还有这样的业务，我第一次听说，收藏了。
冬天没钱买机票啊，总不能一路竖个大拇指搭车过来吧，还是南下回美国，等到春暖花开再来一次呗。
拿了省提名 没在本省待过 入籍会有问题吗
- 主题发起人 desperatecat
- 发布时间 2018-07-18
冬天没钱买机票啊，总不能一路竖个大拇指搭车过来吧，还是南下回美国，等到春暖花开再来一次呗。
为什么不行？加拿大人很nice的，放心好了，你一路竖个中指过来都成。
哈哈 你知道的好多！
其实即使能和移民局打赢官司，但个人是肯定没有精力来搞的，所以重点还是不要惹麻烦。既然是拿了某省的提名移民，何不小住一下了解一下，也算是对这个省的一个回报和感谢。
听过一个移民公司老总所说，省提名移民在该省住一年就基本没事，做不到的就要做好各种麻烦的心理准备。
听过一个移民公司老总所说，省提名移民在该省住一年就基本没事，做不到的就要做好各种麻烦的心理准备。
从我google的结果看，这个基本是个moral obligation.
看来你还是没搞懂什么叫做契约精神，如果签订合约，就表明同意暂时放弃自己的某些权利，不知道和违宪有什么关系?
绝对这个词说的太绝对。
别听论坛上所谓的专业人士的意见，反正出了事，后果你自己承担，还是遵守规则最好，否则就赌运气吧。
最后编辑: 2018-07-19
楼主可以读一下这个
https://www.canadavisa.com/canada-i...ion-to-live-in-province-and-pr-status.502209/
One of the most frequently asked question I get is, can an applicant who applied under the PNP, or was given a Provincial nomination move out of the Province of his nomination. And if he can, under what circumstances and what is the procedure.
To answer this question, we need to understand the PR status and then dwell into the PNP program.
1. Understanding Permanent Resident status:
When your PR application is approved, a COPR issued, and a visa stamped in your passport, you are all ready to become a Canadian Permanent Resident. You will become a Permanent Resident as soon as you land in Canada and complete the formalities of getting the COPR stamped, your data entered in the system, and the CSBA officer allowing you to enter Canada as a PR.
Upon becoming a PR, you get all rights under the Canadian Constitution that as a Canadian Citizen has, except the right to vote and run for office. As a PR you may not be eligible for high level security clearance to work for jobs in intelligence, but apart from that, you can work for the government.
One of the many rights a PR would get is called the “Mobility Right.” Section 6 of the Canadian Charter of Rights and Freedoms, which is the same as the fundamental rights or bill of rights in other countries states:
6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
(2) 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.
(3) The rights specified in subsection (2) are subject to
a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and
b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.
(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.
If you carefully read Section 6(2), you will understand that as a PR, you have the right to move and settle in any part of Canada, including Quebec. Even if you mentioned in your application that you want to settle in Ontario and then changed your mind to settle in Montreal, you can do that as a FSW.
This is your fundamental right, which is guaranteed by the Canadian Constitution. As a PR, you don’t have to inform any authority on your intent to move, including the Province you are moving out of, or the Province you are moving to.
2. Understanding your obligation as a PNP nominee
When you filled your form for the PR, you were asked about your interest to reside in different provinces. Alternatively, you may have sent a letter of interest (“LOI”) to the province communicating your interest in moving to that province. It was in consideration of this Interest that you communicated, and having satisfied the Provincial nominee program requirements, the Province issued you a nomination, which gave you an additional 600 points.
It is important to understand that while Immigration is a federal subject, on which the federal government has complete control, the federal government has given certain privileges to Provinces to attract prospective immigrants to those provinces. PNP, is a part of that deal. However, even when a province nominates a prospective immigrant, it is the federal government through IRCC, which will make a final decision in whether to approve it or not.
There has been a case where a province nominated an applicant, but the IRCC refused his application citing concerns on his intent to settle in that province. The court held that it was the sole prerogative of the IRCC to make a decision and the Province can only nominate, but not have a final say on whom to admit and whom not to. This is why IRCC will ask for settlement plans from some PNP applicants to ensure that they are not using PNP as a means to seek in. (See Deol v. Canada (Minister of Citizenship and Immigration), 2013 FC 1147; and Noreen v. Canada (Minister of Citizenship and Immigration), 2013 FC 1169).
