Canadaproject

The Canada gazette (published in 2002) in Page 25 says:

"11. (1) An application for a permanent resident
visa other than an application for a permanent
resident visa made under Part 8 must be made to
the immigration office that serves
(a) 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
(b) the applicant's country of nationality or, if
the applicant is stateless, their country of habitual
residence other than a country in which they are
residing without having been lawfully admitted."


I have a small question regarding the above. What does
"lawfully admitted to that country for a period of at least one year"
exactly mean .

For example, if I go to US on H1b Visa (valid for 3 yrs and extendable for another 3), can I apply for Canadian PR immediately after going to US or do
I have to wait for 1 year in US before applying at CHC Buffalo.
Your help is greatly appreciated.

kevmcfoster

Hey
Ul have to wait and complete 1 year legally to be eligible to apply to buffalo.

tc

Andrew Miller

No, you don't need to be in US for at least a year - you must only be admitted for at least a year.

Canadaproject

Thank you Mr Miller for your feedback. However the Canada gazette
document does appear to be a bit vague. Perhaps they should have
added some examples along with it.

Andrew Miller

No need for examples as matter is quite clear. What counts is an admission period - you need to be lawfully admitted to US for at least 12 months in order to be eligible to apply through BUffalo. Admission is an admission, there are no different examples to deal with - you are either admitted to the country for at least 12 months or you are not.