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Author Topic: CAN I APPLY FOR PERMANENT RESIDENCE IN THE UK TO CANADA  (Read 414 times)
Oil2011
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« on: June 28, 2011, 05:29:02 am »

I came into the UK with 2 yrs  Highly Skilled Migrant Program Visa in 2008 and the visa is now expired but I am still in the UK. Can I apply for my Permanent Residence (Federal Skilled Worker) to canada in the UK even though my visa is expired???

I am a Nigerian.

All contributions will be appreciated.
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Cappuccino
VIP Member
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Posts: 4174
Ratings: +360
Category........: FSW1
Visa Office......: London
NOC Code......: 3131
App. Filed.......: 30-Aug-2010
AOR Received.: 15-Dec-2010
IELTS Request: Sent with app - 8.5 band score
Med's Request: 13-Apr-2011
Med's Done....: 19-Apr-2011
Passport Req..: 28-June-2011
VISA ISSUED...: 21-July-2011
LANDED..........: 27-Aug-2011

ECAS
Recd By VO.....: 11-Feb-2011
In Process.......: 15-Mar-2011
Decision Made.: 25-Jun-2011

« Reply #1 on: June 28, 2011, 05:34:31 am »

I came into the UK with 2 yrs  Highly Skilled Migrant Program Visa in 2008 and the visa is now expired but I am still in the UK. Can I apply for my Permanent Residence (Federal Skilled Worker) to canada in the UK even though my visa is expired???

I am a Nigerian.

All contributions will be appreciated.

If your visa has expired how are you legally staying in the UK? Or are you doing so illegally?

AFAIK as long as you tell the truth on all forms I do not think that staying illegally in a country which is not Canada will specifically preclude you from applying for FSW1 in Canada. However, it is highly inadvisable generally to be living illegally in any country!

Under which occupation were you planning to apply? On 1st July 2011 the "doors" are open again for all of the 29 in-demand occupations, but many of theses are expected to fill up very quickly and there is a cap of only 500 applications per occupation.

Wayne.
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Please make update requests IN GREEN on the post J26 thread!
My Canada blog = http://get2canada.wordpress.com

Also I would recommend attending a CIIP course after you get med requests!
http://get2canada.wordpress.com/our-ciip-experienc
Leon
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Posts: 13682
Ratings: +570

« Reply #2 on: June 28, 2011, 06:42:41 am »

It depends on the London visa office.  There is a clause that says you may apply in the country of residence if you have been legally admitted to this country for one year or longer.  The Buffalo interpretation of that clause is that you may apply through Buffalo if you have or had at least a one year visa into the US, even if that has since expired and you have become out of status.  I don't know if London sees it the same way.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
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