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Applicants should settle in province linked to nominee programme

Jamaica To Canada

Wednesday, August 15, 2018

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Dear Mr Brown,

If I were to receive a nomination from a province, do I have to live in that province? I do not really want to live in one of the country provinces, but I am willing to use the nomination to then move to Ontario.

— NB

Dear NB:

Applicants are supposed to settle in the province linked to the provincial nominee programme (PNP). For example, there has been a recent incident in which a search warrant from the Canada Border Services Agency (CBSA) alleges that 462 applicants to the PNP for the province of Prince Edward Island (PEI), in an effort to obtain permanent residency, used false addresses belonging to two Chinese immigrants over the past four years as addresses of convenience, which is commonly used for immigration fraud.

One of the requirements of the PNP is to settle in PEI, as opposed to any other Canadian province. It is suspected that the immigrants did not actually settle in PEI but rather used a fake address, while they may be located in some other part of Canada or China.

Provincial nominee programme

The Business Impact Category of the PNP of PEI considers applicants who are experienced business managers and entrepreneurs. This immigration category is composed of three streams, each with their own set of eligibility requirements.

As an example, I will outline the 100 per cent Ownership Stream, in which investors plan to assume full ownership of a business in PEI through investment and active management.

The eligibility criteria under the stream is as follows:

1. The age of 21-59;

2. Possess a minimum net worth of $600,000 CAD acquired through legal and legitimate sources;

3. Possess at least a high-school level of education;

4. Have transferable management skills and past employment;

5. Obtain minimum language requirements equivalent to a CLB 4;

6. Provide a detailed business plan;

7. Provide active and ongoing mangement of the business from within PEI;

8. Sign an escrow agreement containing stipulations on a deposit of $200,000 CAD, which will be held by the province until the terms of the agreement are met;

9. Make a minimum investment of $150,000 CAD into a new or existing PEI-owned and-operated business.

For entrepreneurs purchasing an existing business in PEI, rather than establishing a new business, he or she will be required to submit a purchase and sale agreementwhich provides the details of the proposed investment.

Hence, the immigrants' statements that they intend to reside in Prince Edward Island are the basis for approval.

Solutions

Critics have suggested solutions to the issue of residency for PNP programmes such as:

• The Government should end the practice of allowing permanent residency before demonstrating participants in provincial programmes are complying with their conditions.

• Permanent residence should be deemed conditional on a minimum period of residence in the province.

• Increase the monitoring of residence compliance.

• The requirement should be to actually open the business before submitting the application.

Please visit jamaica2canada.com for additional information on Canadian permanent residence programmes, including Express Entry, the study & work programme, visas or Appeals, etc.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel and an accredited Canadian education agent of JAMAICA2CANADA.COM — a Canadian immigration & education firm in Kingston. Send questions/comments to jamaica2canada@gmail.com.

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