Accept an allegation of residence in an agreement country if a person has established
a home in that country and has assumed certain economic or social burdens such as
purchasing a dwelling, maintaining a home or an apartment, establishing a business,
enrolling children in a school, etc.
1. When to develop residence
Develop evidence of residence in an agreement country when:
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residence in the country will be used to establish exemption from the alien nonpayment
provisions, and
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the allegation of residence in the country is not reasonable based on the information
in file, or
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the applicant will be absent from the agreement country for more than six months.
2. How to develop residence
Obtain a statement from the applicant covering the following factors when developing
residence. Make a determination of residence based on the applicant’s statement and
the evidence provided. The factors are as follows:
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Date of arrival in that country with the intention of establishing a home.
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Type of visa used to enter the country and whether it contains any limitations on
length of stay or employment.
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Type of living facilities maintained, such as a purchased home, rented house or apartment,
quarters furnished by employer, etc.
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Whether the person maintains living quarters in any other country and, if yes, whether
the quarters are owned or rented and whether the person is related to any other occupants.
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Whether the person’s personal belongings (e.g., furniture, automobile, clothing) are
located in the country of claimed residence.
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Whether the person’s family members reside in the country of claimed residence and,
if not, where they reside and for what purpose.
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If the person has been physically present in other countries, where, for what periods
and for what purpose; what type of visa was used to enter the other countries) and
whether the person obtained a reentry permit from the country of alleged residence.
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If the person is employed, where does the person perform the services, the expected
length of employment and any contractual terms relating to the length and place of
employment.
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The country to which the person has paid taxes during the period of claimed residency.
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Any social, cultural or other community activities in which the person has engaged
since the alleged residence began (e.g., membership in local organizations, involvement
in community affairs, voting in elections).