What does "have been lawfully admitted to Canada" mean?

[alisa]

Hi,

I just wonder what does it mean by "have been lawfully admitted to Canada for a period at least one year"? I read from this forum, I have seen the word "initial admitted" which I couldn't find from CIC website regarding the initial admitted.

I am applying for PR through Buffalo. Now the more I read from this forum, the more I'm worried that I might misunderstood that I am eligible to apply PR through Buffalo. I have been travel to Canada couples of time since 2007. Here's my travel detail.

Sep 2007 - I got 3 month single TRV to come to Canada for business meeting. I stayed in Canada for 2 weeks.

Jan 2008 - I got 1 year multiple TRV. I came to Canada twice using this multiple visa. 2 weeks each trip.

Jun 2008 - I cancelled visa I got in Jan 2008 and applied for new one as I renewed my passport. I got 1 year multiple TRV. I used visa I got in Jun 2008, came here to Canada in Jul 2008.

Nov 2009 - I applied for study permit from Canadian embassy in US. They gave me 8 months study permit as well as new TRV valid for 8 month even though visa I got in Jun 2008 was still valid.

Jul 2009 - I extended my study permit and TRV. I got 1 year extension up until Sep 2010.

Since Jul 2008 (almost 2 years until now), I have stayed more than 95% of the time in Canada. I have been traveled back to my home country as well as US, France couple of time for a short trip.

My question is, in my case am I eligible to apply for PR through Buffalo? Is "initial admitted" based on first TRV I got in Sep 2007 or it means the one in Jun 2008 that I used it to come here in Jul 2008. If it is from Jun 2008, my visa got cancelled and they issued new TRV to me in Nov 2009 even though original period in Jun 2008 was one year.

Anyone who know about this rule, please help me.

Thanks.

 

[fibud]

You are ok to submit through Buffalo as you are currently on a valid legal student visa for a period of 1 year. However if the PR is not issued by Septemeber 2010 you may have to leave the country - although you can still apply to extend or change your status.

 

[matthewc]

More important than whether you can apply through Buffalo, is whether you can enter the USA. If Buffalo calls for an interview, you need to be able to get there. Before applying through Buffalo, be certain you will be able to get a US visa if needed.

 

[alisa]

Thanks

Fibud - I plan to extend my TRV in Aug if I don't get PR. If it's denied, I have no problem to go back to my home country and wait.

Matthew - I have 10 year B1/B2 visa to US.

 

[alisa]

I called CIC today. The woman I spoke to was every helpful. She said as long as I have been in Canada legally for more than a year, I am eligible to apply for PR through Buffalo. The period of initial visa doesn't matter. What matter is legal status in Canada.

I relieve now

 

[PMM]

Hi

I called CIC today. The woman I spoke to was every helpful. She said as long as I have been in Canada legally for more than a year, I am eligible to apply for PR through Buffalo. The period of initial visa doesn't matter. What matter is legal status in Canada.

I relieve now

That is not what the Act & Regulations state

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.

 

[matthewc]

While the wording in the act could be interpreted either way (i.e. "has been admitted to canada for a 1-year or greater period", or "has been in canada legally for one year or more") CIC policy is quite clear that it is the former interpretation that is in use.

OP1 section 5.17 explains this.

http://www.cic.gc.ca/english/resources/manuals/op/op01-eng.pdf

"5.17 What is meant by “lawfully admitted”
...
3. R11(1) also stipulates that an applicant must have been lawfully admitted for at least one year
when applying for permanent residence.

Persons who are applying for permanent residence must be residing in and have been legally
admitted for a period of at least one year to the country which the visa office receiving the
application serves. The applicant is not required to have been residing in the country for one year
at the time of application, but to have been lawfully admitted to that country for a minimum one-
year period at the time of application.

For example, under R11(1), an individual may have lawfully entered and be currently residing in a
country on the basis of a one-year work permit. Anytime during that year, the individual would be
eligible under R11(1) to apply for permanent residence to Canada through the visa office
responsible for applications from the country in which the individual is residing."

So what matters is not your original entry into Canada, but whether your current status is granted for one year or more. If you have a 1-year or longer work permit, study permit, or visitor record, you can apply to Buffalo. If you do not, you can't.