Can I relocate to another province after receiving Canada PR?
Did you know that migrants selected for a PR visa under
Canada’s PNP program are permitted to live and work in any Canadian province?
This privilege is protected by Section 6 of the Canadian Charter of Rights and
Freedoms. Permanent inhabitants have the following rights under this section:
Reside in or relocate to any Canadian province
Acquire a profession in any region.
This is significant because an increasing number of potential immigrants are applying for permanent resident visas to Canada through the Provincial Nomination Program (PNP).
However, these privileges are only available to those who have obtained a permanent resident visa.
Using PNP programs to enter Canada illegally
In order to enter the country under the PNP Canada PR Visa applicants who do not meet the requirements for the Federal Skilled Worker Program may abuse this provision of unrestricted mobility between provinces.
This pattern has been observed in Quebec, where only a small percentage of authorized PR migrants have settled.
Other provinces with their own specialized labour programs, such as Manitoba, Saskatchewan, Nova Scotia, and Prince Edward Island, face the same problem.
Can I leave the province that nominated me for the Provincial Nominee Program (PNP)?
When you become a permanent resident (PR) through one of the Provincial Nominee Programs (PNP), it is more difficult to leave the province that nominated you. In fact, when you apply for a provincial nomination, you sign a letter indicating your intent to settle in the province, and in some instances, such as New Brunswick, you sign an agreement to reside in the province.
One of the primary reasons why provinces grant nominations is so that you will reside in the province and contribute to its economic growth. Frequently, a province will rescind its provincial nomination prior to the granting of Canada PR Visa status. This occurs if a person resides in a province (working or studying), applies for and receives a provincial nomination, and then moves out of the province prior to the Canada PR Visa application being processed and Canada PR Visa status being conferred.
Article 6 (“Mobility Rights”) of the Canadian Charter of Rights and Freedoms provides you with protection as soon as you obtain Canada PR visa status. Some may believe that these rights assure freedom of movement between provinces, but there are important restrictions on these rights, the most significant of which is the Provincial Nominee Program (PNP). But nowhere in the law is a minimum length of stay in the nominating province specified. This aspect of the law remains ambiguous and subject to interpretation.
Therefore, you must be cautious if you decide to leave a province that nominated you after obtaining PR status. This province may pursue you by submitting a request to the IRCC to revoke your PR status for misrepresentation. In fact, the province will assert that you misrepresented your intent to reside in the province and that you never intended to live there. If this request is approved and it is discovered that you misrepresented your intent, you will be deported and inadmissible to Canada for 5 years.
However, you can defend yourself in these situations (see what you can do to prove intent below), and it is not a given that you will be pursued for misrepresentation if you depart the province that nominated you. This will typically occur frequently if you make no effort to reside in the province. New Brunswick, for instance, requires its nominees to register in person within 30 days of arrival in Canada and will attempt to revoke Canada PR status for those who haven’t (after multiple follow-ups).
When can I move out of the nominating province?
Immediately after your PR status is granted (after your CoPR is signed at the POE), you should relocate to the nominating province. How long should I remain? is a query that many immigrants ask themselves.
There is no definitive answer because the law is not explicit. A province may attempt to revoke your PR status if they believe that you misrepresented your intent to remain in the province. It is essential to remember that you must demonstrate and document your intent (see the section below for more information and examples).
Some individuals delay as little as two months after receiving their Canada PR card before relocating to another province. This is not advised, as acquiring a Canada PR card has nothing to do with acquiring Canada PR status.
Others will wait until they complete their 730-day (two-year) permanent residence requirement, as their intent is clearly demonstrated and the risk of having their Canada PR status revoked appears to be minimal.
In either case, a one- to two-year sojourn seems sufficient to demonstrate your initial intent to remain in the province. However, when relocating to a different province, the following measures are strongly suggested.
Can I move to Quebec?
Including Quebec, Section 6 of the Canadian Charter of Rights and Freedoms applies to all provinces. Despite having a more independent immigration system than the other provinces, Quebec cannot deny permanent residents access to its territory under Section 6 due to its advanced autonomy status.
It is not necessary to have a “Certificate de Selection du Québec (CSQ)” if you are from another province in order to register for a health insurance card (RAMQ), a driver’s license, or to enroll in a university or postsecondary school.
Even a “Certificate de Non-CSQ” can be requested from the Quebec Ministry of Immigration, Diversity, and Inclusion (MIDI). This will be evidence you can present if a public or private organization requests that you submit a CSQ.
Checks and balances:
The government of Canada has implemented a system of checks and balances to prevent the abuse of these rights and to encourage PNP applicants to reside in the province for which they have applied.
Applicants for permanent residency who qualify under the PNP must demonstrate their intent to reside in the province of nomination. If the immigration officials at the Port of Entry (POE) are not convinced, they can refuse the individual entry and charge them with making a false statement.
The PNP program was designed to attract immigrants who could contribute to the development of the province. Therefore, they anticipate living in the province for an extended period of time.
However, the Charter of Rights does not restrict where immigrants may choose to live. Therefore, it is the responsibility of the provinces to evaluate applicants and choose immigrants who will reside on their territory. This will help prevent fraudulent use of the PNP to gain entry to Canada.
To avoid potential complications, immigrants must state in their applications their intention to settle in a particular province.
Under the PNP, Canada allows PR visa holders to reside anywhere within the country. Immigrants are cautioned against abusing this privilege.
