
Generally speaking, Canada’s immigration program is managed by the Federal Government. However, some aspects of immigration are managed by the different provinces or territories in Canada. Particularly, every province or territory in Canada manages its own specific immigration program known as a provincial nominee program.
The provincial nominee programs are generally intended to help provinces secure skilled and on demand labour. Where employers within the provinces are unable to sufficiently source skilled persons locally or elsewhere in Canada, they proceed to look for labour outside Canada. Hence, in such circumstances, the provinces manage the provincial nominee programs which are very targeted and specific immigration programs.
Intention To Live In Your PNP Province
If your intention is to apply for your Canadian permanent residency under one of the provincial nominee programs, one of the requirements is that you must have an intention to live within the particular province.
This is a key requirement because if it is determined, while your permanent residency application is being processed, that your intention was never to live in that province, it will negatively impact your application.
Revocation On Grounds Of Misrepresentation
If it is discovered that your intention was merely to use the provincial nominee program as a channel to become a Canadian permanent resident so you can then live elsewhere, this will equally negatively impact your permanent residency application.
If your application was successful and it is determined after the fact that your intention was not genuine, you face the risk of having your permanent residency revoked on grounds of misrepresentation. Revocation on grounds of misrepresentation means that you would have secured your permanent residency on false pretenses hence revocation.
Therefore, it is very important that as you make your application under any of the provincial nominee programs that you have a genuine intention of living in the province under which you intend to apply to become a Canadian permanent resident.
Mobility Rights Under Canada’s Charter of Rights
It is also important to note that both Canadian citizens and Canadian permanent residents benefit from mobility rights under Canada’s Charter of Rights. This means that Canadian permanent residents and Canadian citizens are free to live and work anywhere in Canada without hindrance.
Mobility rights guarantee Canadian permanent residents the right to move from their province when they need to or when it becomes necessary. Therefore, if you had applied for Canadian permanent residency under one of the provincial nominee programs and your intention at the time of the application was genuinely to live in that province but circumstances have changed, you are allowed to move.
When Can Movement From Your PNP Province Be An Issue?
Moving from your province only becomes an issue if it is determined that your intent, at the time you applied for Canadian permanent residency, was never to live in the province under which you applied for permanent residency. When this is discovered, your Canadian permanent residency may be revoked.
Conclusion
In a nutshell, a Canadian permanent resident can move out of their provincial nominee program province when necessary. The important consideration is a person’s intentions at the time of applying for permanent residency. You must have a genuine intention to live in the province under which you apply for your permanent residency under its provincial or territorial immigration program.
Let Us Help
We are here to help you put together your permanent residency applications under any of the provincial nominee programs and guide you along the way until you are successful.
Should you need any professional advice on your mobility rights as a Canadian permanent resident under any provincial nominee program, we are available to do so. Book a call with us today!
