Immigration Corner | Can I move to another province after Provincial Nomination?

Dear Miss Powell,

I am a Jamaican and I recently received Canadian Permanent Residency under the Manitoba Provincial Nominee Programme (PNP). I currently live in Manitoba, but my boyfriend lives in Alberta, and we are considering moving in together. I read that I can move based on ‘family reunification’, but I would love some guidance. When can I move without it affecting my immigration status?

AA

Dear AA,

While Canada is one country, immigration through the Provincial Nominee Programme is based on an applicant’s declared intention to live and work in the province that nominated them. That declaration carries legal weight and failing to honour it in good faith can have consequences.

WHAT DOES THE LAW SAY?

When you apply for permanent residency through a PNP, you sign forms confirming that you genuinely intend to reside in that province. Under the Immigration and Refugee Protection Act, section 40, a finding of misrepresentation is usually when an someone provides false information or withholds material facts. The courts have found that applying under a PNP without true intent to live there can amount to misrepresentation and face penalties under the act.

There are cases where the courts have decided against applicants who left their nominating provinces almost immediately after landing, with little or no attempt to establish ties. If you obtained your permanent residence status through misrepresentation you could you’re your status revoked and face removal from Canada.

DO I LOSE MY RIGHTS AS A PERMANENT RESIDENT?

If you did not misrepresent your true intentions and you have since developed a relationship with someone outside of the province and which to move, then your mobility rights are protected under the Canadian Charter of Rights and Freedoms which means that you are free to move to and live in any province or territory. The government cannot physically restrict your movement once you are legitimately a permanent resident.

However, the issue is about timing and good faith. Immigration officers may review your history if you later apply for citizenship, sponsor a family member, or apply to renew your PR card. If your file suggests you never intended to live in Manitoba, that could trigger questions or even a misrepresentation investigation.

WHEN CAN I MOVE?

There is no fixed period written in law. But in it is generally recommended that newcomers spend at least six to 12 months living, working, or studying in the nominating province. This demonstrates good faith and provides proof of your original intent. To prove your intent, you should be careful to keep documents such as leases, employment letters, tax returns and community involvement records, in case your intent is ever questioned.

DOES ‘FAMILY REUNIFICATION’ APPLY HERE?

That principle applies when applying for immigration and when there is a sponsorship application. This does not apply to moving within Canada after becoming a permanent resident. Since you are already a permanent resident, you do not need a new immigration programme to relocate. It is a personal choice, protected under the charter.

In short, you may move to Alberta if you wish, but it is wiser to spend some time in Manitoba first to show that you honoured your PNP commitment. By documenting your residence and activities, you will protect yourself from future immigration challenges and ensure that your citizenship or possible family sponsorship applications proceed smoothly.

Deidre S. Powell is a Canadian lawyer, mediator, and author of Tell Me a Story, Grandma. Contact her via www.deidrepowell.com or on Facebook or Instagram or Tel / WhatsApp 613-695-8777