August 28, 2024

CIP 146: Mastering the 'Intention to Reside' in Canada's PNPs

29 minutes

Podcast Show Notes: Provincial Nominee Programs and the "Intention to Reside" Requirement

In this episode of the Canadian Immigration Podcast, Mark Holthe and Alicia Backman-Beharry delve into the intricacies of Canada's Provincial Nominee Programs (PNPs) with a focus on the "intention to reside" requirement. This requirement is a critical component for applicants nominated by a province, as they must demonstrate a genuine intention to live and establish themselves in the nominating province.

Mark and Alicia provide an in-depth analysis of:

What "Intention to Reside" Means: A look into how immigration officers assess whether applicants genuinely intend to reside in a specific province, including a discussion of relevant regulations such as IRPR Regulation 87(2).

Recent Court Cases and Their Implications: Examination of recent Federal Court decisions, such as Mohammed Elfa Kaharani v. Canada and a PEI case, that highlight how courts interpret "intention to reside" and the consequences for applicants who do not meet this requirement.

Factors Considered by Immigration Officers: A breakdown of the subjective assessment criteria officers use, including past conduct, present circumstances, and future plans of the applicant.

Practical Advice for Applicants: Guidance on how to document your intent to reside and what evidence is necessary to support your application, especially when moving to a different province after being nominated.

Potential Consequences for Misrepresentation: A discussion on the severe implications of failing to meet the "intention to reside" requirement, which can include application refusal, inadmissibility, and even misrepresentation findings.

Tune in to this episode to learn how to navigate the PNP process and ensure your application aligns with all requirements. Whether you're an immigration lawyer, consultant, or prospective immigrant, this episode provides valuable insights to help you make informed decisions.

Resources Mentioned in This Episode:

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🎧 Listen to the Canadian Immigration Podcast:

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Disclaimer: This podcast is intended for informational purposes only and does not constitute legal advice.

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By Mark Holthe

4.7

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