In most cases, provincial nominees become permanent residents unless they are refused because of inadmissibility or an intent to live outside the province of nomination. However, permanent residency can be refused if a person cannot convince Citizenship and Immigration Canada that he or she will become “economically established” in Canada. Visitors to Canada should be aware of the case of Sulieman Wai.
What is the danger of waiting for my permanent residency in Canada?
In 2009, a Manitoba Provincial Nominee by the name of Sulieman Wai was refused a permanent resident visa because he could not establish that he would become “economically established” in Manitoba.
In this case, the court found that just because Mr. Wai was a provincial nominee, this did not mean that he would automatically be considered to be “economically established” in Manitoba. The court made this finding despite the fact that Manitoba specifically stated that they thought Mr. Wai would have no difficulty finding employment in Manitoba.
In this case, Mr. Wai was waiting in Manitoba for two years as a visitor while his permanent residency application was being processed. Because he did not have a work permit in Canada, he was not allowed to find employment to support himself in Canada while he waited. Because he was not working, the Visa Officer found that he would not become “economically established” in Manitoba. As a result, his visa was refused even though Mr. Wai:
1. was a U.K. citizen who was fluent in English,
2. completed post-secondary education,
3. was physically and medically fit,
4. worked in the U.K. prior to traveling to Canada,
5. had family in Manitoba who supported him, and
6. was only 28 years of age.
As a result, if you are a visitor to Canada and are applying as a Provincial Nominee, please be aware that if you still must be able to establish that you will be “economically established” in Manitoba. If you cannot do this, your permanent resident visa could be refused even if Manitoba issues you a Provincial Nominee Certificate.
Do I have to be economically established if I apply in another immigration program to Canada?
The answer to this question is “yes”. In a court case decided in April, an applicant who scored more than the minimum number of points in the Federal Skilled Worker Program and had more than the needed settlement funds was refused a permanent resident visa because the immigration officer did not feel that she would become “economically established” in Canada.
In this case, the applicant was 63 years old, retired, and had not taken any steps towards securing employment in Canada despite living in Canada for a few years while her husband worked here. The immigration officer found that the applicant’s ability to find employment in Canada was compromised and that she was not willing to work in Canada. As a result, her visa was refused.
This application was refused even though the Immigration Officer never indicated that the applicant had lost her skills. The officer’s concerns were that it would be hard for her to be employed since she was 63 and retired.
This Article is prepared for general information purposes only and is intended to provide comments for readers and friends of the Filipino Journal. The contents should not be viewed as legal advice or opinion.
Reis is a lawyer with Aikins Law practices in the areas of immigration law. His direct line is 957-4640. If you would like to know more about Reis or Aikins you can visit the firm’s web page at www.aikins.com, follow Reis on Twitter at http://twitter.com/#!/ImmigrationReis, or connect with him on LinkedIn at http://www.linkedin.com/in/reispagtakhan
