• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

DV lottery interview - chargeability: parents temporary residents at time of birth

D

Dracenstein

Registered Users (C)
DV interview - chargeability - parents temporary residents at time of your birth

Has anyone who's passed their DV interview based on parent's origin of birth had to prove that their parents were only temporary residents in the non-eligible country in which you were born? In other words did anyone during their interview have to provide University transcripts etc for their parents or do they simply take your word for it that your parents were stationed temporarily in your in-eligible native country if you claim that they were to the best of your knowledge?
 
Last edited by a moderator:
This issue became a problem for my family at our interview yesterday.We are now under administrative processing.I will let you know outcome.
 
Dracenstein said:
Has anyone who's passed their DV interview based on parent's origin of birth had to prove that their parents were only temporary residents in the non-eligible country in which you were born? In other words did anyone during their interview have to provide University transcripts etc for their parents or do they simply take your word for it that your parents were stationed temporarily in your in-eligible native country if you claim that they were to the best of your knowledge?
Click to expand...

No, you'll have to prove it, and do so by providing evidence. Invitation letters from the university, passports with student/temporary visas in them, and any other sort of evidence that is relevant to prove the temporary nature of their stay.
 
Tell us more about your situation. Where were you born? Where were they born? Where did they live permanently at the time you were born? What did they do in your country of birth?
 
I was born in Canada to parents from Uruguay. They were both in Canada as Christian missionaries at the time of my birth. After my birth they decided to stay and became Canadian citizens.
 
When were you born?
When did they become landed immigrants?
What visas did they have at the day of your birth?
When did they enter Canada?
When was the expiration date of the visas?
University transcripts
Click to expand...
Did they study in Canada at that moment?
 
I was born in '78. Parents entered Canada in 1976. Not sure if or when they became landed immigrants as they came to Canada under the guise of a temporary mission with the intent of returning to Uruguay. I don't know when their visas expired as they no longer have their old passports that I could use as evidence. No university in Canada either. I only have my mother's Canadian citizenship card that states she became a citizen of Canada a year after my birth in 1979.
 
In order to become a citizen she needed to be a landed immigrant for at least 3 years (not 100% sure this rule was in effect in 1979, but most likely). So, you were born when she was already landed. What makes you ineligible for Uruguian changeability.
 
After my birth they decided to stay and became Canadian citizens.
Click to expand...
Looks like that is incorrect. They decided to stay before your birth, and obtained all documents that allowed them to stay, before your birth.
 
Dracenstein said:
I was born in '78. Parents entered Canada in 1976. Not sure if or when they became landed immigrants as they came to Canada under the guise of a temporary mission with the intent of returning to Uruguay. I don't know when their visas expired as they no longer have their old passports that I could use as evidence. No university in Canada either. I only have my mother's Canadian citizenship card that states she became a citizen of Canada a year after my birth in 1979.
Click to expand...

With the information and the dates you've provided, you do not qualify to use the parent-chargeability clause. Obtaining the Canadian citizenship a year after your birth indicates your parents were not temporary residents as at the time of your birth. They needed to have resided in Canada for a couple of years before qualifying for Canadian citizenship.
 
The question is how did one go from temporary residency to permanent residency in Canada in the late 70s? My understanding is a person who had resided in Canada for at least 3 years whether temporarily or permanently could seek citizenship at that time. And that a temporary residency only becomes a permanent residency in hindsight depending on whether they decide to apply for citizenship after three years. I'm quite sure that today in Canada the laws have changed requiring a permanent residency status of at least three years before citizenship.
 
http://en.wikipedia.org/wiki/Canadian_Citizenship_Act_1946

Acquisition and loss of citizenship, 1947-1977

naturalization in Canada after five years' residence as a landed immigrant
Click to expand...

1977 reformThe Act was replaced on 15 February 1977 by the Canadian Citizenship Act, 1976,[10] now known as the Citizenship Act.[11]
Click to expand...


This is the current law:

http://en.wikipedia.org/wiki/Canadian_nationality_law

Naturalization as a Canadian citizen
A person who is a permanent resident may apply for Canadian citizenship by naturalization (grant) subject to the following conditions.

The person:

has lived in Canada for a total of 1095 days during the four years preceding the application for citizenship, including two years as a permanent resident
Click to expand...
 
in my situation, my husband the principal applicant applied using his mothers country as chargeability. The interview was going well until the consular asked did his mother return to her native country ? which she didn't .Although the consular was convinced that his mother was most certainly a temporary resident when he was born, the fact that she didn't return has left us under administrative processing :(

We are trying to be optimistic that we are still in with a chance.
 
raevsky said:
http://en.wikipedia.org/wiki/Canadian_Citizenship_Act_1946

Acquisition and loss of citizenship, 1947-1977






This is the current law:

http://en.wikipedia.org/wiki/Canadian_nationality_law
Click to expand...

Many thanks for the info. Based on the law after 1977 this means that my parents must have been considered permanent residents during the three years prior to naturalization which disqualifies me from the DV. Good to know - keeps me from developing false hopes, plus the waste of time & money in the process.
 
makeithappen said:
in my situation, my husband the principal applicant applied using his mothers country as chargeability. The interview was going well until the consular asked did his mother return to her native country ? which she didn't .Although the consular was convinced that his mother was most certainly a temporary resident when he was born, the fact that she didn't return has left us under administrative processing :(

We are trying to be optimistic that we are still in with a chance.
Click to expand...

Please let me know how it turns out for you.
 
makeithappen said:
in my situation, my husband the principal applicant applied using his mothers country as chargeability. The interview was going well until the consular asked did his mother return to her native country ? which she didn't .Although the consular was convinced that his mother was most certainly a temporary resident when he was born, the fact that she didn't return has left us under administrative processing :(

We are trying to be optimistic that we are still in with a chance.
Click to expand...

You will be most likely asked to provide proof;

a) Of her birth in that DV eligible country
b) That she had a permanent adobe there to return, if she wished.
c) Her non-immigrant visa status in the country of residence at the time of baby's (your hubby) birth,

Best!
 
Last edited by a moderator:
NuvF said:
You will be most likely asked to provide proof;

a) Of her birth in that DV eligible country
b) That she had a permanent adobe there to return, if she wished.
c) Her non-immigrant visa status in the country of residence at the time of baby's (your hubby) birth,

Best!
Click to expand...

I sincerley hope you are correct .The main reason for our worry is that on the blue administrative processing sheet 221g the consular just ticked additional administrative processing required not giving the option for my hubby to provide additional documents to strengthen our case. He said they will be in touch and returned our passports but kept our other documents. We have perceived it as a negative sign that our passports have been returned.If we are given the opportunity to provide documentation for his mother I would be very optimistic, time will tell.

Thank you so much for your opinion.
 
You must log in or register to reply here.
Top