Atlantic Immigration Pilot Programs: Examination before granting permanent residence
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
To become a permanent resident, a foreign national must either request an appointment at a local IRCC if they are in Canada with valid status, or present their PR visa at a port of entry (POE) to Canada.
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.
A permanent resident visa holder in one of the Atlantic Immigration Pilot programs seeking PR status at a POE must establish that they still intend to reside in the province that has endorsed them.
Examination at the port of entry
Individuals who indicate that they intend to proceed to and reside in the province of endorsement, and who meet the other requirements of the legislation, should be processed for permanent resident (PR) status.
Individuals who indicate that they never intended, or no longer intend, to reside in the endorsing province 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 endorsing province, the A44(1) report may be written for non-compliance with subsection 2(1) of the Ministerial Instructions to section A41.
An additional allegation of misrepresentation, pursuant to paragraph A40(1)(a) of the IRPA per subsection 2(1) of the Ministerial instructions, may be included in the A44(1) report for those individuals who indicate that they never intended to reside in the endorsing province, 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 endorsing province:
- 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 office which issued the CoPR and IRCC NHQ.
- 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 202 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 of endorsement, officer’s interview notes).
Note: If the applicant states that a representative advised them that residence in the province of endorsement is not a requirement of the AIPP program, the BSO should send an email to IRCC NHQ and record a note in GCMS with information concerning the representative. Officers must send a copy of the refusal letter to the endorsing Province, subject to federal privacy legislation.
Examination at IRCC Inland Offices
Under the Atlantic Immigration Pilot programs there are no requirements for IRCC to consult with the provinces in order to refuse an application; therefore, when a BSO adjourns the examination to an IRCC inland office for finalization, the IRCC inland office is not required to contact the provincial authorities. If refused, the officer must also send a copy of the refusal letter to the endorsing province, subject to federal privacy legislation.
Revocation of Employer Designation and Endorsement
Applications that have been put into processing should be refused if the employer is de-designated, or where the province withdraws the endorsement because the job offer is not genuine.
Applications that have not been put into processing should be returned to the applicant if the employer is de-designated, or the province withdraws the endorsement because the job offer is not genuine.
The Province will inform IRCC immediately of the de-designation of the employer or withdrawal of the endorsement and update the record of endorsement to the affected files. The province will make all reasonable efforts to notify all affected applicants of the impact of the de-designation and the avenues of recourse available.
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