To become a permanent resident, a foreign national must either present their PR visa at a port of entry (POE) to Canada or if they are in Canada with valid status, request an appointment at a local IRCC.
Accompanying family members of provincial nominee applicants may only become permanent residents at the same time as, or after, the principal applicant has become a permanent resident. Family members of principal applicants cannot become permanent residents before the principal applicant (R87(12)).
A permanent resident visa holder in the PN class seeking PR status at a POE must establish that they still intend to reside in the province or territory that has nominated them.
Examination at the port of entry
Individuals who indicate that they intend to proceed to and reside in the province/territory of nomination, and who meet the other requirements of the legislation, should be processed for PR status.
Individuals who indicate that they never intended, or no longer intend, to reside in the nominating province/territory may be denied PR status at the POE and may have an A44(1) report written against them.
In the case of individuals who indicate at the POE that they no longer intend to reside in the nominating province or territory, the A44(1) report may be written for non-compliance with paragraph R87(2)(b) pursuant to section A41.
An additional allegation of misrepresentation, pursuant to paragraph A40(1)(a) of the IRPA for R87(2)(b), may be included in the A44(1) report for those individuals who indicate that they never intended to reside in the nominating province or territory, if supported by the information obtained through examination at the POE.
A Border Services Officer (BSO) may also do the following if they are not satisfied that an individual intends to reside in the nominating province or territory:
- Offer the individual the option of voluntarily withdrawing their application for permanent residence. If this option is accepted by the applicant, the BSO should seize the Confirmation of Permanent Residence (CoPR) document and inform the issuing visa office and the appropriate IRCC Inland Office.
- If the applicant does not voluntarily withdraw their application for permanent residence, the BSO may adjourn the examination and authorize the person to enter Canada for the purpose of further examination (A23). Refer the examination for finalization to the appropriate IRCC inland office (Item 102 CBSA Delegations and Designations). The BSO should seize the applicant and their family members’ CoPR documents and forward them to the appropriate IRCC inland office along with relevant case information (e.g., Statutory Declaration from the individual stating that they do not intend to reside in the province or territory of nomination, officer’s interview notes).
NOTE: If the applicant states that a representative advised them that residence in the province or territory of nomination is not a requirement of the PN class, the BSO should inform the appropriate IRCC inland office and record a non-computer based entry in FOSS/GCMS with information concerning the representative.
Examination at IRCC Inland Offices
When a BSO adjourns the examination to a IRCC inland office for finalization, the IRCC inland office should contact the responsible provincial or territorial authorities as soon as possible to give them the opportunity to contact the applicant before the IRCC examination. Officers should provide the province or territory with relevant case information, including the name, date of birth and nomination number of the principal applicant and their accompanying family members, if available.
If the nominating province or territory withdraws their nomination before the IRCC examination, the IRCC inland office should inform the applicant that their application for permanent residence is refused, and write an A44(1) report alleging non-compliance (A41) as the applicant is not named in a nomination issued by the government of a province or territory as required by R87(2)(a).
If the nominating PT has maintained their nomination and, upon examination, the officer is satisfied with respect to the applicant’s intent to reside in the nominating PT as required by R87(2)(b), the applicant should be processed for PR status.
If the nominating province or territory maintains their nomination and the officer is not satisfied with respect to the applicant’s intent to reside in the nominating PT as required by paragraph R87(2)(b) of the IRPR, the officer may write an A44(1) report.
In the case of individuals who indicate that they no longer intend to reside in the nominating province/territory, the A44(1) report may be written for non-compliance with paragraph R87(2)(b) of the IRPR pursuant to section 41 of the IRPA. When an officer is considering refusal on the basis of non-compliance with R87(2)(b), given provincial or territorial authorities a reasonable amount of time to contact nominees, obtain additional information and seek clarification in order to decide whether they wish to maintain or withdraw their nomination. Generally speaking, a period of 30 days between notification of the provincial or territorial authorities and concluding the examination is considered reasonable.
An additional allegation of misrepresentation, pursuant to A40(1)(a) for R87(2)(b), may be included in the A44(1) report for those individuals who indicate that they never intended to reside in the nominating province or territory, if supported by the information obtained through examination at the IRCC inland office. For more information on inadmissibility and writing A44(1) reports please see ENF 2 and ENF 5.
- Date Modified: