Where can you apply for PR from?

Canada Immigration Forum (discussion group)


 
visaplace.com            
Subject: Where can you apply for PR from?
  In a former thread (http://www.canada-city.ca/canada-immigration/posting.php?messageid=24251),

Mike stated that:

“I strongely belive that you have to be physically present in the country for 1 year.”

That is not correct. According to the CIC website (http://www.cic.gc.ca/english/information/offices/apply-where.asp), you may apply at a CHC where you meet one of the following criteria:

- Your country of residence
Or
- Your country of nationality
Or
- The country where you have been legally admitted for at least one year.

As stated above as long as you have been admitted into a country for at least one year you can apply for PR. You may apply the day you entered that country. You do not have to wait until that year is over, as Mike seems to believe.

The admission into a country for one year means that you can stay in the country for at least one year. If you have a multiple visitor visa, but at the airport immigration officer grants you stay of only 6 months, that does not count, as you cannot stay in the country for 1 year. However, if you have a 1-year work permit or a 4-year student visa (for example), then you may apply for PR in that country immediately upon entering the country. You do not have to wait until you have completed the year.

Mike as you said that you are “100% sure that it is the physical presence not the visa only.”, could you please kindly provide an OFFICIAL source that back up your “100%” surety? If not, while I appreciate your emotional “strongely belive” statement in this matter, may I suggest that you leave your believes (strongly or otherwise) outside this forum? Giving wrong information will screw up people’s dreams and futures. What you are telling people is that they should delay applying for Canadian PR for 1 year (adding to an already lengthy process), when there is no official reason (based on this particular criteria) to do so.

Please refrain for stating your personal believes and stick to the official guidelines.

Ray

[28-06-2008,08:21]
[**.137.24.97]
Ray Masa
(in reply to: Where can you apply for PR from?)
I have 100% confirmed Mr. Ray Masa and it is you who is trying to waste the time of others by providing them the wrong information. It is not only about the admittance but the residence as well.

Applications for Permanent Residence in Canada must be filed with the Canadian visa office, which has geographic responsibility for the country in which the applicant has been lawfully admitted and has resided for a period of at least one (1) year. Otherwise, the applicant must apply for Permanent Residence in Canada through the Canadian visa office, which has geographic responsibility for his/her country of habitual residence.

So it is the ADMITTANCE & RESIDENCE. You want to confirm it, call CIC Call Centre , or give a call to Lawyers offering free conslutation. I shall give you a source as well to read the answer posted on a lawyer´s website. Besides i confirmed it with CIC call Centre as well.

go and read this link.

http://www.akcanada.com/faq.cfm
go to G and question no. 1:
1. Where do I apply for Permanent Residence in Canada?
The answer is given above. Please read it yourself. Sometimes CIC is tricky in providing information, now they do mention on their website the admittance part but they havent mentioned it clearly but when you ask them they tell you that this iwhat they meant that you have been admitted and resided for 1 year.

No hard feelings RAY MASA but sounds to me that you are more emotional chap than i am, do not get just get personal that i am screwing people´s life by giving them wrong information. Not many people here on this forum are immigration specialist, they only share their experience and all the posts are replied by more than one person, so even if one person is wrong, the other one corrects him and then the applicant reviews and decides to take the advice sounds better to him/her.

No hard feelings, we both are trying to help. If i am wrong, you should correct me for sure, and if you are, i shall research and correct you but please do not try to make it personal.

Thanks

[28-06-2008,11:09]
[**.251.66.96]
Mike
(in reply to: Where can you apply for PR from?)
Wow, what a battle of opinions (egos), but interesting discussion. I have to agree that the CIC website wording on this issue is unclear and confusing. I´d also add that although akcanada.com are immigration lawyers, they´re not the official word.

I tend to agree with Ray Masa´s interpretation. Canada and most countries base immigration eligibility processing on the applicant´s current legal status, not residence longevity. After all, what´s the benefit of requiring a resident, already entitled to stay for one year or more, in physically serving out this residence period before applying?

I may be wrong, but this interpretation makes more sense to me.

[28-06-2008,14:20]
[**.53.225.29]
Richard
(in reply to: Where can you apply for PR from?)
This battle reminds me something very similar...

I´m also curious to know the actual interpretation by a well known source.

"Canada and most countries base immigration eligibility processing on the applicant?s current legal status"- This can be little confusing too. For Canadian immigration if someone is admitted into the US legally then he can apply even if he is currently out of status in the US.

I hope this won´t create any farther battle.

[28-06-2008,14:57]
[**.207.127.42]
DC
(in reply to: Where can you apply for PR from?)
"This battle reminds me something very similar..." Similar to what? (There, how´s that? I keep seeing my occasional comments repeated in quotes and analyzed, and analyzing in return. So cease and desist!)

But back to subject, probably per Mike a call to the CIC Call Centre for the official interpretation is best.

[28-06-2008,15:51]
[**.53.225.29]
Richard
(in reply to: Where can you apply for PR from?)
Sorry Richard, I didn´t mean you by the 1st part. It was my fault to indicate 2 different persons without addressing anyone directly. It wasn´t you at all. Most likely the appropriate person to whom I indicated understood. If I quote from past then I usually mention the name.

I think if Roy reads this thread then he can provide something solid.

