The Express Entry system is designed for applicants for permanent residence who wish to settle in any province or territory of Canada, with the exception of Quebec. This section explores the implications of moving to Quebec after obtaining permanent residency via Express Entry, as well as the potential consequences.
Obligation to reside in a province other than Quebec
When an applicant obtains permanent residency via Express Entry, he or she generally undertakes to reside in a Canadian province or territory other than Quebec. Indeed, Express Entry does not cover Quebec, which uses its own system, Arrima, to manage applications for permanent residency.
Consequences of moving to Quebec after Express Entry
Refusal of citizenship
One of the criteria for obtaining Canadian citizenship is proof of having lived in the province or territory where the permanent resident has undertaken to reside. If the Canadian authorities discover that the permanent resident has moved to Quebec without the initial or justified intention of residing in another province, this may be considered a breach of the commitment made when obtaining permanent residency. This could result in a refusal of the citizenship application.
Loss of permanent residence
If a permanent resident moves quickly to Quebec after obtaining status via Express Entry, immigration authorities may consider this a misrepresentation or a breach of the residency undertaking. As a result, an investigation could be launched, potentially leading to the loss of permanent resident status.
Inadmissibility for misrepresentation
False declarations to immigration authorities are taken very seriously. If a permanent resident has lied about his or her residency intention in order to obtain permanent residency via Express Entry and move to Quebec immediately thereafter, this may be considered fraud. Consequences can include:
- Inadmissibility: The permanent resident may be inadmissible to Canada for up to five years or more, depending on the seriousness of the misrepresentation.
- Legal procedures : In addition to inadmissibility, legal proceedings may be initiated, leading to fines or other penalties.
Acceptable reasons for moving to Quebec
There may be situations where moving to Quebec after obtaining permanent residency via Express Entry is justifiable. These situations must be well documented and presented to immigration authorities. Acceptable justifications may include:
- Job opportunities : A significant job offer in Quebec.
- Family reasons : The need to join family members for medical or personal reasons.
- Studies : Further studies at a Quebec institution.
In all cases, the final decision is at the discretion of the IRCC agent, and it is always best to do your utmost to avoid finding yourself in the situation of having to justify why you have not respected your obligations and the declarations made in your application for permanent residence.
Advice for permanent residents
- Documenting intentions : Keep evidence of your intentions and actions taken to settle in your chosen province or territory. This includes job searches, registrations for social or educational services, and housing rentals.
- Communicating with the authorities : If you need to move to Quebec, inform the immigration authorities of your situation and provide supporting evidence.
- Consult a lawyer or an immigration consultant: Before you make any significant decisions that could affect your permanent resident status, meet with an immigration consultant or lawyer to get the right advice for your particular situation and avoid legal consequences.
Conclusion
Settling in Quebec after obtaining permanent residency via Express Entry can have serious consequences if it is perceived as a misrepresentation or a breach of the residency undertaking. Applicants must be aware of their obligations and the legal implications of their actions. By carefully documenting their intentions and communicating with the authorities, permanent residents can avoid complications and maintain their status in full compliance.
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