Can I move out of the province after PNP?
If you intend to settle in a specific province of Canada, then you choose PNP. Of course, PNP stands for Provincial Nominee Program. Unlike Federal immigration options, PNP targets a specific province in Canada. Consequently, when you immigrate under PNP, you promise the province you intend to reside there and no other place in Canada. However, you may ask, “Can I move out of province after PNP?”
Table of contents
- Understanding the concept of PNP
- Your promise and the PNP expectations
- Protection under the Constitution Act
- Misrepresentation allegations
- Ask your questions
Understanding the concept of PNP
When immigrating to Canada, you could pick any of the following options. Of course, you must meet the requirements:
- Federal – your destination is anywhere in Canada but Quebec.
- Quebec – you intend to reside in Quebec.
- PNP – you intend to reside in a province or territory that offers PNP programs
I have separated Quebec from other provinces. Of course, this is because of a special agreement between Quebec and the Federal government. Under this agreement, Federal immigration excludes Quebec.
PNP immigration covers any province or territory of Canada other than Quebec and Nunavut. Read the following article for more information:
Your promise and the PNP expectations
When immigrating under a PNP program, you need to consider the following:
- Provincial authorities expect you to reside in their province and contribute to their economy.
- You sometimes sign a Performance Agreement letter. Thus, you promise the province you intend to reside there and fulfill certain obligations. Of course, the name of the letter could be different in different provinces.
- Sometimes, you must post a Good Faith Deposit. Of course, the deposit is a significant amount that you lose if you leave the province without fulfilling certain promises to them.
As you can see, one can conclude that there is no way out of the province. However, keep reading to get the whole picture.
Protection under the Constitution Act
Under subsection 6(2) of the Constitution Act, 1982,
Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
(a) to move to and take up residence in any province; and
(b) to pursue the gaining of a livelihood in any province.
By reading this section, you will realize that you may live and work anywhere in Canada as soon as you become a permanent resident of Canada. Of course, there is no law above the Constitution Act. In other words, no Canadian province may pass a law to prevent its residents from leaving the province. Can we then conclude you may move out of the province despite a PNP immigration? Keep reading!
Misrepresentation allegations
If you apply under PNP, but you intend to move out of the province, you are committing misrepresentation. Of course, if you are not familiar with the concept, read the following article:
Not every PNP immigrant who moves out of the province is misrepresenting. Sometimes, there are legitimate reasons for the decision. For example, you can’t secure a job in the province, and you have no choice but to move out to make a living. However, if the province suspects you have misrepresented, they could ask IRCC to revoke your permanent resident status. However, the burden of proof is on IRCC to show you actually misrepresented.
Ask your questions
If you have an immigration-related question, fill out the following form. Of course, I’ll do my best to answer general questions under the Q&A category. A general question is like the one I answered here (i.e. Can I move out of province after PNP?). However, if the question is case-specific, I’ll advise you to book a consultation session.
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Al Parsai, MA, DTM, RCIC
Regulated Canadian Immigration Consultant
Ashton College Instructor – Immigration Consulting
Author – 88 Tips on Immigration to Canada
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