Employer initiated relocation for PNP PR - SINP

[contactb]

Dear Officer,

I am a Permanent Resident of Canada since 2018 and I was admitted through Saskatchewan Provincial Nominee Program / SINP Occupation in Demand category. When I landed, I did not have a job offer in Saskatchewan hence I left Canada with intention to come back and settle . I continued searching a job in Saskatchewan while doing my existing Job outside Canada. As per my intention to become economically established in Saskatchewan, I have been searching jobs in Saskatchewan since last year and have applied to several opportunities. I intend to participate in the Saskatchewan labour market in a way which allows me to maintain same job duties / NOC profession I was nominated for and to fully provide financial support to my family. However I have not received any positive response from any of the Saskatchewan employer so far and I am still not able to get a job in the category the province has nominated me.
Recently, my existing employer has assigned me a new project in Ontario and transferred me to Toronto. This is an intra company transfer from one geography to another hence I accepted to work on new assignment.
I need your guidance to help me understand the points below.

1. Am I allowed to work in Ontario for my existing employer if I landed under Saskatchewan Immigrant Nominee Program (SINP)
2. Would there be any adverse immigration consequences because of this company initiated relocation
3. Would there be any issues in renewing the PR cards for me or my family
4. Would there be any issues in getting Citizenship for me to my family

I need your guidance to make sure I don’t get questioned on my intention to establish in Saskatchewan and I am authorized to work in Ontario because of the assignment given by my employer.

[SettlementOrgMod]

Hi There,

Thank you for sharing your situation and question with us. We can appreciate confusion about all the information in your particular situation.

We have received some information from one of our legal researchers; and apologize for the delay. We hope you find their information useful:

Each province operates their own unique Provincial Nominee Program (PNP) which is designed by the province to help meet their economic and demographic needs. Typically, as a permanent resident of Canada, you do not have to inform any authority on your intent to move out of the Province. However, this may be different for a permanent resident who obtained their residency through the PNP.

The mobility rights of an individual under the PNP program is subject to certain regulations (under section 6(3)(a) and (b) of the Canadian Charter of Rights and Freedoms) which creates several limits to mobility. This mandates that immigrants who obtained PR under the PNP should remain in the province which they applied for about two years to show their intention.

This does not mean that a PNP applicant can not leave the Province. There are certain things that you can do before deciding to leave that will still show you had or have an intention to stay in Saskatchewan. This can include, but not limited to, 1. Actively looking for jobs within Saskatchewan, 2. Properly documenting your job hunt (include proof of your job applications), and 3. Exhaust all means of finding employment in Saskatchewan. From your situation, it appears that you have actively searched for a job even during the period of time you were working with another employer. It would be best if you could compile all your job applications during this time for proof.

In the situation in which you do not get a job offer, or you are offered a job out of province that is for a higher position, then your move out of the Province may be legally justified. In your case, with proper documentation, you may be able to work in Ontario without any adverse consequences on renewing your PR card and obtaining Citizenship.

It is highly recommended for you to contact the Saskatchewan Immigration Services directly for some confirmation on this matter as this may be decided on a case-by-case basis.

Please keep in mind this is only legal information, it is not legal advice. If you want or need legal advice you will need to contact a reputable lawyer or the nearest Community Legal Clinic regarding your situation.

We hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

Sincerely,

Your Settlement.Org Team