Andrew Miller

http://canada.gc.ca/gazette/part2/pdf/g2-136x9.pdf

* Note - the size is 5.72 MB

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

S

Thanks,

S

"Andrew Miller" <millercitelus.net> wrote in message
news:[email protected]...
    > http://canada.gc.ca/gazette/part2/pdf/g2-136x9.pdf
    >
    > * Note - the size is 5.72 MB
    >
    > --
    >
    > ../..
    >
    > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
    > millercicanada.com (delete REMOVE and INVALID from the above address before
    > sending email)
    > ________________________________
    >
    >

Kd

Mr. Millar, I really appreciate your commendable work in this newsgroup.

I will further appreciate if you clarify the requirements for maintaining the
permanent residence status as mentioned in this document (I guess it is page 209 of
the PDF document), I only quote the relevant part ...

VII - OBLIGATIONS OF PERMANENT RESIDENTS - PART 5, DIVISION 2

Description <snip> ...., the permanent resident is physically present in
Canada or is:

- outside Canada accompanying a Canadian citizen who is his or her spouse or
common-law partner or is a child accompanying a parent;
- outside Canada employed on a full-time basis by a Canadian business or in the
public service of Canada or of a province; or
- is an accompanying spouse, ... <snip>

My question is: What is the interpretation for this obligation? Is it that one person
has to meet BOTH the requirements (first AND second, or first AND third dashed
requirements), or the person has to meet only ONE of the dashed requirements.

I find one important "or" missing between the first two dashed requirements, but I
may be wrong here in understanding the "legal" English.

Thank you,

/kd

"Andrew Miller" <millercitelus.net> wrote in message
news:[email protected]...
    > http://canada.gc.ca/gazette/part2/pdf/g2-136x9.pdf
    >
    > * Note - the size is 5.72 MB
    >
    > --
    >
    > ../..
    >
    > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
    > millercicanada.com (delete REMOVE and INVALID from the above address before
    > sending email)
    > ________________________________
    >
    >

Andrew Miller

You should read it as if *OR* was there between all dashed requirements.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"kd" <[email protected]> wrote in message
news:cs%[email protected]...
    > Mr. Millar, I really appreciate your commendable work in this newsgroup.
    >
    > I will further appreciate if you clarify the requirements for maintaining the
    > permanent residence status as mentioned in this document (I guess it is page 209 of
    > the PDF document), I only quote the relevant part ...
    >

    > VII - OBLIGATIONS OF PERMANENT RESIDENTS - PART 5, DIVISION 2
    >
    > Description <snip> ...., the permanent resident is physically present in
    > Canada or is:
    >
    > - outside Canada accompanying a Canadian citizen who is his or her spouse or
    > common-law partner or is a child accompanying a parent;
    > - outside Canada employed on a full-time basis by a Canadian business or in the
    > public service of Canada or of a province; or
    > - is an accompanying spouse, ... <snip>

    >
    > My question is: What is the interpretation for this obligation? Is it that one
    > person has to meet BOTH the requirements (first AND second, or first AND third
    > dashed requirements), or the person has to meet only ONE of the dashed
    > requirements.
    >
    > I find one important "or" missing between the first two dashed requirements, but I
    > may be wrong here in understanding the "legal" English.
    >
    > Thank you,
    >
    > /kd
    >
    > "Andrew Miller" <millercitelus.net> wrote in message
    > news:[email protected]...
    > > http://canada.gc.ca/gazette/part2/pdf/g2-136x9.pdf
    > >
    > > * Note - the size is 5.72 MB
    > >
    > > --
    > >
    > > ../..
    > >
    > > Andrew Miller Immigration Consultant Vancouver, British Columbia email:
    > > millercicanada.com (delete REMOVE and INVALID from the above address before
    > > sending email)
    > > ________________________________
    > >
    > >
    > >
    > >
    >

Alex Oren

On Fri, 14 Jun 2002 20:40:21 GMT, Andrew Miller wrote in
<[email protected]>:

    > http://canada.gc.ca/gazette/part2/pdf/g2-136x9.pdf

Incidently, Where can I find the selection criteria for Quebec? Does one have to
satisfy both in order to be eligible?

Best regards, Alex.

--
To email me, replace "myrealbox" with "alexoren". Sorry for the inconvenience. Blame
the spammers.

Andrew Miller

IRPA and it's Regulations don't change in any way Provincial selection criteria. For
Quebec immigration info go here:

http://www.immq.gouv.qc.ca/anglais/index.html

Note that it is not that easy to meet Quebec's criteria if one doesn't have job
offer there.

Only selection criteria are taken care by Provincial Nominee Programs - the visa is
issued by CIC anyway after holder of particular Provincial Selection Certificate
applies for immigration visa and meets all admissibility criteria.

