when can i apply for PR? currently in Canada on work visa. URGENT.

[ia76]

Hello all,
I am currently in Canada on one year work visa. The rules say that I can apply for PR in my country of 'Nationality' or 'Residence'. I want to apply at the Buffalo office. Do I qualify to apply in Buffalo NOW or will I have to wait a year before I can apply in Buffalo?

I hope I am making sense. Please respond asap. Your input is greatly appriciated.

Thanks to all those who take the time to help others.

Best regards,
ia76.

 

[qbanky]

if you are american or an american resident then you can apply now. Which begs the question what nationality are you applying as anyway? Finally, with the new rules in place, you apply directly to CIC Sydney

 

[ia76]

I've come from US but not a US resident or Citizen. I am a Pakistani National.

(http://www.cic.gc.ca/english/immigrate/skilled/apply-how.asp#step3)

follow the above link, there are 3 scenarios presented, i fall under the first category, hence Sydney is not an option in my case. First category states:"If you have arranged employment, you will apply to the visa office responsible for your country of nationality or residence." My nationality is Pakistani, and I do not want to apply there, as the waiting period is over 5 years. So I am left with the option of 'residence'.

CIC defines 'residence' as follows "the country in which you are residing, provided you have been lawfully admitted to that country for at least one year"....see following link (http://www.cic.gc.ca/english/information/applications/skilled-mission.asp ).

My question for the experts is whether I satisfy this condition by holding a one year work visa?

If you read the condition, it doesn't say to have 'lived' in the country for one year to meet this requirement. Rather it says '..provided you have been lawfully admitted to that country for at least one year'. The way I see it, I am admitted to the country for one year on a work visa.

Please share your comments, insights, and experiances.

Best regards,
ia76

 

[qbanky]

Unless you have worked in Canada for one year , you cannot be categorized as having the one year requirement. Simple analogy: A person with one year visa who has only worked 1 week in Canada cannot claim "prospective" one year status. If you have not worked one year yet then you cannot claim admission for one year!. I might be wrong but stand to be corrected!

 

[ia76]

qbanky thanks for your response.
It is still a source of confusion and it would be great to have more experts/sr members reflect their thoughts.

 

[ia76]

further comments/suggestions would be appriciated???

 

[Leon]

It is not clearly defined if they mean that you have been admitted with at least a one year visa and can then apply on your first day or if they mean you have to have stayed for a year. It can be interpreted either way.

Somebody on this board contacted the Buffalo office and asked and was told it's the first meaning that they use, that is, if you have been admitted to Canada on at least a one year visa, you can apply in Buffalo, even if you have not been there for one year. That goes for if you have an AEO from your employer, category 2. If you want to apply under category 3 as having lived in Canada for 12 months, see http://www.cic.gc.ca/english/information/applications/skilled.asp then obviously you have to have lived in Canada for 12 months for that.

Also, forget that it takes 5 years to apply from Pakistan. That was under the old rules. Something like 18 months through Buffalo, 3 years through London, 6 years from India whatever. Those are old news. The new applications are going under another stream so nobody knows yet how long they will take but they are supposed to be a lot faster.

 

[ia76]

Leon thanks for your thorough response. I have consulted with immigration lawyers regarding the interpretation of 'residence' requirement and the general consensus it seems, is to have been "Admitted for one year" rather than been here for one year before being eligible for Buffalo office.
However, in my case since my wife is in Pakistan, I have been told to submit the case in Islamabad because if an interview is required she will not be able to make to Buffalo office.
I qualify under 0213 IT category based on my last 3 years of experience and education (BS in IT, MBA in Project Management both from US). So I will be filing in Islamabad through Sydney under the new rules.
If you would like to add in terms of what to steer away from or any hurdles that you foresee, please do let me know.
Wish me luck....I wish you all best of luck and will keep everyone posted on the progress.

Best regards,
ia76.