When applying for a visa has there ever been a case of embassy asking for proof of right to be in the present country?

Question

I believe I heard cases when a Chinese citizen living in the US attempted to renew their passport they were asked for proof on what grounds they were residing in the US as there was no US visa in their expiring Chinese passport (the person was a US dual citizen).

Now, has anything like this ever happened when a person applied for a visa to some other country and instead received a similar request to justify on what legal basis they are in the present country?

So, to give an example of what I mean, if a Chinese citizen living in the US sent their Chinese passport (without a US visa) applying for a tourist visa to, say, an Australian, Russian, Polish, etc embassy. Just an example, I'm trying to see if anything like this is possible/has happened in general.

Answer 1

Beyond those countries that don't permit it trying to catch dual citizens, a key part of applying for a visitor visa is demonstrating strong ties to your home and that you plan to return after your visit. If you're in a country on a long-term basis where you're not a citizen, the consulate wants to make sure that your situation there is lawful, stable, and that you'll be able to come back. If you're in country A without legal status, country B is unlikely to issue you a visa, as they'd be reasonably concerned that you're likely to end up in their country without legal status as well.

So one such example is the UK. In their Guide to supporting documents: visiting the UK , they list under "Other documents you may want to provide – all visitors":

confirmation of legal residence, if you are not a national of the country in which you are applying or your right to reside there is not included in your passport

Similarly, France tells those who need short-term visas who are applying from the US:

If you are not a US citizen, please provide proof of your legal status (green card, visa and I94 or endorsed I20 for F1 visa holders or endorsed DS2019 for J1 visa holders. The "travel endorsment" signature is valid for one year and must not expire before the date of return to the USA).

France is not there to enforce US immigration law, but they do want to ensure that visitors are likely to leave France at the end of their stay.

Answer 2

Some countries have restrictions on where you can apply based on where you reside (and not where you are), as in long term residence. Some do ask for justification of that.

For instance, the Japanese consulate in San Francisco writes:

I. Visa application are accepted only from residents in our jurisdiction.

Area of Jurisdiction

• Northern and Central California
• Nevada (All Areas)

Proof of residence such as your California/Nevada Driver’s license/ID card, utility bill, etc. is required.

II. Only those with long-term resident status in the U.S. can apply for a visa

Proof of residency includes the following:

(1) U.S. passport (U.S. citizen)

(2) Alien registration card (U.S. green card or permanent resident of U.S.)

(3) Valid long term visa (short term visa, like B1/B2 visa, is not acceptable)

So here, you must prove that you are not only legally in the US, but on a long term visa, AND that you reside in the specific area of jurisdiction of that consulate.