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| Subject: PNP's who think they can reside elsewhere! |
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Below is the instructions CBSA officers are to follow when a new Immigrant selected by a province of their certificate states they intend to reside elsewhere!
Instructions relating to Provincial Nominee Program (PNP) Applicants NO DATE: ?Port of Entry Instructions:
?Where the officer is not satisfied the person will proceed to the province that nominated them, the officer should further
their examination pursuant to A23 to one of the inland offices in the nominating province. This should be reserved for cases
where the PN clearly indicates that they will not proceed to the province of nomination. We want to avoid situations
requiring evidence to support a decision and avoid suggesting that there is a priority to investigate every PN upon landing. If
the nominee says that they will proceed, once they figure out that they will not be landed otherwise, they are still not to be
landed. In these cases the officer should: i) Seize their Confirmation of Permanent Residence (CPR) forms and forward
them to the inland CIC in the province of nomination along with relevant case information. It is not necessary to seize their
passports; ii) The nominee is to be issued an IMM 5396 and given a time and place to report at the appropriate inland office
for further examination. The officer should call the inland office to notify them of the case and/or arrange an appointment; iii)
NHQ is to be notified as soon as possible??
?Where the PNP applicant refuses to go to the nominating province, the officer has the following options: i) Voluntary
withdrawal and verification of departure. The CPR forms should be seized and the visa office, along with Bradley Pascoe at
NHQ, should be advised. ii) If they do not withdraw, a 44 report and convocation for an admissibility hearing are required. A
declaration from the head of family should be obtained outlining the family´s plans and, in particular, their refusal to proceed
and intention not to reside in the nominating province. A copy of their documents from the visa office should be obtained for
evidence relating to their PNP application. The report would be for a A41(a) by R51(a)&(b). The remarks should quote their
inability to meet R87(7) because of failure to meet R87(2)(b).? Inland Office Instructions: ?Provincial Nominee Program
Officials will have been notified of their nominee´s arrival in their province at the appropriate office and should attempt to
make contact with the applicant. ?the following instructions apply: 1. If the PN applicant indicates that they intend to reside
in the province they must be landed. 2. If the PN applicant continues to indicate that they intend to settle elsewhere upon
landing the officer can follow the same instructions as laid out?above.?
Roy
www.cvimmigration.com
[19-12-2007,14:30]
[**.158.52.214]
Roy |
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(in reply to: PNP's who think they can reside elsewhere!)
Roy, do you think this is also an applicable set of instructions for those who are arriving under Quebec selection?
[19-12-2007,15:12]
[***.121.220.199]
Sharon |
(in reply to: PNP's who think they can reside elsewhere!)
We all make stupid mistakes by putting our foot in our mouths but yes. When one is suppose to reside somewhere and have shown an Intention to do so then upon entry state we are moving to XYZ of send our PR card to a different province alarm bells will go off with any CBSA Officer.
Roy
www.cvimmigration.com
[19-12-2007,17:30]
[**.158.52.214]
Roy |
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