Moving to Quebec with SW1-FED: Skilled Worker PR
#1
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Joined: Feb 2020
Posts: 22
Moving to Quebec with SW1-FED: Skilled Worker PR
Hello everyone,
My partner and I have got our new Canadian PR (SW1-FED: Skilled Worker – Federal) via Express Entry back at the end of 2018, where at the time we've picked "Vancouver, British Columbia" as our city of destination. We have soft landed in Toronto already, and have activated the card etc. We have had another PR back in the beginning of 2010s and have lived in Vancouver for over 2 years, but at that time it was CE1, and we couldn't renew it as we had to immediately move to UK after that.
Between getting the new PR (2018) and now, we have realized more and more that the best job opportunities offered to us are coming from Montreal, Quebec. Our industry is relatively small, and any offers in Vancouver have been quite bad, given the more expensive life cost that comes with Vancouver. Meaning that we now have the intention to move to Quebec, instead of British Columbia, and have not lived anywhere else in Canada since we got this second PR.
My main intent with this post is to find out if other people were in a similar situation than me, and to get realistic information about this. My main worry is with moving directly to Quebec, since I have selected a different destination in my COPR.
I am well aware about the QSWP and that if you intend to work in Quebec, you should apply via their Provincial Program. But I have also reached out to immigration lawyers; other people online and my Employer in Canada, and they all said that legally speaking, as soon as you get your PR Card, you are allowed to work and live anywhere, even if you did it via other programs. Of course this is not ideal, but CIC is well aware that this can happen sometimes, based on everyone's life circumstances. But again, I am still worried, and wanted to confirm this info with someone that have experienced the exact same scenario as me, and to find out if they had issues when applying for the citizenship later on.
A few bits of info that I found out online in regards to this:
Thank you so much for your time! I really appreciate it!
My partner and I have got our new Canadian PR (SW1-FED: Skilled Worker – Federal) via Express Entry back at the end of 2018, where at the time we've picked "Vancouver, British Columbia" as our city of destination. We have soft landed in Toronto already, and have activated the card etc. We have had another PR back in the beginning of 2010s and have lived in Vancouver for over 2 years, but at that time it was CE1, and we couldn't renew it as we had to immediately move to UK after that.
Between getting the new PR (2018) and now, we have realized more and more that the best job opportunities offered to us are coming from Montreal, Quebec. Our industry is relatively small, and any offers in Vancouver have been quite bad, given the more expensive life cost that comes with Vancouver. Meaning that we now have the intention to move to Quebec, instead of British Columbia, and have not lived anywhere else in Canada since we got this second PR.
My main intent with this post is to find out if other people were in a similar situation than me, and to get realistic information about this. My main worry is with moving directly to Quebec, since I have selected a different destination in my COPR.
I am well aware about the QSWP and that if you intend to work in Quebec, you should apply via their Provincial Program. But I have also reached out to immigration lawyers; other people online and my Employer in Canada, and they all said that legally speaking, as soon as you get your PR Card, you are allowed to work and live anywhere, even if you did it via other programs. Of course this is not ideal, but CIC is well aware that this can happen sometimes, based on everyone's life circumstances. But again, I am still worried, and wanted to confirm this info with someone that have experienced the exact same scenario as me, and to find out if they had issues when applying for the citizenship later on.
A few bits of info that I found out online in regards to this:
https://www.cic.gc.ca/english/helpce...num=1113&top=6
"I am a new permanent resident in Canada. Can I live somewhere other than the “city of destination” on my Confirmation of Permanent Residence?
Yes, you can. As a permanent resident, you have the right to live, work or study anywhere in Canada.
However, if you became a permanent resident through the Provincial Nominee Program, the province that nominated you has chosen you to bring skills to their province."
and
"The Charter of Rights and Freedoms guarantees the right of all Canadians to freely move in the country and accept employment everywhere.
Once you are admitted as a PR you are free to live and work in the entire company.
Moreover the Federal Skilled Worker program isn't even province specific."
and
"You can live AND work anywhere in Canada as a PR or a Canadian citizen.
Generally speaking, it doesn't matter how you became a PR.
https://laws-lois.justice.gc.ca/eng/const/page-15.html
Mobility Rights
Marginal note:Mobility of citizens
"I am a new permanent resident in Canada. Can I live somewhere other than the “city of destination” on my Confirmation of Permanent Residence?
Yes, you can. As a permanent resident, you have the right to live, work or study anywhere in Canada.
However, if you became a permanent resident through the Provincial Nominee Program, the province that nominated you has chosen you to bring skills to their province."
and
"The Charter of Rights and Freedoms guarantees the right of all Canadians to freely move in the country and accept employment everywhere.
Once you are admitted as a PR you are free to live and work in the entire company.
Moreover the Federal Skilled Worker program isn't even province specific."
and
"You can live AND work anywhere in Canada as a PR or a Canadian citizen.
Generally speaking, it doesn't matter how you became a PR.
https://laws-lois.justice.gc.ca/eng/const/page-15.html
Mobility Rights
Marginal note:Mobility of citizens
- 6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
Marginal note:Rights to move and gain livelihood
(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.
Marginal note:Limitation
(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."
#2
Re: Moving to Quebec with SW1-FED: Skilled Worker PR
I am well aware about the QSWP and that if you intend to work in Quebec, you should apply via their Provincial Program. But I have also reached out to immigration lawyers; other people online and my Employer in Canada, and they all said that legally speaking, as soon as you get your PR Card, you are allowed to work and live anywhere, even if you did it via other programs.
