Visa Office question - "Lawfully admitted to for at least one year"?

[bongd]

I'm holding a student visa in Australia that's expiring in January 2010. In my PR application, I have nominated the visa office in Sydney, Australia. Before we submitted the application in September, my husband had called CIC in Canada and asked them, and they said that was okay. I have just read a thread here that said I would need a visa that is valid for at least one year after submitting the application. Now I'm confused and nervous, please let me know which one is right!

[Suin]

if cic said that it was ok, so there will be no problem with it. in the guide they say that you should be lawfully admitted for a year, it means you have already stayed in that country for a year.

[bongd]

That's what I thought too when I read it, because I've been living here in Australia for 5 years so I thought I was safe. But it kinda makes more sense that they'd want you to have 1 year visa left, doesn't it? I hope it's alright though. We called CIC before submitting but you know, just to be sure, cos that person who picked up his phone call that day could just happen to be a new part-timer or something LOL

[mitamata]

I guess that would be my fault, I put it wrongly. I'll go rectify that so it doesn't scare anyone else

The guide says:

Under Canadian immigration legislation, an application for a permanent resident visa must
be made at the visa office responsible for:
• the country where the applicant is living, if the applicant has been lawfully admitted to
that country for a period of at least one year, or
• the applicant's country of nationality, or
• the applicant's country of habitual residence, if the applicant is stateless and has legal
status in that country.

The person you are sponsoring will have to provide evidence of his or her status in the country
where he or she is living. Should that status change or expire before the visa office has completed
the processing of the application, processing of the application will be completed in the office
where it was submitted unless circumstances dictate otherwise.

Meaning if you came in the country holding a visa that let you stay there for 1 year or more, you can apply in that country if you live there. Even if the visa expires less than a year from the point when you apply.

Sometimes though, they seem to ignore that and send it to the country of nationality anyway. It happened to a member here, julchen_79. She was in Canada, holding a visa that expired well more than a year after she applied and even though she chose Buffalo as the processing office, the app got sent to Berlin. So... *shrugs* CIC works in mysterious ways.

[ariell]

if cic said that it was ok, so there will be no problem with it. in the guide they say that you should be lawfully admitted for a year, it means you have already stayed in that country for a year.

No, that is not what it means. It means that you were legally admitted to the country in question for a period of one year. It doesn't mean you need to have already lived in that country for one year.

bongd, processing time in Sydney is 3-9 so there is a big chance that your application will not be finalized before your visa expires in Jan. Can you get an extension on your visa?

[bongd]

I sent an enquiry to Sydney visa office. They told me they've received my application from Missisauga and also said:
"Once your file has been reviewed by an immigration officer you will then be advised whether we can continue to process your application through our office.  As you had valid status in Australia prior to submitting your application (5 years in Australia) you were able to nominate the Sydney office as the initial processing office." I've replied saying that I intend to apply for a tourist visa after my student visa expires because I need to be here in Australia for my graduation ceremony in May.

My husband has also called CIC in Canada. According to them, my visa situation shouldn't be a problem, but it really depends on the visa office.

Here's hoping they won't kick my application to the back of the queue in Singapore.

[Suin]

No, that is not what it means. It means that you were legally admitted to the country in question for a period of one year. It doesn't mean you need to have already lived in that country for one year.

does it mean that one should have at least a one year valid visa to file the application and it doesn't make any difference if one lived in that country just a few months out of that year?
thank you

[ariell]

does it mean that one should have at least a one year valid visa to file the application and it doesn't make any difference if one lived in that country just a few months out of that year?
thank you

Yes, that's what it means. You could have a one year visa and only have lived there a few days to be able to file using the visa office for that country.

[Suin]

[quote author=ariell link=topic=29015.msg170521#msg170521 date=1258743286

Yes, that's what it means. You could have a one year visa and only have lived there a few days to be able to file using the visa office for that country.
[/quote]

thank you for your reply, Ariell. I have a multiple entry visitor's visa to the US, but spent just 3 months in there. so, as I can understand I could apply through Buffalo office too?

[ariell]

Suin: how long is your visa valid for?

[bongd]

It seems to me that there's differing opinions even within CIC and visa offices about this. I never would've nominated Sydney as my visa office if the person on the phone from CIC in Canada didn't say it was okay. And I'd be furious at Canadian CIC office if my application is delayed for months because they gave me the wrong advice.

On the other hand, seems like CIC has no idea at all and it's really up to the processing visa office. Like mitamata says, someone's application was sent away even with a visa that's valid for more than one year. The reply I got from Sydney office wasn't very clear as well-they didn't say straight out that they can't process it, so the one year minimum visa validity doesn't seem like a hard and fast rule. I'm thinking that maybe it's decided on a case by case basis, depending on complexity of case, how hectic the office is, etc. Any thoughts?

[ariell]

...so the one year minimum visa validity doesn't seem like a hard and fast rule. I'm thinking that maybe it's decided on a case by case basis, depending on complexity of case, how hectic the office is, etc. Any thoughts?

It's not a hard and fast rule. It's always up to the discretion of any visa office to forward your application on to another visa office if doing so would enhance "program integrity". What this means is that they can transfer your file if the visa office where your file is being transfered to is in a better position to carry out a proper assessment of the visa application, because of local knowledge of documents and security issues.

[Suin]

Suin: how long is your visa valid for?

sorry, forgot to mention - one year multiple entry visa.

[Suin]

my opinion is that it's always better to use the office of your country of residence to avoid any possible problems.

[ariell]

Suin: You can submit your PR application through Buffalo if you have been lawfully admitted to Canada or the United States for a period of at least one year. So yes, in your case, you would have been able to choose Buffalo as your visa office.