Note that having a Provincial Selection Certificate and not being found
inadmissible to Canada doesn't guarantee that visa will be granted. See what
Regulations say about it:

87 (3) If the fact that the foreign national is named in a certificate referred to in
paragraph (2)(a) is not a sufficient indicator of whether they may become
economically established in Canada and an officer has consulted the government
that issued the certificate, the officer may substitute for the criteria set
out in subsection (2) their evaluation of the likelihood of the ability of the
foreign national to become economically established in Canada.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"Alex Oren" <[email protected]> wrote in message
news:[email protected]...
    > On Fri, 14 Jun 2002 20:40:21 GMT, Andrew Miller wrote in
    > <[email protected]>:
    >
    > > http://canada.gc.ca/gazette/part2/pdf/g2-136x9.pdf
    >
    > Incidently, Where can I find the selection criteria for Quebec? Does one have to
    > satisfy both in order to be eligible?
    >
    > Best regards, Alex.
    >
    > --
    > To email me, replace "myrealbox" with "alexoren". Sorry for the inconvenience.
    > Blame the spammers.

Alex Oren

On Fri, 21 Jun 2002 17:21:54 GMT, Andrew Miller wrote in
<[email protected]>:

    > IRPA and it's Regulations don't change in any way Provincial selection criteria.

Doe that mean that one may not qualify under the IRPA but still be accepted
for Quebec?

    > For Quebec immigration info go here:
    >
    > http://www.immq.gouv.qc.ca/anglais/index.html

Thank you.

    > Note that it is not that easy to meet Quebec's criteria if one doesn't have job
    > offer there.

Since computer science is considered "favored training" and programmers are "in
demand", the situation is not so bad...

    > Only selection criteria are taken care by Provincial Nominee Programs - the visa is
    > issued by CIC anyway after holder of particular Provincial Selection Certificate
    > applies for immigration visa and meets all admissibility criteria.

If I understand correctly, the Quebec immigration program is different from the
provincial nominee programs in that it is not employer-driven.

However, I may be wrong. Is it possible to qualify for a provincial nominee program
without a validated job offer? For which provinces?

Another question: if one qualifies for a provincial nominee program, is there a
requirement for staying in that province for a certain amount of time? What happens
if the immigrant decides that he/she wants to relocate before that time expires?

Yet another question: Can one apply for several provinces concurrently?

    > Note that having a Provincial Selection Certificate and not being found
    > inadmissible to Canada doesn't guarantee that visa will be granted.

Of course.

Best regards, Alex.

--
To email me, replace "myrealbox" with "alexoren". Sorry for the inconvenience. Blame
the spammers.

Andrew Miller

Alex,

There is no much sense applying at this moment for any PNP other than Quebec for one
simple reason - each Province with PNP has already 10 to 15+ times more applications
than their annual quotas for certificates. And all those Provinces will naturally
accept those with arranged employment first. Applying for any PNP with the intention
of circumventing federal selection criteria and without any intention to live in
particular Province is not a very good idea either, as Provinces are well aware of
this (you are not the first one to have the idea - where do you think all those tens
of thousands of applicants for PNP came from since December?) and are trying to make
sure that they have some mechanism in place to keep you there. This is why most of
them want you to have arranged employment and family ties in their Province.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"Alex Oren" <[email protected]> wrote in message
news:[email protected]...
    > On Fri, 21 Jun 2002 17:21:54 GMT, Andrew Miller wrote in
    > <[email protected]>:
    >
    > > IRPA and it's Regulations don't change in any way Provincial selection criteria.
    >
    > Doe that mean that one may not qualify under the IRPA but still be accepted
    > for Quebec?
    >
    > > For Quebec immigration info go here:
    > >
    > > http://www.immq.gouv.qc.ca/anglais/index.html
    >
    > Thank you.
    >
    > > Note that it is not that easy to meet Quebec's criteria if one doesn't have
job
    > > offer there.
    >
    > Since computer science is considered "favored training" and programmers are "in
    > demand", the situation is not so bad...
    >
    > > Only selection criteria are taken care by Provincial Nominee Programs - the visa
    > > is issued by CIC anyway after holder of particular Provincial
Selection
    > > Certificate applies for immigration visa and meets all admissibility
criteria.
    >
    > If I understand correctly, the Quebec immigration program is different from the
    > provincial nominee programs in that it is not employer-driven.
    >
    > However, I may be wrong. Is it possible to qualify for a provincial nominee program
    > without a validated job offer? For which provinces?
    >
    > Another question: if one qualifies for a provincial nominee program, is there a
    > requirement for staying in that province for a certain amount of time? What happens
    > if the immigrant decides that he/she wants to relocate before that time expires?
    >
    > Yet another question: Can one apply for several provinces concurrently?
    >
    > > Note that having a Provincial Selection Certificate and not being found
    > > inadmissible to Canada doesn't guarantee that visa will be granted.
    >
    > Of course.
    >
    >
    > Best regards, Alex.
    >
    > --
    > To email me, replace "myrealbox" with "alexoren". Sorry for the inconvenience.
    > Blame the spammers.

