The number of people applying for immigration to Canada through provincial nomination processes has noticeably increased. However, choosing this path involves different obligations than applying for immigration through government programs. In this article we will explore the province vs federal selection for Canadian immigration, including settlement obligations.
The rights of mobility for individuals holding Canadian permanent residency
The basic freedom to live and work in any province in Canada is guaranteed to anyone who possess citizenship or permanent resident status by Section 6 of the Canadian Charter of Rights and Freedoms.
Regarding immigration to Canada, this means that after obtaining permanent resident status via a federal or provincial immigration program. An individual is entitled to the freedom to eventually settle down and seek employment in any province in the country.
Selection by Province or Territory – The Path to Canadian Immigration
According to Immigration and Refugee Protection Regulations (IRPR) paragraph 87(2)(b), a foreign national is considered to be a member of the provincial nomination class if they intend to settle in the province or territory that has nominated them.
The provinces and territories, with the intention of enticing newcomers through their local immigration programs, are accountable for creating a climate that is favorable to immigration in both the short and long term.
Those who want to immigrate through territorial or provincial nomination programs have to follow the program’s requirements and be truthful and accurate throughout the application process.
Upon arrival, it is imperative that persons who plan to settle in a particular province or territory under an immigration program exhibit a distinct. And sincere desire to make that place their permanent home. Before thinking about moving to another Canadian province or territory, they must sincerely attempt to carry out this goal.
It is important to have thorough documentation of these efforts in order to respond to any future questions. This paperwork becomes especially important if permanent residents of Canada want to petition for citizenship in the future.
Federal Government’s Selected Applicants
The Ontario government, for example, stipulates that evidence of one’s intention to reside in the province must be provided by documentation that demonstrates:
- Employment history within the province, past or present.
- Job offers received or positions applied to/interviewed for.
- Education completed in Ontario.
- Volunteering experience within Ontario.
- Lease agreements or property ownership within Ontario.
- Affiliations with professional networks within the province.
- Family connections, social ties, or personal relationships established in Ontario.
- Previous visits made to Ontario.
Penalties for falsely stating one’s intention to reside
A person requesting for immigration to Canada may be subject to consequences if they fail to meet the standards and later decide they no longer want to reside in the province or territory that nominated them. The person’s permanent resident status may be revoked if it becomes out that they never really intended to live in the designated province or territory. This could result in an allegation of giving false information.
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