Posted on January 09 2020
Did you know that migrants selected through Canada’s PNP program for a PR visa have no actual obligation to settle in that province, but have the right to live and work in any province of Canada? This right is provided by Section 6 of the Canadian Charter of Rights and Freedoms. Under this section, permanent residents have the right to:
This is significant because an increasing number of potential migrants are applying for a PR visa to Canada under a Provincial Nomination Program (PNP).
However, the eligibility to exercise these rights are available only after receiving the PR visa.
Using PNP programs to gain backdoor entry to Canada:
This facility of free movement between provinces has the potential to be misused by PR applicants who do not qualify under the Federal Skilled Worker Program to gain entry to the country under PNP.
Quebec has seen this trend with only a fraction of its approved PR migrants settling down in the province.
Other provinces including Manitoba, Saskatchewan, Nova Scotia and Prince Edward Island which have their own skilled worker programs, also face this issue.
Checks and balances:
The Canadian government has implemented certain checks and balances to avoid the misuse of these rights and to encourage migrants to settle down in the province they have applied for under the PNP.
PR applicants who qualify under the PNP must display their intention to live in the province where they were nominated. If the immigration officials at the Port of Entry (POE) are not convinced, they can stop their entry and charge them with misrepresentation.
The PNP program was created with an intention to bring in immigrants who can contribute to the development of the province. So, they expect them to live in the province for a considerable period.
However, the Charter of Rights does not impose any restriction on immigrants on where they want to settle down. So, it is up to the provinces to filter applicants and choose immigrants who will settle in their territory. This will help prevent the misuse of the PNP to enter Canada.
Immigrants on their part must be clear about their intentions to choose their intended province in their applications to avoid any trouble in the future.
Canada provides its PR visa holders under the PNP, the right to settle down in any part of the country, immigrants will have to be careful not to misuse this right.
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Canada PR
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