Outside country of nationality or habitual residence
(REV-OVS-4-3)

This page contains guidance on how to assess whether a resettlement applicant is outside their country of nationality or habitual residence.

Key messages: Resettlement applicants must be outside their country of nationality or habitual residence, but are not required to establish residence in another country. Applicants may still be “outside” their country of nationality or habitual residence when they have returned for legitimate reasons under the circumstances for a temporary duration, provided the original reasons for departure still exist. Officers should review the entire context of the situation when assessing the reasons for return.

Legal references

• Immigration and Refugee Protection Act – paragraph 96(a)
• Federal Court decision: Ameni v. Canada, 2016 FC 164 – sections 23–30

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Assessing reasons why the applicant originally fled their country of nationality or habitual residence

Consider the circumstances that explain why the applicant originally fled their country of nationality or habitual residence and confirm whether they still exist:

• Did the applicant express that their life was at risk or that they had been persecuted or in danger of being persecuted?
• Did the applicant leave the country after being internally displaced by conflict?
• Was the applicant seriously and personally affected by the conflict? For example, was their home destroyed, their business lost, their employment obstructed or their family personally threatened?
• Was the applicant restricted from moving freely and safely within their country or to neighbouring countries?

Assessing circumstances when an applicant returns to their country of nationality or habitual residence

An applicant may temporarily return to their country of nationality or habitual residence, after having fled, for legitimate reasons. Review the entire context of the situation when assessing the reasons for return:

• Was the applicant forced to return due to circumstances beyond their control?
• Did the applicant return with a close family member who was unfairly deported, such as a spouse or dependant?
• Did the applicant return due a death in the family or to assist with an elderly parent?  
• Did the applicant return for health care when they could not get critical medical service in their country of refuge?
• Did the applicant return to check on property?
• Did the applicant return to assess the situation to decide whether it was safe and viable to return with their family?
• Did the applicant returned to escape abuse in the country of refuge?
• Did the exit and re-entry put the applicant’s life at risk?
• When an applicant has made several return trips, was each trip kept short? Did the applicant go into hiding or take precautions to conceal their presence?