Captive in NB?

Old Dec 5th 2011, 7:21 pm
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Default Captive in NB?

We have applied for Permanent Residence under the NB Provincial Nominee Program, and have qualified through it. The passports are at the Canadian High Commission in London for the PR visas right now.

We have been to NB and are happy to move and settle there, I have no problem with that, but in the paperwork we signed, we have undertaken to migrate to and live in NB. Again, that is fine. I understand the position of the Secretariat for Population Growth, but the small print says, in effect, if we don't live in NB, this will be deemed a breach of trust, and they are at liberty to revoke the PR status and remove us from Canada, preventing any return within 2 years. Once again, fair enough, but surely this can't be permanent?!

The kids will no doubt move away and raise their own families, maybe in a different province. What if we want to go and live closer to them in another province? Are we unable to do this? What happens if one of us gets a job offer we can't refuse in another province, are we bound to stay put in NB?

As I say, I don't have any issues settling in NB, but in the longer term, what if circumstances change?

Any views or experience of such things? Many thanks in advance.

Cheers.
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Old Dec 5th 2011, 7:26 pm
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Default Re: Captive in NB?

Generally as long as you give it a decent go there wont be any repercussions in leaving NB in the long term.

In reality after 3 years you can apply for Cdn citizenship ayway, and after that is granted the right to move is enshrined anyway, so its not such a big deal. PNPs exist to try and get people to go to a region in the first place, the hope is you will then put down roots and stay on. Its a question of making the move "in good faith", if you moved on immediately there might be questions asked, but if you cant find work after a year or 6 months and move on then its not like you didnt give it a fair shot.

Last edited by iaink; Dec 5th 2011 at 7:31 pm.
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Old Dec 5th 2011, 7:30 pm
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Default Re: Captive in NB?

Various PNP agreements set out certain conditions for persons they sponsor under these programmes. Re read your agreement to say what it actually says. Now I know some Provinces MAY call you on the terms and agreements of your nomination as they took the chance on nominating you under this programme.
Look at it from their situation they nominated you for sponsorship at your request. Lets just say after several months you decide to change the terms they might feel hard done by and will look closely at further applicants.
If you had a business and hired employers under a contract/agreement how would you feel if they wanted to change it?

My own personal view only.
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Old Dec 5th 2011, 7:46 pm
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Default Re: Captive in NB?

There was quite a lot of discussion on this a while ago. If your search skills are better than mine you might be able to find the thread.

The collective conclusion was that a permanent resident is entitled to live and work anywhere in Canada.

However, someone seeking PR though PNP must have the intention of settling in the nominating province. If an immigration officer believes that you do not intend to settle in the nominating province before you become a PR they can decline to confer that status on you.

It was not clear, to us at least, to what extend the provinces, of the feds, could subsequently revoke PR if they later discovered you had no intention of settling in the nominating province. We recognized that life is not perfect and that you might get laid off from your job in one province, and you can only find work in another. We don't think you are expected to stay where you are and starve.

Therefore our conclusion was that you should make all reasonable attempts to settle in your province - get a driver's license, enroll your kids in school, join the medicare plan, buy a house/sign a lease, join the provincial professional or trades associations etc, etc, etc.

Or, as iaink said much more succinctly, give it a decent go.
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