innosense said:
That is how it has been interpreted by CIC.
I disagree. Whatever is wrong with CIC means nothing. Law is as it has been written and interpreted by CIC.
I am not confusing anyone. I am sharing the correct information. You need to get out of your own beliefs and accept the correct meaning of the term "Lawfully Admitted"
On the contrary, if you have not heard of something, it does not mean that it is not there. It is lack of knowledge.
Here is what the Law says, Read it for your knowledge:
Extract from the page on CIC Website at the following Link:
http://www.cic.gc.ca/english/resources/manuals/op/op01-eng.pdf
OP1
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5.17. What is meant by “lawfully admitted”
The intent of R11 is not to expend energy on front-end R11 eligibility screening, but rather to protect program integrity by ensuring that applications are submitted to offices with the appropriate expertise and local knowledge. However, there may be times when R11 eligibility will determine case processing actions (file transfers, for example) and the following information on “lawful admission” should assist in determining R11 eligibility in these cases.
1.
For the purposes of R11, “lawful admission” is broadly defined and may cover many situations, a few of which are described below. However, the circumstances in which an individual has not been lawfully admitted and is therefore ineligible to apply at a visa office are limited to:
i) persons who entered a country without status and still have no status in that country. Under R11, they are not eligible to apply in the country where they currently are living without status.
ii) persons who, at the time of the submission of their application, are not physically in a country served by the visa office through which they are applying. An applicant cannot send an application to a visa office if they are not physically in a country served by that visa office (unless it is their country of nationality).
2.
For the purposes of R11, situations in which an individual is considered to have been “lawfully admitted” will include (but are not limited to):
i) persons who were lawfully admitted, but no longer have legal status when the application is submitted. For example, a person who has entered a country lawfully but at some time subsequent to lawful admission has lost legal immigration status is considered to have been lawfully admitted, whether or not status has been restored at the time of the application to the visa office. Such applicants may or may not qualify for a visa, but their application must be accepted for processing and assessed on its merits;
ii) persons who initially were not lawfully admitted, but have since gained legal status and have legal status at the time an application is submitted;
iii) where an individual enters a country illegally, and then makes a refugee claim, the claim must be finally determined. If positive, the person could be considered "lawfully admitted" on the date the positive decision is made on the claim. Making a refugee claim in itself does not regularize a person's immigration status and does not imply that the person has been "lawfully admitted." In Canada and the United States, during the processing of a refugee/asylum claim, the individual does not have lawful status. Therefore, a person would not be considered to be lawfully admitted until a positive decision has been received on the claim. However, other countries vary in their interpretation of what type of status an individual may have while awaiting a decision on a refugee claim. Therefore, officers should require applicants to provide documentary evidence of their lawful status. In all instances, a positive decision on a claim would certainly provide the individual with lawful status.
It is the opinion of Legal Services that the making of a refugee claim alone does not regularize a person's immigration status for the purpose of making an application for a visa (either permanent or temporary) to Canada.
The granting of the asylum decision is the determinative date of a person's immigration status. The date the decision is rendered on the asylum claim becomes the date the individual is considered to be “lawfully admitted.”
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