Canada’s modern immigration landscape, programs like the Provincial Nominee Program (PNP) offer promising pathways for professionals, skilled workers, and entrepreneurs to secure permanent residency. For many, especially Americans, it’s an attractive opportunity to relocate, invest, and integrate into a Canadian province and the country’s economy. In
However, the privileges that come with permanent residency (PR) are not unconditional. A recent immigration ruling involving an individual who left Canada for the United States shortly after landing as a permanent resident is a stark reminder: status can be lost when obligations are ignored.
In a March 2024 decision, the Immigration Appeal Division upheld a departure order against a foreign national who had received Canadian PR through a provincial nomination. After arriving in Canada, the individual stayed briefly before relocating to the United States to pursue educational and personal goals. Over the next five years, they established a new life in the U.S.—married, had a child, and became permanent residents there.
When they returned to Canada just before their PR card expired, they were found to have spent far fewer than the required 730 days in Canada over the previous five years. Their appeal for humanitarian and compassionate relief was denied.
The tribunal was clear:
“The appellant made lifestyle choices, not compelled sacrifices. His residency shortfall reflects personal priorities, not hardship.”
Though this individual was not a business immigrant, the lesson applies strongly to PNP entrepreneurs and professionals. The PNP is a regional immigration tool. Its core expectation is that applicants settle in the province that nominated them, contributing to its economy and community.
When PNP nominees relocate elsewhere, particularly to a country like the United States, soon after landing, such a choice raises serious doubts about their intention and commitment.
For American business applicants, this case underscores an important point. While Canada offers clear and attractive routes for U.S.-based entrepreneurs, those routes come with obligations:
Failure to do so—whether due to personal decisions or cross-border commitments—can result in PR revocation.
At Sobirovs Law Firm, we’ve helped hundreds of Americans relocate their businesses and lives to Canada. We can say with confidence:
Canada remains open to American professionals, investors, and innovators.
But open doors do not mean loose obligations. Immigration authorities expect permanent residents to act like residents. That means more than holding a PR card. It means living, working, and contributing in Canada.
To succeed long-term, PNP applicants—especially those from the U.S.—should:
Permanent residency is not a backup plan or symbolic status. It’s a legal commitment to live and contribute in Canada. If you need to spend time abroad, especially in the U.S., there are legal ways to manage your status—but you must plan ahead.
At Sobirovs Law Firm, we help U.S.-based clients not only obtain PR through business immigration but also retain it through thoughtful, compliant relocation strategies. If you have questions about your PR obligations or need help mapping out your time in and outside of Canada, consult with LIA, our AI legal assistant, available 24/7 to guide you through the process.
Canada welcomes Americans who are ready to engage and stay.
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