Increasing numbers of applicants are applying for immigration to Canada under the provincial nomination programs. Well, coming to Canada via provincial immigration programs imposes obligations different from those immigrating to Canada through federal programs. This article will discuss the implications of provincial v/s federal applicants for Canadian settlement and obligations to settle in the nominating territory/ province.
Mobility Rights As a Canadian Permanent Resident
Section 6 of the Canadian Charter Of Rights & Freedom provides permanent residents & Canadian citizens with the right to live & work in any province in Canada.
As it relates to Canadian immigration, this implies that after obtaining permanent resident status – either via federal or provincial immigration program – Canadian permanent residents can eventually relocate anywhere across Canada.
Applicants Selected By A Province/ Territory
In the discussion of provincial v/s federal applicants for Canadian settlement, it is vital to note that applicants are selected by a province/ territory.
Paragraph 87(2) of the Immigration & Refugee Protection Regulation clarifies that a foreign national is a member of the provincial nomination class if they intend to reside in the territory/ province that has nominated them.
Provinces & territories looking forward to attracting newcomers under local immigration programs have to create the right conditions to attract, & more importantly, retain immigrants.
In addition, candidates applying through provincial/ territorial nomination programs must comply with program requirements & remain truthful throughout the application process.
The intention to settle in the territory/ province under an immigration program should be clearly present upon landing. The candidate must have a genuine intention to reside in the province selected in their application for permanent residence & make good-faith efforts to settle in the province before moving to another Canadian territory/ province.
Such efforts should also be documented in case any questions appear later. For instance, such efforts might be integral when a Canadian permanent resident later applies for Canadian citizenship.
Applicants Selected By The Federal Government
Meanwhile, federal immigration applicants who do not obtain a provincial nomination do not need to commit to a particular province/ territory.
This implies that permanent residents who immigrate to Canada through programs might decide to reside in any Canadian province/ territory upon arriving in Canada.
Demonstrating Intend To Reside
As an example, the Government of Ontario demonstrates that intention to reside in the province can be established through documents that display:
- Education in Ontario
- Employment offers or jobs applied to/ interviewed for
- Current/ previous employment in the province
- Volunteer work in Ontario
- Lease agreements in Ontario/ property ownership
- Professional networks & affiliations
- Previous visits to Ontario
- Family ties, social connections, & personal relationships
Consequences For Misrepresenting Intent To Reside
An applicant might be non-compliant if they no longer intend to reside in Canada in the nominating territory/ province before or upon landing in Canada.
Where it becomes evident that an individual never intended to settle in the nominating province/ territory, this could give rise to an allegation of misrepresentation & might result in loss of permanent resident status.
Moreover, if a province/ territory nominates you or you wish to learn more about program requirements, you might wish to consult with an authorized immigration lawyer.