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Where to apply: Make a smart choice |
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A question that I am frequently asked when discussing immigration with a client is: “Where do I apply?” Although this seems like a simple question, the answer might decide how quickly your application is processed.
 Many factors determine where an immigrant, or should I say prospective immigrant, should and can apply.
First,
where a person applies depends upon what they are applying for. In most
instances an applicant for a work permit or study permit must apply for
their visa in their country of origin.
However, new amendments
to the Immigration and Refugee Protection Act allow foreign workers
from certain ‘visa exempt’ countries to apply for a work permit
directly at the port of entry or border entry, provided of course that
they have a favourable Labour Market Opinion from Human Resources and
Skills Development Canada.
Also, some prospective immigrants may
not be living in their home countries and have no intention or means to
return to their home countries prior to entering Canada. In this
instance, if the person has valid legal status in their country of
current residence, they can apply at the Canadian Consulate or Embassy
in that country.
For example, a Chinese national working in
the US pursuant to a valid work visa who receives a job offer and
favourable Labour Market Opinion could apply at a Canadian Embassy in
the United States for a Canadian work permit, provided that their US
visa is valid for a period of at least one year.
Any foreign
workers, students or visitors presently in Canada who wish to extend
their stay in Canada, may apply to extend their visas at the Case
Processing Centre located in Vegreville, Alberta.
Prospective
immigrants wishing to apply for Permanent Resident Status also have
some options when deciding where to file their case. Although it is
true that most must file in their home country, a person living in a
different country, who has valid legal status may apply at a Canadian
Consulate or Embassy in that country.
Spouses, Common-law
Partners, and Conjugal Partners currently living in Canada may apply in
Canada for Permanent Residence Status and not be required to return to
their country of origin. This process is usually much shorter than
applying overseas, and after initial approval the applicant may be
invited to apply for an Open Work Permit.
Ultimately, where a
person applies or where they can apply is a very important question and
can be a determining factor in regards to a person's immigration plans.
Processing
times differ substantially and if a prospective immigrant is able to
apply at the Canadian Consulate located in Buffalo, New York, as
opposed to the Canadian Embassy in Beijing, China, they may be able to
cut their wait time in half.
Choosing where to apply does not guarantee a favourable decision but it can result in a much faster one.
About the author: Lesley Love practices immigration law with the firm of Pavey Law and Wannop LLP in Kitchener, Ontario. If you have a question you'd like answered, please post in the forums.
The number of questions answered will depend on their usefulness to a
wider audience as well as on Ms Love's time. If you wish to contact her
on a professional basis, you may do so either via our either via our Contact form, or directly through the Pavey Law and Wannop website.
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