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Immigration Forum / Canada / November 2005Where to apply? The law is unclear. HELP!
Could someone who is knowledgeable about the subject please help me to unravel the the following question I have about applying for Canadian PR. I have been a student in the US for more than a year and am confused whether I have to apply to Buffalo or whether I STILL CAN apply to the Canadian High Commission in my home country. Interpreting the relevant law is problemnatic because the choice is not all that clear cut. For instance, the relevant law R(11) states that an application for a permanent resident visa must be made to the immigration office that serves: 1) the country where the applicant is residing, if the applicant has been lawfully admitted to that country for a period of at least one year or 2) the applicant’s country of nationality (if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted). Does this mean that since I have lived in the US for more than a year I HAVE TO submit my application to Buffalo? OR do I still have the choice of applying to the Canadian consulate in my country of nationality EVEN THOUGH I have lived in the US for more than a year? Browsing countless forums has provided no clear answer to this question. Any help from someone who has experienced a similar situation or would know about the subject would be much appreciated. The choice is yours - that is the meaning of the "or" between the two possibilities.  SignatureJim Humphries, Former Visa Officer > > Could someone who is knowledgeable about the subject please help me [quoted text clipped - 28 lines] > Any help from someone who has experienced a similar situation or would > know about the subject would be much appreciated. > Could someone who is knowledgeable about the subject please help me > to unravel the the following question I have about applying for [quoted text clipped - 27 lines] > question. Any help from someone who has experienced a similar > situation or would know about the subject would be much appreciated. Thanks for your help. This is what I presumed as well. However, the website of the Canadian High Commission in Colombo states as follows, which is what confused me: IMPORTANT Persons residing outside of Sri Lanka and The Maldives may not submit applications for permanent resident visas at the Canadian High Commission in Colombo. View the List of Countries and Corresponding Canadian Visa Offices on the CIC web site to find the embassy that serves your country of residency. (From: http://www.dfait-maeci.gc.ca/world/embassies/srilanka/imm- canada-en.asp) Could this be a visa post specific regulation or is it just badly worded? (My post of nationality is the Canadian High Commission in Colombo). > IMPORTANT Persons residing outside of Sri Lanka and The Maldives may not > submit applications for permanent resident visas at the Canadian High [quoted text clipped - 8 lines] > worded? (My post of nationality is the Canadian High Commission > in Colombo). This sounds post-specific to me. Generally you would have had the choice. But if that specific post will not accept applications from people not residing there, then I guess your only choice is Buffalo. Are you intending to continue to reside in the US (as a student or otherwise), or go back to Sri Lanka at some point? > > IMPORTANT Persons residing outside of Sri Lanka and The Maldives may > > not [quoted text clipped - 17 lines] > back to > Sri Lanka at some point? I won't be in the US for much more than 7-8 months more, so it makes more sense for me to apply to the High Commission in Colombo. But I am surprised (and a bit doubtful) that a visa post could interpret the law as it pleases. Hence my original query, which is whether you HAVE NO CHOICE BUT to apply to the country of residence IF you have lived there legally for more than a year. > But I am surprised (and a bit doubtful) that a visa post could interpret > the law as it pleases. Hence my original query, which is whether you > HAVE NO CHOICE BUT to apply to the country of residence IF you have > lived there legally for more than a year. No. You can always apply at your country of citizenship. Being able to apply to country of residence is simply an additional choice if a person happens to be currently residing outside of their country of nationality. For many people (myself included) there is no such choice - their residence and citizenship are the same (born in the US, have always lived here). If Colombo won't take the application while you are outside Sri Lanka then I guess you will want to delay the application until you are again residing there. (please note: I am not a lawyer, consultant or other expert; the foregoing is my opinion only) Signature* woods keep you, stars hold you, waters bear you * *** mstie #31731 ** hogmenaye! ** enchanted be! *** You don't have to suffer to be a poet; adolescence is enough suffering for anyone. > If Colombo won't take the application while you are outside Sri Lanka then > I guess you will want to delay the application until you are again > residing there. > > (please note: I am not a lawyer, consultant or other expert; the foregoing > is my opinion only) If Colombo won't accept the application then the OP should hire a Canadian immigration lawyer to take up the case. A lawyer can check exactly what Colombo's obligations are and if they are not in compliance, it can be followed up with CIC management in Ottawa. The law is clear that, if you are a citizen of Sri Lanka, you may apply at the CHC there whether you reside in Sri Lanka or not. SignatureJim Humphries, Former Visa Officer > >> Could someone who is knowledgeable about the subject please help me [quoted text clipped - 45 lines] > worded? (My post of nationality is the Canadian High Commission > in Colombo). |
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