[28-06-2008,16:25]
[**.207.127.42]
DC
(in reply to: Where can you apply for PR from?)
Yes Mike, you are absolutely correct. Indeed it is AK Canada (akacanada.com/faq) that has authority over Canadian immigration matter and not Citizenship and Immigration Canada (http://www.cic.gc.ca/english/information/offices/apply-where.asp), so you certainly should go on believing AK Canada and not CIC.

Out of curiosity, the lawyer who gives free consultancy that you are asking me to call would that by chance be the same lawyer who you were so impressed with because she was able to get your dad’s information by making one phone call? Would that be the lawyer who based on the above call you gave $1,000 and who then apparently refused to refund your money and you got all bent out of shape over?

And no I am not making it personal. But there is a difference between “strongly believing” (based on what you read on some site or some lawyer told you after making a phone call) what a policy is and the actual policy. You can believe all you want. You can quote whatever website you want, but that is not going to change the actual policy made by the actual policy maker (which happens to be CIC not AK Canada).

As requested, could you please provide an OFFICIAL source, not some unofficial source from billions of web pages there are out there?

Richard, you are correct. When in doubt, its always better to get it directly from the horse’s mouth. Although, I have heard that at times even the CIC Call Centre doesn’t seem to provide correct information. Perhaps better to write to CHC and get written response back (assuming they would provide such a response).

And there is no ego here, although, I may have been a bit miffed in my response. It irritates me to no end when people simply post their (incorrect, unofficial policy) opinion, which does nothing but complicates matters for others.

Ray

[28-06-2008,16:27]
[**.137.24.97]
Ray Masa
(in reply to: Where can you apply for PR from?)
akcanada may not be the officila word on it but please remember they are immigration lawyers and providing wrong information to their future clients can be an issue for them, therefore, i take their words and i totally agree that whatever they are saying on their website is right. Secondly, as i mentioned in my reply, i called CIC call centre and inquired from them and they said the same words. So there is no ambiguity that with admittance a residency of one year is required. I do not know if where is ROY busy and not responding to this however, i am confident that ROY would put a seal that one year residency is defintely a requirement. And even if Roy does not confirm what i have mentioned in this regard has been verified through CIC call Centre. So i am still standing on my 100% assurance that 1 year residency is definetly a requirement. Where you my friend: RAY MASA. We are waiting for your comments as well as you used some hard words for me and tried to prove me wrong. I wonder if you have the guts to accept that i was not wrong. No hard feelings my friend, as mentioned earlier, we are all in the process of learning educating. Good Luck!
[28-06-2008,16:31]
[**.251.66.96]
Mike
(in reply to: Where can you apply for PR from?)
Sorry, Ray Masa , may be we both were posting a reply at the same time and did not read your comments. Well, that lawyer did try to screw me up but i did not allow this to happen and i have got my money back with an official apoology from her. Please do no try to mix up two things. However, if you have the patience and energy to write to CHC and get the authentic report, we would all apprecaite it.

I did not want to disclose this but the matter is getting very confusing therefore i am disclosing it on this forum that when immigrated to Canada and applied from USA, the same rule applied to me. I had to wait for one year before i could submitt my application. I came to USA as international student, worked part-time with public safety department, which later on turned into H-1 and full-time job with public safety (Michigan). As soon as i entered USA, i thought of applying for canadain immigration but i was told by CIC that i need to wait for one year before i could apply. So applied after i spent 1 year in USA and today i am in Canada. Now, i have nothing else to say, if you belive this or not, its up to you because i am not here to convince you. i am providing the right information, whoever, feels like taking it, will take it. Otherwise, nobody is stopping you and others to go and verify yourself. Thanks for your comments. Good Luck

[28-06-2008,16:43]
[**.251.66.96]
Mike
(in reply to: Where can you apply for PR from?)
Mike, yes I have the guts and I accept you are not wrong as long as you believe AK Canada and not CIC. Personally, I believe CIC. I wish you all the best, continue to believe everyone except the official sources.

Ray

[28-06-2008,16:44]
[**.137.24.97]
Ray Masa
(in reply to: Where can you apply for PR from?)
No problem DC, as I now better understand your comment. You and I usually agree on approach of most issues here. I also agree Roy may have input for this discussion.

Agreeing with Ray in relying on official source. Actually both you and Mike agree on this. So let´s see if someone can get an official answer from the Call Centre, and hopefully it´ll be consistent.





[28-06-2008,16:45]
[**.53.225.29]
Richard
(in reply to: Where can you apply for PR from?)
and I quote - Applicants for Permanent Residence
You must apply in your country of residence, your country of nationality or the country where you have been legally admitted for at least one year.

if it says residence it does not need to say legally admitted for 1 year. correct. Eg. Johnny is from India. Wait is 6-8 years. He gets a 1 year work permit to Mexico. Arrives in Mexico on day 1. Day 2 he is eligible to apply to Canada for PR. At the end of the year he must go back to India. His residency is now India but because he was legally admitted to Mexico for 1 year... he is allowed to leave his application with that embassy.

This issue is becoming more critical as processing is more often than not, extending beyond most WP scenarios (regardless of country or embassy - see London). The hitch to all of this is that applicant would need to return to Mexico for interview if requested.

In my mind there is absolutely no debate on the intent of the language used.

[28-06-2008,16:57]
[**.155.160.37]
Sharon