DCF Canada

[trailmix 77]

Ok so I see, fairly regularly where Canadians asking about DCF in Canada are told the following:

You must be legally resident in Canada for 6 months before applying via DCF - or -

You must be a Permanent Resident of Canada for 6 months before applying via DCF.

The second one is obviously wrong as you don't have to be a permanent resident to apply via DCF, but the first gets repeated a lot and I don't think it's true. I don't see it in the consular guidelines - in fact, for Canadian U.S. consulates I don't see that written anywhere.

Does anyone have a link to any documentation or any first hand experience on this?

What I base my answer on (which is if you are a legal resident you can file DCF) is this, from the AMCITS site:

Evidence of Petitioner's legal long term residence status in Canada, such as a provincial healthcare card, provincial driving license or Canadian immigrant card. link

This indicates to me that they will accept your application if you are a legal resident of Canada - no six month requirement there. Now the Montreal interview instructions do mention a 6 month period, but what they ask for is that when you apply that you be entitled to remain in Canada, legally, for six months.

Note on jurisdiction. Immigrant visa processing at the United States Consulate General in Montreal is limited to: link

- Canadian citizens and landed immigrants.

- Non-Canadians who reside temporarily in Canada and have the permission of the Canadian government to remain in Canada at least six months (for example, those on a study permit).

- Persons now residing in the United States whose most recent foreign residence was in Canada. “Most recent foreign residence” means that you were a student, temporary worker, or landed immigrant in Canada for at least six months prior to moving to the United States.

Please note that this list does not include refugee claimants, unless and until they have subsequently been granted refugee status in Canada.

Edited August 25, 2009 by trailmix