Canada PNP: Know How To Legally Move Out Of The Province

14 September 2022, 10:05 AM EDT Shivika Adhwaryu PNP
Canada PNP

Canada PNP – How To Move Out Of The Province. Moving out of the province where you were nominated is a little more complicated when you become a Permanent Resident (PR) through one Provincial Nominee Program (PNP). 

This article discusses the legality around PNP:

  • to move to another province after getting PR
  • when you can move, and;
  • how to justify your intention to move out of the province.

When you file for a provincial nomination, you must sign a letter stating your intention to settle in the province. In some circumstances, such as New Brunswick, you must also sign a commitment to live in the province.

The fact is that one of the primary factors for provinces to nominate you is that you must live in the province and contribute to its economic growth. 

A province may revoke nomination before receiving permanent resident status. For example, this may occur if a person works or studies in a province, submits an application, receives a provincial nomination, and then leaves the province before the PR application is reviewed and PR status is granted.

The Canadian Charter of Rights and Freedoms’ Article 6, ‘Mobility Rights,’ protects you as soon as you are granted permanent resident status. However, there are several restrictions on these rights, and one of the most significant ones is the Provincial Nominee Programs. 

Some might believe these rights guarantee unrestricted movement between provinces (PNP). However, the law does not refer to a required amount of time to remain in the province of nomination. Therefore, it is still unclear and open to interpretation.

Hence, you must remain cautious if you choose to leave a province that nominated you after obtaining PR status. The province has the right to pursue you and ask IRCC to remove your PR status due to misrepresentation. 

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The province would assert that you lied about your intentions to remain there and that you had no intention of settling and residing there. As a result, you may be deported and prohibited from entering Canada for five years if it is discovered that you misrepresented your intentions.

Nevertheless, if you leave the province that nominated you, you won’t necessarily face legal action for misrepresentation. You can defend yourself by evidencing your efforts to settle in the province. 

For instance, New Brunswick demands that its nominees register in person within 30 days of arriving in Canada, and it may attempt to withdraw PR status for those who haven’t done so (after several follow-ups).

How long do you need to stay in the province that nominated you? 

After you receive your PR status, you must relocate to the province that nominated you. However, when considering how long you should stay? Read on below.  

Since the law is not specific, there is no conclusive response. However, you should be aware that a province may attempt to revoke your PR status if they believe you misrepresented your intention to stay in the province.

Hence, it’s crucial to remember that you must demonstrate and provide evidence of your intent to live in the province. 

Although some people wait about two months to receive their PR card and then move to another province, it is not advisable. Mainly because getting a PR card has nothing to do with getting a PR status.

While some would hold off until they reach their 730-day (2-year) Permanent Residence requirement because their intent has been well demonstrated and the likelihood of revoking their PR status appears quite low.

In either case, a stay of one to two years would appear sufficient to demonstrate your initial purpose to remain in the province. 

What to do when you intend to move to another province as a PNP? 

In certain situations, the intention to move is justifiable. These situations include those in which the immigrant cannot obtain employment. Others include those in which they successfully secure employment in another province. 

Suppose you are a recently established provincial nominee and have trouble finding a good job associated with your primary NOC code. In that case, you are well within your rights to explore elsewhere. 

However, you must continue to look for a job long enough to demonstrate your efforts. How long? The range of three to six months seems reasonable. The only catch is that you have to keep track of everything you did throughout that time to find a job. 

To evidence your job search efforts, you can show the following: 

  • Job applications and rejection letters
  • Utilize every job resource the province has to offer.
  • Evidence that you lived in the province, you can show your lease, mails, gas and electricity bills, etc. 
  • Proof that you requested or have the provincial healthcare card
  • Include any additional evidence of your initial intention to remain in the province.

Even if you have been employed in the province for some time, you still need a convincing cause to relocate. One would be that you discovered a better position that pays higher. Other explanations include being married, moving out of the province with your spouse, etc.

In either case, it would be best to get in touch with the immigration department for your province and let them know you intend to migrate and why. It is because provinces maintain track of their provincial nominees, and they may eventually find out. 

If you do so, at least you have evidence that you tried your best and informed them of your move if they cannot provide you with resources to help you stay.

Source: IRCC

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