Province Approved Immigrants Can Move Freely Anywhere In Canada

08 Nov 2019

The right to legislate in the department of immigration in Canada is shared evenly within the Canadian government and the provinces, aside from Quebec.

The government of Quebec acquired exclusive rights to build its own policies & programs in the year 1981.

However, all of the Canadian territories and provinces have implemented their own programs to choose immigrants.

A high number of applicants are appealing for admission to Canada below a Provincial Nominee Program (P.N.P) or by Quebec.

Canadian Charter Tells About Permanent Residents Mobility

Section 6 of the Canadian Charter of Freedoms and Rights provides Canadian citizens and permanent residents with the right to live & work in any Canadian province.

Section 6 Details on Mobility

(1) Every Canadian citizen has the right to enter, live in and leave Canada.

(2) Every Canadian citizen and every individual who has the permanent resident status of Canada has the right:

• To go to and take up residence in any other Canadian province; and
• To attempt the living in any province.

Mobility Rights Will Apply to Immigration

In immigration, the indication of section 6 and mobility rights below the Charter is important. But these rights don't actually start until permanent residence has been received.

Once a province chooses an appellant, the federal Refugees, Immigration, and Citizenship Canada (IRCC) will manage admissibility concerns, it includes health & security.

After obtaining Canada PR and appearing at a Port of entry for admission to Canada, once allowed, there is nothing that can appear in between a candidate's Charter mobility rights to work and live anywhere in Canada.

The provinces which attempt to attract immigrants below their PNPs are left to produce the right conditions to bring, and more importantly, holding of immigrants.

Provinces Used as a Back Door Access to Canada

This has been a continuing difficulty for a few provinces that are being used by potential applicants, who do not qualify for the admission below the Federal Skilled Worker Program, as back door access to Canada.

Historically, and as observed data proves, the Quebec province holds only a fraction of the appellants it actually approves. Plenty of applicants often choose to forego their primary intention to settle in Quebec and choose to settle elsewhere.

For other provinces that include Saskatchewan, Manitoba, Prince Edward Island and Nova Scotia which develop their own skilled worker programs, the retention of newcomers continues an ongoing difficulty for provincial policymakers.

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