bhalerao

Can any body tell me if I can stay outside quebec once I get visa for canada but I am CSQ applicant.

Thanks

Andrew Miller

While Canadian Charter of Rights guarantees everyone (citizens and permanent residents) freedom of movement you are the one who by applying for PR visa with CSQ is declaring (and signing) your intentions to settle in Quebec. On the basis of this declaration you are allowed to go through CSQ process and circumvent federal selection criteria. If it is found that you have no intention to live in Quebec and/or that you didn't make any effort after landing to establish permanent residency in Quebec then your PR status may be revoked as obtained fraudulently. Your own signed declaration gives the CIC the tool to revoke your status.

bhalerao

Thanks Andrew Miller,

I did'nt know about this thing before you told me. I would like to ask one more question. Can I show immigration officer when I land in canada that the funds for settelment is bank and I dont bring the draft along with me. I am currently in Paris and have an account with the local bank. I can get the attestation from the local bank that have sufficient funds. Will this attestion work when I land on the canadian port.

Thx

Andrew Miller

You may try, but there is no guarantee that it will be accepted. It is not worth the risk flying all the way from Paris just to find out that you are not allowed to land because of proof of funds not being accepted.

And what you didn't know? When applying for PR visa with your CSQ you have signed the declaration (at the end of Schedule 5) as follows:

-----------------------
Declaration
I declare that my family members and I intend to live in the Province of Quebec.
-----------------------

And the above declaration is the main factor allowing you to immigrate through Quebec program. You have signed it and you don't know what you were signing?

bhalerao

Thankyou Andrew,

Your consultation and information has been very useful. I will try and directly go the CHC Paris and ask about it.

Thanks once again.
Cheers.

juliusmaximus

I know this is an old one, I'm sorry, but I've been thinking about this declaration you have to sign to obtain a CSQ.
In fact, you sign that you have the intention to live in Quebec.
There is legally nothing wrong with having had that intention and changing your intentions after a while . In fact, you didn't declare you will be living in Quebec, only had the intention to do so at time of application.
I should have thought about that before applying federal, would have cut my waiting time in half by doing it through Quebec.

JAJ

If you land in Quebec, and then get on the next plane to BC (for example) then you will have a difficult time showing you *ever* had the intention to live in Quebec should CIC investigate you.

On the other hand if you land in Quebec, spend 6 months there and make an effort to settle, and then decide to move elsewhere in Canada, it's much safer as then it would be hard to prove you had such intention beforehand.

Also - just because you meet federal criteria does not automatically mean you would meet Quebec's criteria, as the two are different.

Jeremy

Andrew Miller

By the same token if you changed your intentions then you should return CSQ and re-apply through federal program. You are not a PR until you land and if you change intentions before landing then it is your obligation to return CSQ. If you land in Quebec and shortly after move to another Province, without making any effort to establish permanent residence in Quebec then both, Quebec and CIC may have full right to use the declaration you signed.

More - now the declaration is a completely separate form, not the part somewhere at the end of another form, so nobody can claim not seeing what they sign.

JAJ

Have you heard of CIC taking any such action for now, or is it an option for the future?

And the same goes (I presume) for the PNP programs.

Jeremy

juliusmaximus

Well, anyway, it is open for discussion, and I doubt they'll have a case if it would ever show up in court . I actually doubt they would risk anybody fighting them in court and creating a precedent , it would probably show that signing sortalike "contract" with any particulary province is unconstitutional.

Andrew Miller

There were cases in the past and expect more to come as just for making it easier to enforce it the declaration to establish permanent residence and live in nomonating Province is now a separate form to be signed. Why would CIC and nominating Provinces need such declaration signed if they wouldn't have any intention to enforce it in the first place?

Andrew Miller

Why "unconstitutional"???

You want to circumvent federal rules because it may be easier for you to qualify under Provincial program - you get the chance by making a deal to settle in nominating Province. Province gives you selection certificate and federal selection criteria no longer apply to you. You got something in exchange for your commitment - now it is time to keep your part of the deal.

juliusmaximus

Not easier, faster. You're mixing fairplay with the right to go and live wherever you want as a permanent resident. I was referring to this :
http://lois.justice.gc.ca/fr/charte/...ml#circulation
and , I might be wrong on this but doesn't federal law overrules provincal law ?

JAJ

Your declaration of intent to live in the sponsoring province (for CSQ/PNP applicants) is made to the federal goverment (CIC) - not to the provincial government.



Jeremy

juliusmaximus

I rest my case .
Cheers