How is the "country of habitual residence" defined?

Upvote:2

This appears to be a standard phrase. What could it mean?

Based on the applicant's immigration status outside their country of nationality or habitual residence, I am not satisfied that they will leave Canada.

Your question implies that you are assuming that they have decided that the country where you live is not your country of habitual residence, and that if you can convince them that it is perhaps this will negate this reason as a basis for refusal. It's possible that you're right about this.

I suspect, however, that this phrase is used because of its significance in the refugee convention, where the "habitual residence" part applies only to stateless people. For example, one of the elements of the definition of "refugee" under the convention is

is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.

If this is true, then the fact that you have a country of nationality means that your place of habitual residence is irrelevant, and the reason reduces to

Based on the applicant's immigration status outside their country of nationality, I am not satisfied that they will leave Canada.

Now it's anyone's guess why your status as a permanent resident of whatever country it is would lead to a visa officer being "not satisfied" that you would leave Canada. If you want to let us know what the countries are, it might help to clarify.

More post

Search Posts

Related post