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Every Canadian citizen and permanent resident is entitled to mobility rights as per Section 6 of the Canadian Charter of Rights and Freedoms. The charter has ensured for every permanent resident the right to move, settle and earn a livelihood anywhere in the country.
Section 6(2) of the Canadian Charter of Rights and Freedoms states:
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
It means you can move anywhere in Canada as a permanent resident.
Canada does not have any rules that require permanent residents to stay in a particular province. But the case is a bit different for PNP immigrants. The primary aim of the provincial nominee programs is to attract immigrants who can contribute towards the province’s economy. So obviously, the provinces want their nominees to stay in their province permanently. In their case, Canada has made provisions to ensure that the PNP immigrants are not using Provincial Nominee Programs (PNPs) for a back-door entry to the country.
Many PNP immigrants want to leave the province of their nomination and move to another province immediately after landing. But provincial authorities can prosecute them for misrepresentation. Because, when a person accepts the nomination of a province, he expressed his intention to live in the country that nominated him. In such cases, there are also chances for the permanent residency status of the immigrant to be declined or rejected.
But there is one way for PNP immigrants to move to another province. It is by proving that the province that nominated them could not provide an occupation in their nominated NOC. But the provincial authorities must be convinced that the concerned person tried his best before deciding to move to another province.
Following are a few things that you can do as a provincial nominee before moving to another province in order to avoid landing in troubles:
- Look for another job in the province that nominated you
- Document all your job searching activities
- Approach the office of immigration in your province
- Let the officials know the efforts you have taken to find a job
- If the officials are convinced about your reason to move to another province, you will be allowed to leave
Remember, it is ideal to get the province’s approval for your decision to move in writing
Want to know more about Provincial Nominee Programs and Canada immigration? Contact us now!
Murtaza says:
Hi,
Me and wife were nominated by SINP and we have landed in Canada few days before in Regina (Sasketchwan)
I am secondary applicant and my wife is primarily applicant.
Being a secondary applicant can I move to some other province for finding a job and settling there? Will there be any legal consequences for me if I don’t reside in sasketchwan for two years and move to other province say Alberta within 2months of my first landing in Canada.
Kindly advise.
Customer Support says:
When you become a Permanent Resident (PR) through one of the PNP moving out of the province that nominated you is a little trickier. As soon as you get the PR status, you are protected by the Canadian Charter of Rights and Freedoms and its Article 6 (Mobility Rights ). Some might think that these rights guarantee free movement between provinces, however, there are some limitations to these rights, and one of the most important is the Provincial Nominee Programs (PNP). But nowhere in the law is there a minimum stay period in the nominating province. The law on this point remains ambiguous and open to interpretation. This is why you need to be careful when deciding to move out a province that nominated you after getting PR status. This province can come after you, requesting IRCC to revoke your PR status on the grounds of misrepresentation. Indeed, the province will say that you misrepresented your intent to stay in the province and had no intention in residing and living in the province. If this request goes through and you are found to have misrepresented your intent, you will be deported and be inadmissible to enter Canada for 5 years.