Unfortunately, your application for permanent residence can be refused regardless of the nomination made by the Provincial Nominee Program office. The Federal Court of Canada has recently ruled that a CIC officer can refuse if they are not satisfied that the applicant will be economically established in Canada (Kousar v. Canada 2014 FC 12).
Through the Provincial Nominee Program (PNP) not all applicants are requested to provide proof of language, however, the onus is on the applicant to demonstrate that they are able to establish themselves economically in Canada, and speaking the official language is the main factor to get established in a country.
Therefore, it is strongly advised to submit enough evidence with your application for permanent residence that you will be able to get economically established in Canada.
Also, for the PNP nominations, applicants must remember that they have been nominated to reside in a certain province and that when landing they can still be refused to enter Canada by Canada Border Services Agency (CBSA), if the officer believes that the applicant will not establish themselves in the province of nomination. Although, new immigrants are protected by the Canadian Charter of Rights and Freedoms; and have the right of mobility according to Section 6:
(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
a) to move to and take up residence in any province; and
b) to pursue the gaining of a livelihood in any province.
This being said, it is important you know that your intention to reside in the province of nomination must be genuine and that despite your nomination, there are still several stages to pass where your application for permanent residence can be refused.
By: Maria Campos
Canadian Regulated Immigration Consultant (RCIC) in Vancouver
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