Newsletter:

Q1: Where must I apply for permanent residence?
A1: You must apply to the office serving the country where you have been lawfully admitted for at least one year. You can always apply as well to the office serving your country of nationality (or your country of habitual residence if you are stateless).

Q2: When can I, having been lawfully admitted to a country for at least one year, apply for permanent residence to the office serving that country?
A2: R11 makes no reference to any timeframe and theoretically, you could apply just after having obtained a lawful temporary status valid for a year.

Q3: If I have been lawfully admitted to a country for less than a year, can I apply for permanent residence to the office serving that country during that stay ?
A3: No. To be considered eligible to submit an "application for permanent residence" to the office serving that country, you must have been lawfully admitted in it for a period of at least one year.

Q4: If I obtain a temporary status extension of sufficient duration (i.e. total continuous temporary status that would amount to a year or more) after an initial less-than-a-year temporary status in that country, will I qualify to apply for permanent residence?
A4: Yes.

Q5: Can I still apply for permanent residence if I have been lawfully admitted to a country for at least a year but have since fallen out of status (the year has expired or my status has been cancelled)?
A5: There is nothing in the Regulations preventing you from submitting an application for permanent residence in that situation but, being out of status, you could be subject to measures of enforcement applicable in that country and likely be asked to leave it voluntarily or by force, in which case the processing of your application could become problematic, for instance if you could not be present for an interview if required.

Q6: What happens if I have been lawfully admitted to a country for a year and have submitted an application for permanent residence but the processing of it is not completed at the end of the year?
A6: The processing of the application will continue at the office where it was submitted. If you have to leave that country, the office could transfer the file to the office serving your new country of residence, if there are compelling reasons for it and if the integrity of the process is improved.

Q7: What if I have a common-law partner who is currently residing in another country?
A7: If you are the principal applicant, they should be included in your application as a dependent.

You can find more int the Newsletter Issue 1 is devoted to the application of Section 11(2) of the Immigration and Refugee Protection Regulations concerning where to file a permanent residence application. View Full document Issue 1 here

If you have a question that you would like answered, email Rob at rhughes@smith-hughes.com