Now the important part - Section 6(3)(a) & (b) are subject to certain regulations and laws, and one of the most important is Provincial Nominee Program. Section 6(3)(a) & (b) create several limits to mobility rights. Laws requiring reasonable residence periods in order to qualify for social service programs, laws that do not discriminate on the basis of province of previous or present residence, and laws designed to improve conditions in areas of Canada with lower than average employment rates, are all exempted from the mobility rights guarantee in section 6. In other words, these types of provisions can infringe mobility rights, without being unconstitutional. Additionally, a law that is not saved by section 6(3) or (4) may be saved by analysis under section 1 of the Charter as being demonstrably justified in a free and democratic society. Until now there has been no case that I have come across dealing with the mobility rights and PNP. If you know of any, please let me know.
This mandates that an immigrant who immigrated under the PNP should remain in the province which nominated him for about 2 years to show his intention. This number is no where in the law, but reading the immigration laws and regulations, this is what people have derived. Even though an immigrant may have become a PR, he is subject to the limitations under Section 6(3)(a) & (b). While the law remains ambiguous, the more provinces are reporting PNP applicants who do not reside in the Province of nomination.
In the case of individuals where indications at the Port of Entry (POE) are that they no longer intend to reside in the nominating province/territory, they may be reported under section A44(1) for non-compliance with paragraph 87(2)(b) of the IRPR. At worst, where it becomes evident that an individual never intended to reside in the nominating province or territory, this could give rise to an allegation of misrepresentation, pursuant to paragraph 40(1)(a) of the IRPA. In the case few months some Provinces have been very actively pursuing this part and reporting immigrants. When reported for misrepresentation, the PR status can be cancelled and the applicant deported.
3. Does this mean that the PNP applicant can not leave the Province?
By moving to another province right after you get your immigrant status, your intentions may be questioned and you may be reported for misrepresentation. Here are a few things that you can do before you decide to leave the province that nominated you:
a. Actively look for other jobs within the nominating province.
b. Properly document your job hunting activities including the results for each job that you applied for.
c. Exhaust all means of finding employment inside the province.
If you don’t get job offers or if you’re offered a job but the offer you’re getting out of the province is for a higher position and for a significantly higher pay, then your move is justified. If you have these documented, your move to another Province would be justified and if questioned, you will have all the documents that you tried.
I hope this helps you understand what the PR status is, the mobility rights and your obligation under the PNP.
Your thoughts are welcome and if any of you has experience with the PNP, or would like to add, please do so.
https://www.canadavisa.com/canada-i...ion-to-live-in-province-and-pr-status.502209/
One of the most frequently asked question I get is, can an applicant who applied under the PNP, or was given a Provincial nomination move out of the Province of his nomination. And if he can, under what circumstances and what is the procedure.
To answer this question, we need to understand the PR status and then dwell into the PNP program.
1. Understanding Permanent Resident status:
When your PR application is approved, a COPR issued, and a visa stamped in your passport, you are all ready to become a Canadian Permanent Resident. You will become a Permanent Resident as soon as you land in Canada and complete the formalities of getting the COPR stamped, your data entered in the system, and the CSBA officer allowing you to enter Canada as a PR.
Upon becoming a PR, you get all rights under the Canadian Constitution that as a Canadian Citizen has, except the right to vote and run for office. As a PR you may not be eligible for high level security clearance to work for jobs in intelligence, but apart from that, you can work for the government.
One of the many rights a PR would get is called the “Mobility Right.” Section 6 of the Canadian Charter of Rights and Freedoms, which is the same as the fundamental rights or bill of rights in other countries states:
6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
(2) 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.
(3) The rights specified in subsection (2) are subject to
a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and
b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.
(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.
If you carefully read Section 6(2), you will understand that as a PR, you have the right to move and settle in any part of Canada, including Quebec. Even if you mentioned in your application that you want to settle in Ontario and then changed your mind to settle in Montreal, you can do that as a FSW.
This is your fundamental right, which is guaranteed by the Canadian Constitution. As a PR, you don’t have to inform any authority on your intent to move, including the Province you are moving out of, or the Province you are moving to.
2. Understanding your obligation as a PNP nominee
When you filled your form for the PR, you were asked about your interest to reside in different provinces. Alternatively, you may have sent a letter of interest (“LOI”) to the province communicating your interest in moving to that province. It was in consideration of this Interest that you communicated, and having satisfied the Provincial nominee program requirements, the Province issued you a nomination, which gave you an additional 600 points.
It is important to understand that while Immigration is a federal subject, on which the federal government has complete control, the federal government has given certain privileges to Provinces to attract prospective immigrants to those provinces. PNP, is a part of that deal. However, even when a province nominates a prospective immigrant, it is the federal government through IRCC, which will make a final decision in whether to approve it or not.
