OUT OF JURISDICTION(Andrew Miller)
 

Good day Andrew,

Is my case an example of a out of jurisdiction scenario?

I was born in Hongkong under the British rule in 1973, and immigrated to the Philippines with my parents in 1975. In addition, I got my Philippine permanent residence in the year 1996. And in 2001 Dec, submitted my PR Application to Canadian Embassy Manila, Philippines. And according to CIC they received my application on the 14th of Dec. 2001 and Jan. 21,2002 received AOR from the Embassy.

Furthermore, My fiancee also filed her application on the same date and received AOR 17th Jan.2002 and has initial assessment on 13th of May 2002 indicating an Interview is required.
My question is that, is there a chance we could both receive a Interview Waived and how long should I wait for the initial assessment?

Any response is appreciated.

Neo

Re: OUT OF JURISDICTION(Andrew Miller)
 

No, it is not an out of jurisdiction case, providing that you reside in Philippines.

As for the second part of your post - your question is rather confusing here. If your
fiancée received assessment notice stating that interview is required then there will
be no interview waived for her later.

If you submitted your applications separately then each case is being dealt with
separately and processing time may differ a lot. But you should receive your
assessment notice within not more than few months apart from your fiancée if both
cases were submitted the same day.

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"neo" <[email protected]> wrote in message
news:[email protected]...
    > Good day Andrew,
    >
    > Is my case an example of a out of jurisdiction scenario?
    >
    > I was born in Hongkong under the British rule in 1973, and immigrated to the
    > Philippines with my parents in 1975. In addition, I got my Philippine permanent
    > residence in the year 1996. And in 2001 Dec, submitted my PR Application to
    > Canadian Embassy Manila, Philippines. And according to CIC they received my
    > application on the 14th of Dec. 2001 and Jan. 21,2002 received AOR from the
    > Embassy.
    >
    > Furthermore, My fiancee also filed her application on the same date and received
    > AOR 17th Jan.2002 and has initial assessment on 13th of May 2002 indicating an
    > Interview is required. My question is that, is there a chance we could both receive
    > a Interview Waived and how long should I wait for the initial assessment?
    >
    > Any response is appreciated.
    >
    > Neo
    >
    >
    >
    > --

Re: OUT OF JURISDICTION(Andrew Miller)
 

Apologies for a slightly off-topic response ...

You don't say what your status is under British law, but you would have been born a
citizen of the UK and Colonies (unless your parents were foreign diplomats in Hong
Kong). There was the opportunity, before 1997, to obtain British National (Overseas)
status, but even if you did not do so, when Hong Kong ceased to be British in 1997
you would have become a British Overseas citizen on 1 July 1997 if you had no other
nationality or citizenship on that date.

Although the provisions of the British Nationality (Hong Kong) Act 1997 would not
apply to you as you are not ordinarily resident in Hong Kong,
http://www.ind.homeoffice.gov.uk/def...sp?PageId=1199

you should be aware that if you are a British Overseas citizen (but not a British
National (Overseas)) the UK government has pledged to give British Overseas citizens
the right to register as British citizens *provided* they have no other nationality.
http://www.ind.homeoffice.gov.uk/news.asp?NewsID=165

Although we haven't yet seen the proposed amendment to the Nationality Bill
currently going through the British parliament, it seems that holding permanent
residence in another country (whether the Philippines or Canada) will not be a bar
to registering as a British citizen. If you acquired Philippines citizenship it
would not be possible.

None of this applies if you have a UK born grandparent as you would be a British
citizen anyway in that case.

The new Nationality Bill in the UK is expected to be law by early 2003. You will need
to keep in touch with developments in the UK via the IND website,
http://www.ind.homeoffice.gov.uk if the opportunity to register as a British citizen
may apply to you (and is important to you).

Jeremy

    >On 22 Jul 2002 20:20:10 GMT, neo <[email protected]> wrote:

    >Good day Andrew,
    >
    >Is my case an example of a out of jurisdiction scenario?
    >
    >I was born in Hongkong under the British rule in 1973, and immigrated to the
    >Philippines with my parents in 1975. In addition, I got my Philippine permanent
    >residence in the year 1996. And in 2001 Dec, submitted my PR Application to Canadian
    >Embassy Manila, Philippines. And according to CIC they received my application on
    >the 14th of Dec. 2001 and Jan. 21,2002 received AOR from the Embassy.
    >
    >Furthermore, My fiancee also filed her application on the same date and received AOR
    >17th Jan.2002 and has initial assessment on 13th of May 2002 indicating an Interview
    >is required. My question is that, is there a chance we could both receive a
    >Interview Waived and how long should I wait for the initial assessment?
    >
    >Any response is appreciated.
    >
    >Neo
    >
    >
    >
    >--

Re: OUT OF JURISDICTION(Andrew Miller)
 

Good day Jeremy,

Its OK for the off track question. My status under the British Law in 1973 is British Dependent Territories citizen then it was change to British National (Overseas). My question is this, would it matter to CIC in processing my immigration application to Canada regarding my status quo?

Are you also planning to immigrate to Canada? coz I can sure like to have somebody to know and discuss the Canadian quest of immgrants. Who knows we might see each other in the future in Canada. As for now, we have to be patient and wait.

Thanks for the information you have provided, sure appreciated it.

Neo

Re: OUT OF JURISDICTION(Andrew Miller)
 

    >On 23 Jul 2002 22:20:23 GMT, neo <[email protected]> wrote: Good day Jeremy,
    >
    >Its OK for the off track question. My status under the British Law in 1973 is
    >British Dependent Territories citizen then it was change to British National
    >(Overseas). My question is this, would it matter to CIC in processing my immigration
    >application to Canada regarding my status quo?

I don't think it would make any difference to you as far as CIC is concerned. The
British National (Overseas) passport is well recognised overseas as effectively a
Hong Kong travel document.

It seems likely that the proposed amendment to the UK nationality law allowing
registration as a British citizen will only apply to British Overseas citizens, not
British Nationals (Overseas). But we will have to see the text of the amendment the
British Government eventually brings forward.

Provision was already made for BN(O)s without Chinese (or any other) nationality in
the British Nationality (Hong Kong) Act 1997 to register as a British citizen.
However, one of the requirements is to have been ordinarily resident in HK not only
at the time of application, but also immediately before 4 Feb 1997, so it does not
appear to apply to you.

    >
    >Are you also planning to immigrate to Canada?

No. I'm just interested in the subject of immigration in Canada, and other countries.
But I have visited Canada and I think it's a great choice for anyone to make a new
life - as long as they are prepared to 'think Canadian' when they arrive.

Jeremy

Re: OUT OF JURISDICTION(Andrew Miller)
 

Good day Jeremy,

If you don't mind can I have your email for future question I might have.

Thanks

neo