When candidates become a Canadian Permanent Resident through one of the Provincial Nominee Programs, moving out of the province that nominated them can be a little difficult. Indeed, when they apply to receive a provincial nomination, they sign a letter showing their intent to reside in the province, and in some cases like in Manitoba, they even sign a commitment to settle with them.
The fact of the matter is one of the principal reasons why provinces grant a nomination is for one to settle in the province and contribute to its economic growth.
It sometimes happens that a province withdraws its provincial nomination before the permanent residency status is granted. This will happen if a person living in a province, applies and receives a provincial nomination, and then leaves the province before the PR application is processed and PR status granted.
As soon as a person receives PR status, that individual is protected by the Canadian Charter of Rights and Freedoms and its Article 6 (“Mobility Rights” ). Unfortunately, some might think that these rights guarantee free movement from one province to another, however, there are some limitations to these rights, and one of the most essential is the Provincial Nominee Programs (PNP).
But nowhere in the law is there a minimum stay period in the nominating province. The law on this point is not clear and open to the interpretation of mobility.
This is why one needs to be careful when deciding to leave a province that nominated them after getting PR status. Some provinces may come after these individuals, requesting IRCC to revoke your PR status on the grounds of misrepresentation.
Some provinces will say that they misrepresented their intention to settle or live in the province. If this request goes through and they are found to have misrepresented their intent, they will be deported and be inadmissible to enter Canada for Five (5) years.
When Can One Move Out Of The Nominating Province?
Immediately after the PR status is granted (after your CoPR is signed at the Port of Entry), you should definitely go and settle or live in the province that nominated you. The question that many immigrants often ask themselves is for how long should I stay?
There is no definite answer as there is nothing clear in the law about this matter. What you have to know is that a province can try and cancel your PR status if they feel that you misrepresented your intentions to stay in the province. This is why it is essential to bear in mind that you need to show and document your intent
Some people wait as little as two (2) months when they get their PR card, and then move out to another. This is not recommended as obtaining the PR card has nothing to do with getting meets the PR status.
Some others will wait up until they meet their 730 days (2 years) PR requirement, as the intention is firmly proved and the risk of a revoked PR status would appear very low.
Either way, a period of stay of one (1) to two (2) years would seem to be sufficient to prove the initial intent to stay in the province.