2018 Diversity chargeability to parent question

[KevinK15]

Good morning,

My wife and I are applying for the 2018 diversity lottery using our parents place of birth (Trinidad and Tobago). We were both born in Canada at a time where both our parents were not permanent residence which will qualify us.

However, I know obtaining certain proof may take some time and would like to get a head start. What proof will we be required to show that our parents were not permanent residence in Canada at time of our birth?

Thanks,

 

[Sm1smom]

Did your parents subsequently go on to acquire Canadian permanent residency after your birth? Did they return home to T&T after your birth? What where they doing in Canada at the time of your births?

 

[SusieQQQ]

Good morning,

My wife and I are applying for the 2018 diversity lottery using our parents place of birth (Trinidad and Tobago). We were both born in Canada at a time where both our parents were not permanent residence which will qualify us.

However, I know obtaining certain proof may take some time and would like to get a head start. What proof will we be required to show that our parents were not permanent residence in Canada at time of our birth?

Thanks,

To add to the questions mom has asked, it is not enough that your parents were not permanent residents at the time; you'd have to prove that they were only temporarily in Canada at the time of your birth.

 

[KevinK15]

Did your parents subsequently go on to acquire Canadian permanent residency after your birth? Did they return home to T&T after your birth? What where they doing in Canada at the time of your births?

My mother was the only one to return for a brief period (6 months), before returning with permanent residence.

SusieQQQ, that being said, I assume the only way is via old passport with the stamps?

 

[Sm1smom]

My mother was the only one to return for a brief period (6 months), before returning with permanent residence.

SusieQQQ, that being said, I assume the only way is via old passport with the stamps?

The cross chargeability exception states:

(b) A child born in a non-qualifying country in which neither parent was born nor resident at the time of the child’s birth, may claim the birthplace of either parent;

From what you've described above, it looks like your parents were already going through the process of getting their permanent residency in Canada as at the time of your birth.

Even if they didn't have their permanent residency when you were born. This will not qualify as a case of visiting or working there on a temporary basis if only your mom left and returned 6 months after - they were not temporarily in Canada. So I don't think you can cross charge to their country of birth in this case.

 

[SusieQQQ]

I agree with mom's interpretation, both because your mom only temporarily left Canada (the opposite of temporarily being there in fact) and because the criterion is neither parent, and the implication is that your dad stayed.