Choosing the right embassy can be crucial
IN September 1994, an application for immigration to Canada was submitted to the Canadian Consulate in Buffalo, New York, based on advice obtained from a Toronto solicitor, writes Mitchell Brownstein.
A detailed explanation of the applicants eligibility under the Canadian regulations was enclosed in a cover letter, outlining their presumed eligibility under federal jurisdiction.
However, at that time the applicants intended settling in Quebec, which resulted in their application being referred to the Quebec Delegation.
After examination by the Quebec immigration authorities, it was determined that the family was, in fact, not eligible to immigrate to Canada through the province of Quebec based on Quebec's current immigration selection criteria.
It was explained to the family that although they were ineligible to immigrate to Canada through Quebec, should they decided to immigrate to another province, their application, which was initially filed in the Canadian Consulate in Buffalo, New York, could be reactivated based on the federal regulations, for which they were clearly eligible.
Furthermore, as the principal applicant was a geologist, an occupation appearing on the Occupations List, he was also eligible to apply for immigration to Canada under the Independent category.
French culture
Thus, a letter was immediately sent to the Canadian Consulate in Buffalo requesting that the family's application be reactivated based on the fact that their intention concerning their destination where they wished to reside had been changed from Montreal, Quebec to Ottawa, Ontario for the following reasons:
After reviewing the job market in Montreal, the principal applicant felt that he would have a far better opportunity of obtaining employment in Ontario.
Although the applicant appreciates and enjoys the French culture of Quebec, his mother tongue is English and naturally he is more confident about settling in Ontario.
Although the family had been in Montreal, Quebec on temporary status for several years, the Quebec immigration regulations required that Independent applicants obtain an attested job offer in Quebec from a permanent employer prior to obtaining landed immigrant status. Since this was impossible to obtain, it was clear that the applicant was not eligible based on Quebec regulations.
For all the above reasons, the family decided to settle in Ottawa rather than Montreal.
They also chose Ottawa as it is close to Quebec and the principal applicant's spouse, who is a second language teacher, felt she would be able to obtain employment in Ottawa as a demand for her particular job skills exists there as well.
On June 22nd 1995, a letter was received from the Canadian Consulate in Buffalo stating that the family could expect and interview within six to eight months which would occur some time between January and March 1996.
On January 3rd 1996 another letter from the consulate stated that they should not expect an interview until sometime within the next 12-15 months.
Therefore, based on the fact that the principal applicant's spouse was an American citizen and the principal applicant was from the UK, it was determined that it was in the best interest of the family if their file was transferred from the backlogged Buffalo consulate to the efficient one-step Canadian High Commission in London.
Several months later, the family attended their interview at the Canadian High Commission in London and were accepted as landed immigrants for Canada.
The moral: it can be vital that all individuals who intend to immigrate to Canada carefully choose the appropriate high commission or embassy as well as the regulations that best suite their particular needs.
For information on this and other matters concerning immigration to Canada, contact Brownstein and Brownstein Attorneys, 1310 Greene Avenue, Suite 750, Montreal, Quebec H3Z 2B2, Canada: Tel: 514-939-9559; Fax: 514-939-2289.
Representatives of Brownstein and Brownstein visit London on a regular basis to meet with people interested in immigrating to Canada.
E-mail: brownstein@accent.net; Website http://www.brownsteinlaw.com