But CIC also have the right to revoke PR if they feel it was obtained via misrepresentation i.e. you intended to live in Quebec all along. They can also revoke citizenship years down the line for PR misrepresentation. Whether it would happen is another matter, but even if the chance is only tiny is it worth risking having that hanging over your head? Personally I'd try moving somewhere else and giving it a go for a year, then moving to Quebec if you still can't find work etc - at least that way you can prove you tried to move to the rest of Canada and you're not risking your PR/citizenship.
#3
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Joined: Feb 2020
Posts: 22
Re: Moving to Quebec with SW1-FED: Skilled Worker PR
Yes, of course you can. You have a right to live anywhere in Canada as a PR.
But CIC also have the right to revoke PR if they feel it was obtained via misrepresentation i.e. you intended to live in Quebec all along. They can also revoke citizenship years down the line for PR misrepresentation. Whether it would happen is another matter, but even if the chance is only tiny is it worth risking having that hanging over your head? Personally I'd try moving somewhere else and giving it a go for a year, then moving to Quebec if you still can't find work etc - at least that way you can prove you tried to move to the rest of Canada and you're not risking your PR/citizenship.
But CIC also have the right to revoke PR if they feel it was obtained via misrepresentation i.e. you intended to live in Quebec all along. They can also revoke citizenship years down the line for PR misrepresentation. Whether it would happen is another matter, but even if the chance is only tiny is it worth risking having that hanging over your head? Personally I'd try moving somewhere else and giving it a go for a year, then moving to Quebec if you still can't find work etc - at least that way you can prove you tried to move to the rest of Canada and you're not risking your PR/citizenship.
I think my conclusion from this is that I should be careful, and make sure to keep any record that shows my "tentative" to live in Canada in places other than Quebec. And then if it comes to that later on when applying for Citizenship, I can bring these record with me and probably the help of another immigration lawyer.
I understand that this might be a risk, but I have already committed to the new job and can't afford waiting for another year in the UK. And as mentioned, I hope that I have enough ways to prove that my intention was never to go to Quebec in the first place.
Thank you again.
#4
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Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: Moving to Quebec with SW1-FED: Skilled Worker PR
Hello everyone,
My partner and I have got our new Canadian PR (SW1-FED: Skilled Worker – Federal) via Express Entry back at the end of 2018, where at the time we've picked "Vancouver, British Columbia" as our city of destination. We have soft landed in Toronto already, and have activated the card etc. We have had another PR back in the beginning of 2010s and have lived in Vancouver for over 2 years, but at that time it was CE1, and we couldn't renew it as we had to immediately move to UK after that.!
My partner and I have got our new Canadian PR (SW1-FED: Skilled Worker – Federal) via Express Entry back at the end of 2018, where at the time we've picked "Vancouver, British Columbia" as our city of destination. We have soft landed in Toronto already, and have activated the card etc. We have had another PR back in the beginning of 2010s and have lived in Vancouver for over 2 years, but at that time it was CE1, and we couldn't renew it as we had to immediately move to UK after that.!
Please be aware that Provinces have their own rules and regulations about who can settle there - and that's where your problem may be.. with Quebec requiring you to have gone through their FSW PR process. I would still recommend that for the first year you live in a rental in Ontario - near the border to Quebec and commute to your jobs in Montreal if necessary, to ensure you are not risking your hard earned PR for misrepresentation. https://www.canada.ca/en/immigration...sentation.html
#5
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Joined: Feb 2020
Posts: 22
Re: Moving to Quebec with SW1-FED: Skilled Worker PR
CE1 isn't Permanent Residency - it's a temporary work permit (TWP) - so you weren't Permanent Residents back in 2010, from the sound of it - or did you rescind your PR status or have your PR status removed? Were you on an IEC open work permit for 2 years, perhaps?
Please be aware that Provinces have their own rules and regulations about who can settle there - and that's where your problem may be.. with Quebec requiring you to have gone through their FSW PR process. I would still recommend that for the first year you live in a rental in Ontario - near the border to Quebec and commute to your jobs in Montreal if necessary, to ensure you are not risking your hard earned PR for misrepresentation. https://www.canada.ca/en/immigration...sentation.html
Please be aware that Provinces have their own rules and regulations about who can settle there - and that's where your problem may be.. with Quebec requiring you to have gone through their FSW PR process. I would still recommend that for the first year you live in a rental in Ontario - near the border to Quebec and commute to your jobs in Montreal if necessary, to ensure you are not risking your hard earned PR for misrepresentation. https://www.canada.ca/en/immigration...sentation.html
Thanks for sharing this link about Document fraud. To be fair, the more I read about it, the less worried I get. The main reason because I don' t fit with anything related to that, given that there wasn't any lie at any point during our immigration process. And if it ever gets to the point of an investigation, I am sure that I will have enough evidence to prove that our plan always was to move to Vancouver, and unfortunately it had to change recently.
I will still take in all of your comments and feedback, of course. And will try reaching out to more people to understand better the legal elements behind it and if there might be any consequences. So again, thank you so much for all the info. I truly appreciate it.
In regards to live in Ontario and commute to Montreal every day, that would be extremely hard for me, considering that we are currently not driving and also have dogs to take care at home.
Thank you!
Last edited by mpitillo; Feb 18th 2020 at 3:25 pm.