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Rules for permanent resident after sponsorship?
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XpertGamer17 View Drop Down
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Joined: 27 Apr 2011
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Points: 6 		Post Options Post Options   Thanks (0) Thanks(0)   Quote XpertGamer17 Quote  Post ReplyReply Direct Link To This Post Topic: Rules for permanent resident after sponsorship?
    Posted: 27 Apr 2011 at 11:40am
I got sponsored by my brother for immigration via the Saskatchewan program and now I will gain permanent resident status along with my family when I reach Canada. Is it necessary that I have to spend my time in Saskatchewan? Can't I live somewhere else, like in Toronto? Please help me in this matter as my son got admission in a university out of Saskatchewan. This website quotes that a permanent resident and dependents can 'live, work or study anywhere in Canada.' Please mention an authentic source with your answer. Thank you very much!
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dpenabill View Drop Down
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Points: 6407 		Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 27 Apr 2011 at 12:38pm
Some programs have specific conditions which attach to the grant of PR. I am not sure which program you are referring to, but the condition should be clearly stated in the information regarding the program, and in the communication you receive accompanying the receipt of either the request for the passport, or accompanying the return of the passport with the PR visa. Probably was also specified in the materials describing the application process.

That said, the condition probably (again, I do not know your program in particular) will specifically apply to the primary applicant, meaning, I gather, you, and thus you are the one who will have to show compliance with the condition. Your accompanying family members' status as PRs will be (as I understand things) dependent on your compliance with the condition.

So, as I understand it, an accompanying dependent child will not be required to work or reside in a particular location, or to otherwise meet the terms of the specific condition that applies to you, and they will be and can continue to be a PR so long as you meet the condition. So your son should be able to attend university anywhere in Canada regardless if you are required to be located in Saskatchewan.

Should note, again, however, I am not sure if or to what extent a condition will be applied to your PR, but I suspect there is one and that it will require you (personally, but not your accompanying family members) to reside in Saskatchewan for a specified period.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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Harmonia View Drop Down
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Points: 609 		Post Options Post Options   Thanks (0) Thanks(0)   Quote Harmonia Quote  Post ReplyReply Direct Link To This Post Posted: 27 Apr 2011 at 3:58pm
Dpen -- I answered the same thread in a different forum.  The case here is someone sponsored through the SINP (Saskatchewan) provincial program. 
 
I hunted around to see if there were hard and fast 'conditions' or obligations -- but there was nothing concrete on the Sask site, or other related ones.  Yes, of course it's a program designed to attracted qualified immigrants to the respective provinces - but the question is:  are there actual enforceable conditions?
 
I suspect there are - but can't find anything in writing saying what the consequences are if you don't live up to those conditions.  My suggestion:  call them and ask.  Better to know than to risk losing PR status.
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pmm View Drop Down
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Hi

Originally posted by Harmonia Harmonia wrote:

Dpen -- I answered the same thread in a different forum.  The case here is someone sponsored through the SINP (Saskatchewan) provincial program. 
 

I hunted around to see if there were hard and fast 'conditions' or obligations -- but there was nothing concrete on the Sask site, or other related ones.  Yes, of course it's a program designed to attracted qualified immigrants to the respective provinces - but the question is:  are there actual enforceable conditions?

 

I suspect there are - but can't find anything in writing saying what the consequences are if you don't live up to those conditions.  My suggestion:  call them and ask.  Better to know than to risk losing PR status.


Here is an OP bulletin on the subject. http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob251.asp
PMM
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dpenabill View Drop Down
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Points: 6407 		Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 28 Apr 2011 at 12:43am
Thus, at the least, for the SINP it is clearly a condition that the principal applicant intend to reside in Saskatchewan, and the immigrant must so intend upon arriving in Canada or risk the consequences prescribed in the Operation Bulletin cited by PMM, that is in Operational Bulletin 251 dated November 24, 2010.

While whether or not the PR status obtained is conditional, or not, is not clear, it seems not, otherwise it would be (should be) prominently displayed -- see, for example, the Entrepreneur class of PR, for which the applicable condition is prominently stated.

Nonetheless, intending to reside in Saskatchewan is a condition of obtaining such a PR visa and of becoming a PR, and the operational bulletin makes it pretty clear that such cases are indeed screened for misrepresentation as to the immigrant's intent. I suspect a brief stay in Saskatchewan following landing will not suffice to dispel inferences of misrepresentation as to intent, so to not reside in Saskatchewan sets the immigrant up to be processed for inadmissibility based on misrepresentation (which could happen any time even well into the future, no statute of limitations applies), which is the process for revoking the PR's status and removing the PR from Canada.

That said, I understood the question to be about the son, an accompanying dependent child. I believe it would be OK for the son to live in another province for the purpose of attending school. I do not know, however, how a misrepresentation by the primary applicant, resulting in a finding of inadmissibility and removal, will affect the status of accompanying family members. But if the principal applicant really intends to live in Saskatchewan and after landing actually does live in Saskatchewan, it should be OK for the son to live elsewhere.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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