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Settling in Canada: Provincial Nomination vs Federal Immigration

An increasing number of immigration applicants are turning to Canada's provincial nomination programs. However, the process of immigration via provincial programs differs significantly from federal routes. Let's delve into the implications of being nominated by a province or territory and the associated obligations to settle there.

Understanding Mobility Rights

The Canadian Charter of Rights and Freedoms grants both permanent residents and citizens the freedom to live and work in any province in Canada. This means that once you obtain permanent resident status, whether through federal or provincial immigration programs, you have the liberty to relocate anywhere across the country.

Applicants Nominated by a Province or Territory

Under Paragraph 87(2)(b) of the Immigration and Refugee Protection Regulations (IRPR), individuals become members of the provincial nomination class if they intend to reside in the nominating province or territory. Provinces and territories have the task of creating attractive conditions to lure and retain immigrants under local immigration programs.

Applicants applying through provincial or territorial nomination programs must adhere to program requirements and maintain honesty throughout the application process. It's crucial to have a genuine intention to settle in the nominated province upon landing and to make sincere efforts to establish residency before considering relocation.

Demonstrating Intent to Reside

Various documents can be used to establish the intent to reside in a specific province. These may include evidence of current or previous employment, job offers or applications, educational pursuits, volunteer work, property agreements, professional affiliations, family ties, social connections, and previous visits to the province.

Consequences of Misrepresentation

If an applicant fails to uphold their intention to reside in the nominating province or territory, they may face serious repercussions. Non-compliance could lead to allegations of misrepresentation and potential loss of permanent resident status.

Federal Government Nominees

In contrast, individuals selected through federal immigration programs are not obligated to commit to a particular province or territory. This grants them the freedom to choose their place of residence upon arrival in Canada.

Seeking Legal Guidance

For individuals nominated by a province or territory, or those seeking clarity on program requirements, consulting with an authorized immigration lawyer is advisable. They can provide tailored advice to navigate the complexities of the immigration process effectively.

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