Eleven of thirteen Canadian provinces and territories – all except for Quebec and Nunavut – offer provincial nominee programs (PNPs). A provincial nomination does not automatically lead to, but greatly increases chances of securing permanent residency (PR). For example, applicants within the PNP-Express Entry stream receive extra 600 points upon being nominated, which often bumps their total number of points within the Comprehensive Ranking System enough to win the draw. Throughout the pandemic, while the government temporarily stopped to draw from the general Express Entry pool of applicants, the PNP draws have remained one steady mechanism for the interested to emigrate to Canada. Based thereon, the PNPs continue to be an attractive option for many immigrants.

A common part of all the immigration streams under the PNPs is the applicant’s promise and “intent to settle” and live in the province or territory, for which they apply. Naturally, the questions arise: how long do I have to live in the nominating province/territory? Can I move out upon becoming a permanent resident or am I stuck? The current law offers no concrete answer. I suggest some guidance as to what the answer might or should be below and in Part II of this piece, including why you should beware of your “friends” and how we should change the PNP system in light of the recent COVID-19 lessons.

Once a PNP-Express Entry application is successful, an applicant will receive a Confirmation of Permanent Residence (CoPR). It is important to remember that you are not a permanent resident until your CoPR is signed. Why does it matter? Because with the moment of becoming a resident, you become protected by the Canadian Charter of Rights and Freedoms (i.e. Constitution Act, 1982).

Under the Charter, Section 6(2), “[…] 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.” These so-called mobility rights are equally applicable to Canadian citizens. Obviously, there is no law above the Constitution, however, the Constitution itself provides a limitation. Its Section 6(3) subjects said rights to any provincial laws or practices (other than the discriminatory ones “on the basis of province of present or previous residence”).

1. If you are not a resident yet, i.e. your application is still pending or you have just received but did not have signed your CoPR:

If you change your mind as to where you want to live in Canada, your provincial nomination will be revoked or your application will be outright denied, and you will be refused the PR status. In practice, it might occur when for instance, you arrive at the Canadian boarder with your unsigned CoPR and share with the immigration officer who is about to sign your CoPR that you intend to now live in an area other than the nominating province/territory.

Why such consequences upon your change of mind? Because you ‘misrepresented’ your ‘intent’ of residing in the nominating province/territory and your intent is one of the material facts affecting the IRCC’s decision over your application. Misrepresentation is a legal offense. As a result, you might become inadmissible to Canada for five years, i.e. you will not be let in or alternatively, if already here, you will be issued a removal order. Dependent on your situation, you could also face much more serious consequences such as monetary fines or imprisonment.

2. If you got your CoPR signed and officially became a permanent resident:

First of all, congratulations! You are now in your promised land and protected by the Canadian Constitution. Your rights are still curbed, however, by the promise you made within your PNP-Express Entry immigration application. If nominated by, for instance, Manitoba or New Brunswick, you already signed so-called commitment to reside in the given province.