Alex Oren

On Tue, 25 Jun 2002 19:45:17 GMT, Andrew Miller wrote in
<[email protected]>:

    > Alex,
    >
    > There is no much sense applying at this moment for any PNP other than Quebec for
    > one simple reason - each Province with PNP has already 10 to 15+ times more
    > applications than their annual quotas for certificates. And all those Provinces
    > will naturally accept those with arranged employment first.

Understood. Thanks.

    > Applying for any PNP with the intention of circumventing federal selection criteria
    > and without any intention to live in particular Province is not a very good idea
    > either, as Provinces are well aware of this (you are not the first one to have the
    > idea - where do you think all those tens of thousands of applicants for PNP came
    > from since December?) and are trying to make sure that they have some mechanism in
    > place to keep you there. This is why most of them want you to have arranged
    > employment and family ties in their Province.

There is no "intention of circumventing" (at least not on my part, as I have landed
over 2 years ago). I am wondering about the options of a provincial nominee or a
Quebec immigrant who may not successfully adapt.

So let's take a hypothetical case of a person immigrating to Quebec (let's assume
that the person does not meet the IRPA selection criteria). If, some time after
landing, that person secures a wonderful job offer from another province (or just
decides that he/she prefers to live in an anglophone province) are there any factors
that will prevent the person from relocating?

Best regards, Alex.

--
To email me, replace "myrealbox" with "alexoren". Sorry for the inconvenience. Blame
the spammers.

Andrew Miller

Not in the Quebec program - at least such restriction is not there at this time. But
you don't know what may be there at a time when person applying now will become a PR.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"Alex Oren" <[email protected]> wrote in message
news[email protected]...
    > On Tue, 25 Jun 2002 19:45:17 GMT, Andrew Miller wrote in
    > <[email protected]>:
    >
    > > Alex,
    > >
    > > There is no much sense applying at this moment for any PNP other than
Quebec
    > > for one simple reason - each Province with PNP has already 10 to 15+ times
more
    > > applications than their annual quotas for certificates. And all those
Provinces
    > > will naturally accept those with arranged employment first.
    >
    > Understood. Thanks.
    >
    > > Applying for any PNP with the intention of circumventing federal selection
    > > criteria and
without
    > > any intention to live in particular Province is not a very good idea
either, as
    > > Provinces are well aware of this (you are not the first one to have the
idea -
    > > where do you think all those tens of thousands of applicants for PNP came
from
    > > since December?) and are trying to make sure that they have some mechanism
in
    > > place to keep you there. This is why most of them want you to have arranged
    > > employment and family ties in their Province.
    >
    > There is no "intention of circumventing" (at least not on my part, as I have landed
    > over 2 years ago). I am wondering about the options of a provincial nominee or a
    > Quebec immigrant who may not successfully adapt.
    >
    > So let's take a hypothetical case of a person immigrating to Quebec (let's assume
    > that the person does not meet the IRPA selection criteria). If, some time after
    > landing, that person secures a wonderful job offer from another province (or just
    > decides that he/she prefers to live in an anglophone province) are there any
    > factors that will prevent the person from relocating?
    >
    >
    > Best regards, Alex.
    >
    > --
    > To email me, replace "myrealbox" with "alexoren". Sorry for the inconvenience.
    > Blame the spammers.

Alex Oren

On Tue, 25 Jun 2002 20:04:05 GMT, Andrew Miller wrote in
<[email protected]>:

    > Not in the Quebec program - at least such restriction is not there at this time.
    > But you don't know what may be there at a time when person applying now will
    > become a PR.

So, if I understand correctly, currently immigrants to Quebec have two possible
alternatives:

1. Applying under the Quebec selection criteria (specifying Quebec as the
destination.

2. Applying under the IRPA selection criteria (specifying another province as the
destination) and relocating to Quebec after landing.

Best regards, Alex.

--
To email me, replace "myrealbox" with "alexoren". Sorry for the inconvenience. Blame
the spammers.

Andrew Miller

Yes. Note that in the alternative (1) below application for CSQ (Quebec Selection
Certificate) must be first filed with Quebec immigration and after CSQ is granted PR
visa application has to be filed under IRPA.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"Alex Oren" <[email protected]> wrote in message
news:[email protected]...
    > On Tue, 25 Jun 2002 20:04:05 GMT, Andrew Miller wrote in
    > <[email protected]>:
    >
    > > Not in the Quebec program - at least such restriction is not there at this time.
    > > But you don't know what may be there at a time when person applying
now
    > > will become a PR.
    >
    > So, if I understand correctly, currently immigrants to Quebec have two possible
    > alternatives:
    >
    > 1. Applying under the Quebec selection criteria (specifying Quebec as the
    > destination.
    >
    > 2. Applying under the IRPA selection criteria (specifying another province as the
    > destination) and relocating to Quebec after landing.
    >
    >
    > Best regards, Alex.
    >
    > --
    > To email me, replace "myrealbox" with "alexoren". Sorry for the inconvenience.
    > Blame the spammers.