http://news.gc.ca/web/article-en.do?nid=863279
Barring conditional permanent residents
"Under the new changes, permanent residents with unfulfilled conditions attached to their permanent resident status will not be eligible for citizenship. Previously, there were no provisions in the Citizenship Act preventing conditional permanent residents from obtaining citizenship if they otherwise met the requirements. This posed the risk that a conditional permanent resident could acquire citizenship even though they had not fulfilled the conditions attached to their permanent resident status."
SCCA,
"3. (1) Paragraphs 5(1)(c) to (e) of the Act are replaced by the following:
(c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has, since becoming a permanent resident,..."
The Conditional Permanent wording in the press release to me is somewhat misleading in that it could lead to a false presumption of it only applying to those with a Con 51 (sponsored spouses) COPR flag. My understanding is that this condition has always been there but CIC were laid back in enforcing it. Certainly if there were judicial proceedings it would be on the basis of what conditional means and its simplest definition is that of 'any' condition. Recent FC case law for example shows CIC starting to bounce citizenship applications from refugees who have cessation/ revocation issues before the Immigration and Refugee Board on the basis that their PR status is in doubt. This despite it being common knowledge that historically CIC/CBSA used to turn a blind eye to refugees when they returned to Canada after visits or even lengthy stays from their home countries (which they claim was where they faced persecution). So just because CIC is not enforcing the law now doesn't meant it wont do so in future.
So its feasible for CIC to say moving from Province A to Province B contrary to the PNP process means you have an unfulfilled aspect of PR acquisition. So if you got your Ontario PNP PR status say Jan 1, 2015 and moved to AB on Jan 20, 2015 could ON say hold on a minute that wasn't the agreement and request CIC to commence an investigation? Go check clauses 27.2, 14.1 and 12.2 of the IRPA referring to PRs meeting their conditions including those chosen under the economic classes and this could present problems. I expect this 'rule' to be more of an issue for those in the Investor Class where the conditions are more clear cut e.g create employment for x number of PRs or Citizens and this hasn't been met. This 'rule' is easy too (even a rookie CIC lawyer could deal with this) for adding an inference on the intent to reside clause where the 'conditional' permanent resident doesn't meet a condition pertaining to 'living/residing' in Canada because they are outside Canada.
Barring conditional permanent residents
"Under the new changes, permanent residents with unfulfilled conditions attached to their permanent resident status will not be eligible for citizenship. Previously, there were no provisions in the Citizenship Act preventing conditional permanent residents from obtaining citizenship if they otherwise met the requirements. This posed the risk that a conditional permanent resident could acquire citizenship even though they had not fulfilled the conditions attached to their permanent resident status."
SCCA,
"3. (1) Paragraphs 5(1)(c) to (e) of the Act are replaced by the following:
(c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has, since becoming a permanent resident,..."
The Conditional Permanent wording in the press release to me is somewhat misleading in that it could lead to a false presumption of it only applying to those with a Con 51 (sponsored spouses) COPR flag. My understanding is that this condition has always been there but CIC were laid back in enforcing it. Certainly if there were judicial proceedings it would be on the basis of what conditional means and its simplest definition is that of 'any' condition. Recent FC case law for example shows CIC starting to bounce citizenship applications from refugees who have cessation/ revocation issues before the Immigration and Refugee Board on the basis that their PR status is in doubt. This despite it being common knowledge that historically CIC/CBSA used to turn a blind eye to refugees when they returned to Canada after visits or even lengthy stays from their home countries (which they claim was where they faced persecution). So just because CIC is not enforcing the law now doesn't meant it wont do so in future.
So its feasible for CIC to say moving from Province A to Province B contrary to the PNP process means you have an unfulfilled aspect of PR acquisition. So if you got your Ontario PNP PR status say Jan 1, 2015 and moved to AB on Jan 20, 2015 could ON say hold on a minute that wasn't the agreement and request CIC to commence an investigation? Go check clauses 27.2, 14.1 and 12.2 of the IRPA referring to PRs meeting their conditions including those chosen under the economic classes and this could present problems. I expect this 'rule' to be more of an issue for those in the Investor Class where the conditions are more clear cut e.g create employment for x number of PRs or Citizens and this hasn't been met. This 'rule' is easy too (even a rookie CIC lawyer could deal with this) for adding an inference on the intent to reside clause where the 'conditional' permanent resident doesn't meet a condition pertaining to 'living/residing' in Canada because they are outside Canada.
