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Where to apply? Law is unclear. HELP!

Where to apply? Law is unclear. HELP!

Old Nov 28th 2005, 7:51 am
  #1  
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Default Where to apply? 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 should apply to Buffalo or to the Canadian High Commission in my home country. Interpreting the relevant law is problematic 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? Since I do not plan to live in the US for more than six more months I would much rather send it to the high commission in my country of nationality.

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.
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Old Nov 28th 2005, 8:30 am
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Default Re: Where to apply? Law is unclear. HELP!

Hi

Originally Posted by bandana
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 should apply to Buffalo or to the Canadian High Commission in my home country. Interpreting the relevant law is problematic 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? Since I do not plan to live in the US for more than six more months I would much rather send it to the high commission in my country of nationality.

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.
Notice the "or", apply to your home country.

PMM
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Old Nov 28th 2005, 8:39 am
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Default Re: Where to apply? Law is unclear. HELP!

Originally Posted by PMM
Hi



Notice the "or", apply to your home country.

PMM
Thanks for the reply. The question was, whether the "or" (ie. the option to apply to the country of nationality) is still valid if you qualify for option 1 (ie. lived legally in the US for more than one year).
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Old Nov 28th 2005, 8:48 am
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Default Re: Where to apply? Law is unclear. HELP!

or applies to you and further more, if you think Buffalo is better for you in terms of processing times, you can apply to buffalo eventhough you will be leaving the US after 6 months, they can still process your application as long as you inform them about your new address but it's better to keep a US mailing address.
good luck
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Old Nov 28th 2005, 4:48 pm
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Default Re: Where to apply? Law is unclear. HELP!

if u are not from a visa waiver contry it is risky to assume that you can attend an interview in the US if required to.

Originally Posted by bandana
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 should apply to Buffalo or to the Canadian High Commission in my home country. Interpreting the relevant law is problematic 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? Since I do not plan to live in the US for more than six more months I would much rather send it to the high commission in my country of nationality.

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.
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