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
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:
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.
Under subsection 6(2) of the Constitution Act, 1982,
(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!
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.
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This article provides information of a general nature only. Considering the fluid nature of the immigration world, it may no longer be current. Of course, the item does not give legal advice. Therefore, do not rely on it as legal advice or immigration advice. Consequently, no one could hold us accountable for the content of these articles. Of course, if you have specific legal questions, you must consult a lawyer. Alternatively, if you are looking for immigration advice, book an appointment.
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