Texas Brit

Apologies if this has been asked before. I am attorney licensed in two states in the United States. If I wished to immigrate to BC and practice law there, would I have to first achieve PR status, or could I seek and obtain a job and then apply? I am guessing that PR status would certainly help in a job search. (Naturally, a related issue is bar qualification in BC -- can I do that now, or do I need to already have a job, given the need to do an articling period in Canada with a principal.)

Totally unrelated question -- I am a dual British and American citizen. Is one of these better than the other in an application? Given I would be applying from the US, I am guessing US makes a whole lot more sense, unless there is a compelling reason otherwise.

Last question! When you get PR clearance . . . how long can you wait till you actually move to Cananda?

Thanks.

Andrew Miller

You don't apply as American or Brit - you apply as yourself and list all your nationalities.

To practice law you need to go through the bar (BC Law Society) - contact them directly to find out if you can become a member prior to becoming a PR:

http://www.lawsociety.bc.ca/

To work here you either need to become a PR first or in order to work temporary you need to obtain proper work permit after you find approved job offer.

If you successfully apply for PR visa then you must formally land in Canada within validity of visa (12 months from medicals or less if passport expires sooner). You may physically move later as long as you will be able to meet residency obligations - to be in Canada for at least 730 days in every 5 years period.

JAJ

But proof of US citizenship will be required if he wants to apply through Buffalo. (the 12 month admission rule for non-US citizens is not relevant to him).


Look to see if NAFTA can be any help, either in terms of:

- getting a work permit (as you are a US citizen); and
- getting legal practising rights in Canada.


Jeremy

Andrew Miller

NAFTA will only make getting work permit easier, without need for HRSDC approval. But job offer is a must and proper Law Society licensing is pre-requisite.

US citizen doesn't need any separate proof of US citizenship when applying through Buffalo - copy of US passport must be included with application anyway and it is the only proof needed.

JAJ

Does NAFTA make it any easier for a US lawyer to get licensed in Canada?


Jeremy

Andrew Miller

Nope, NAFTA has nothing to do with it.

But if Texas Brit wants to practise exclusively US law in Canada (not a Canadian law) then it will be easier to get permission to do so than getting licensed to practise Canadian law. Here is for example how BC law Society defines foreign law practitioner:

______________________
A practitioner of foreign law is defined in the Law Society Rules as "a person qualified to practise law in a country other than Canada or in an internal jurisdiction of that country, who gives legal advice in British Columbia respecting the laws of that country or of the internal jurisdiction in which that person is qualified"
-------------------------

Texas Brit

Thanks for all the tips folks. Very much appreciated.

I was aware of that foreign law thing, but I think application of that might be quite limited and I know there are time limitations and renewal requirements. Still, I am going to look into it more. I am only just starting to scratch the surface on this thing.

This is going to sound like such a newbie question, but what's so special about Buffalo and what is this 12-month rule you are speaking about? Guess I should do some more searching on this site . .

Thanks again.

Andrew Miller

It is not only Buffalo related matter. It applies to all visa posts. In the past application could have been submitted to any visa post thus applicants from countries like India, China and few other were "shopping around" for faster visa post. Canada has annual immigration quotas and such are allocated to each visa post proportionally to the population within it's jurisdiction - and of course staff and other resources are allocated there accordingly. Because the number of applicants in India, China, etc. exceeds several times annual quotas processing times in those countries are anywhere from 4 to 7+ years and no wonder that many applicants were looking for way to have their cases processed faster, thus submitting them to visa posts other than those in their countries. It resulted in huge backlogs in affected visa posts as they didn't have resources to handle such huge number of applications. It also resulted in disproportional number of immigrants coming from certain countries at the expense of quotas allocated to other countries. So, rules changed and application now can only be submitted to visa post processing immigration applications from (1) applicant's country of nationality or (2) applicant's country of habitual residence providing that applicant has been lawfully admitted to such coutry for at least 12 months. The restriction in option (2) eliminates "faster visa post shoppers" who could simply try to go as tourists to particular country and apply there.

As long as you are US citizen you may apply through Buffalo, regardless where you reside. Same with your Uk nationality - you may also apply through London, regardless where you reside.

Texas Brit

All this information is great.

So the big question is, other things being equal which is the easier, UK or US (quota and timeline wise)?

But, other things aren't equal, by the way, as my wife is just a US citizen.

Andrew Miller

Processing times change quite rapidly and at present London and Buffalo are almost the same. If there is an option to pick visa post (like in your case) then decision where to submit application should be made at the last moment when the most recent data is available from CIC statistics (unfortunately showing only wide range of averages) if you will go through DIY process or based on current record and experience (more accurate) of the practitioner you hire to represent you (if you decide to use professional of course).

The visa post choice will only be available if you are principal applicant - if it is your wife who is better candidate for principal applicant then only Buffalo is the option if you guys reside in US.

Texas Brit

Andrew:

We are pretty close on that test thing on the Immigration site -- 84 for me, 77 for her, but I would probably be primary. Those are pretty solid scores, right?

Thanks again.

JAJ

And not just that, but it also involves an assessment of whether one visa post or another will be more familiar with the applicant's educational/skill background.

For example, a dual UK/US citizen who has lived in the UK since childhood may well find that Buffalo is less familiar with the documentation he submits and standard processing time may not apply. Vice versa if the same dual citizen has only ever lived in the US and applies to London.

Also it's important to consider process for getting visa stamped, some visa posts are more flexible than others.

Without a significant difference in indicated processing time, a dual UK/US citizen who has been living in the UK for some time should normally look to Buffalo as a first choice unless there is a strong reason to apply to London.

Jeremy