Another chargeability question

[rafi-cairo]

A friend is about to apply for DV-2015. He was born in England, a country whose natives are not eligible to enter. His parents were born in Poland, so he wants to put Poland as his country of chargeability. The question is, when he was born his parents were in England for 3 years working for a company. The rules state this

you can be “charged” to the country of birth of either of your parents as long as neither of your
parents was born in or a resident of your country of birth at the time of your birth. People are not generally
considered residents of a country in which they were not born or legally naturalized, if they were only visiting,
studying in the country temporarily, or stationed temporarily for business or professional reasons on behalf of
a company or government from a different country other than the one in which you were born.

His parents were working for an English company and not a company from a different country. Will that 3 years stay be considered a temporary one and he will be successfully charged to Poland, or the stay in England will be considered a form of residence and therefore he can't be charged to Poland?

Thanks

 

[Britsimon]

A friend is about to apply for DV-2015. He was born in England, a country whose natives are not eligible to enter. His parents were born in Poland, so he wants to put Poland as his country of chargeability. The question is, when he was born his parents were in England for 3 years working for a company. The rules state this

you can be “charged” to the country of birth of either of your parents as long as neither of your
parents was born in or a resident of your country of birth at the time of your birth. People are not generally
considered residents of a country in which they were not born or legally naturalized, if they were only visiting,
studying in the country temporarily, or stationed temporarily for business or professional reasons on behalf of
a company or government from a different country other than the one in which you were born.

His parents were working for an English company and not a company from a different country. Will that 3 years stay be considered a temporary one and he will be successfully charged to Poland, or the stay in England will be considered a form of residence and therefore he can't be charged to Poland?

Thanks

That is a tricky one and I honestly don't know the answer. My guess is that there is some case that could be used to argue this case - but Raevsky is the expert on those technical matters and I don't think you would value his opinion, so it is a tough one...

Maybe your friend should just take the risk and see if he gets selected. If he does, he might be able to make his case during the interview...

 

[rafi-cairo]

Of course I'd value any sound information. Saw that case you're talking about and unless I'm talking about a different one that case involves claiming a different country of changeability when the country of birth is eligible. I think he should just do as you said since it's a very tricky one indeed and I have received no answers for it elsewhere as well. Thanks.

 

[TheRealCanadian]

His parents were working for an English company and not a company from a different country. Will that 3 years stay be considered a temporary one and he will be successfully charged to Poland, or the stay in England will be considered a form of residence and therefore he can't be charged to Poland?

Considering the fact that they were living in the UK for three years and working for a British company, his chances are next to zero.