There has been a case where a province nominated an applicant, but the IRCC refused his application citing concerns on his intent to settle in that province. The court held that it was the sole prerogative of the IRCC to make a decision and the Province can only nominate, but not have a final say on whom to admit and whom not to. This is why IRCC will ask for settlement plans from some PNP applicants to ensure that they are not using PNP as a means to seek in. (See Deol v. Canada (Minister of Citizenship and Immigration), 2013 FC 1147; and Noreen v. Canada (Minister of Citizenship and Immigration), 2013 FC 1169).
Now the important part - Section 6(3)(a) & (b) are subject to certain regulations and laws, and one of the most important is Provincial Nominee Program. Section 6(3)(a) & (b) create several limits to mobility rights. Laws requiring reasonable residence periods in order to qualify for social service programs, laws that do not discriminate on the basis of province of previous or present residence, and laws designed to improve conditions in areas of Canada with lower than average employment rates, are all exempted from the mobility rights guarantee in section 6. In other words, these types of provisions can infringe mobility rights, without being unconstitutional. Additionally, a law that is not saved by section 6(3) or (4) may be saved by analysis under section 1 of the Charter as being demonstrably justified in a free and democratic society. Until now there has been no case that I have come across dealing with the mobility rights and PNP. If you know of any, please let me know.
This mandates that an immigrant who immigrated under the PNP should remain in the province which nominated him for about 2 years to show his intention. This number is no where in the law, but reading the immigration laws and regulations, this is what people have derived. Even though an immigrant may have become a PR, he is subject to the limitations under Section 6(3)(a) & (b). While the law remains ambiguous, the more provinces are reporting PNP applicants who do not reside in the Province of nomination.
In the case of individuals where indications at the Port of Entry (POE) are that they no longer intend to reside in the nominating province/territory, they may be reported under section A44(1) for non-compliance with paragraph 87(2)(b) of the IRPR. At worst, where it becomes evident that an individual never intended to reside in the nominating province or territory, this could give rise to an allegation of misrepresentation, pursuant to paragraph 40(1)(a) of the IRPA. In the case few months some Provinces have been very actively pursuing this part and reporting immigrants. When reported for misrepresentation, the PR status can be cancelled and the applicant deported.
3. Does this mean that the PNP applicant can not leave the Province?
By moving to another province right after you get your immigrant status, your intentions may be questioned and you may be reported for misrepresentation. Here are a few things that you can do before you decide to leave the province that nominated you:
a. Actively look for other jobs within the nominating province.
b. Properly document your job hunting activities including the results for each job that you applied for.
c. Exhaust all means of finding employment inside the province.
If you don’t get job offers or if you’re offered a job but the offer you’re getting out of the province is for a higher position and for a significantly higher pay, then your move is justified. If you have these documented, your move to another Province would be justified and if questioned, you will have all the documents that you tried.
I hope this helps you understand what the PR status is, the mobility rights and your obligation under the PNP.
Your thoughts are welcome and if any of you has experience with the PNP, or would like to add, please do so.
最后编辑: 2018-07-19
还是投机取巧在作怪，既然不喜欢在这个省生活，那又何必去拿这个省的提名名额呢？省提名的目的就是要促进本地经济发展，只拿名额移民却不提贡献，是不是有道德上的欠缺？！
不只是道德问题，而且撒谎构成欺诈，可能涉及到违法，不一定每一个投机取巧的人都会被抓，但是，不代表这样做是正确的，自己始终胆战心惊的生活，有意思吗?
反正这样的事都是自己决定的，至于如果有后果发生，那么也是自己要扛的，也许在最终司法上会赢移民局，但是官司所耗的精力以及精神压力是不是能承受？
要避免这些，就安分守己滴在提名省住了个把年再走吧，道义上心理上会轻松很多。
不不不，住几年走也是欺诈，省提名和婚姻一样，要一辈子的好
谁告诉你省里没有向cic举报的机制? 你看过提名信被注销的样子吗？
这个每个人自我理解不同，省移民局PNP也不会强制你不准搬。
论坛上的某些所谓的专业人士，言语间坦然法律精英人士，却对法律一知半解，连基本的法律常识都不懂，动不动搬出违宪的大帽子，站在法律的制高点上慷慨激昂，呵呵，建议这些朋友不要出来误导别人就好，有时间多读读tototo同学贴出的英文文章。
哇，要这么长啊。
是啊是啊，入籍了也没用哦
呵呵，这就是某些国人小聪明淋漓尽致的发挥了，住一天，一年，一辈子？有必要，将来到法庭上跟法官去抗辩吧。
你这是在打楼里某些童鞋的脸啊。
加拿大政府可要小心了，楼里的法律精英会告你们违宪的。。。
注册或登录来发表评论
您必须是注册会员才可以发表评论
注册帐号
注册帐号. 太容易了!
登录
已有帐号? 在这里登录.
Similar threads
