DISCLAIMER:
This writing has been prepared by Colin R. Singer, Attorney-At-Law, for the intended reference by interested individuals and is not intended to create an attorney - client communication. This compilation may be reproduced for the personal non-commercial use of interested individuals on the express or implied condition that the contents herein are neither edited, modified nor altered in whole or in part, directly or indirectly without the express written consent of the author herein..

Applicants applying for Canadian permanent residence are requested when completing an application for landing, to indicate their destination in Canada. Although destination does not directly form a part of Schedule I of the Regulations (selection criteria), this element for the following reasons, can be an important factor in a positive or negative selection decision.

1. Pursuant to applicable legislation, the Province of Quebec has exclusive jurisdiction for the selection of foreign nationals destined to that Province. An intended destination to Quebec would entail at the paper screening stage, the rejection of a Federal application for permanent residence requesting consideration for selection under the Federal criteria.

2. Section 19 of the Immigration Act precludes the admission of persons who are unable or unwilling to support themselves and those persons who are dependent on them for care and support. Applicants who do not meet this requirement can be declared inadmissible.

In early 1994, the Department published a series of rules & guidelines aimed at providing visa officers with an indication of what sums of liquidated assets applicants are recommended to possess prior to visa issuance, in order to meet the settlement fund requirements. A table of "Funds Required By Independent Immigrants On Landing In Canada To Support Self And Dependents For A Period Of Six Months" was published, providing a direct linkage between required liquidated assets prior to visa issuance, the family size and the size of area of the intended destination.

Therefore applicants with large families and who anticipate difficulties in meeting these guidelines, would be advised to consider a destination which is compatible with the cost of living required to support the applicant and dependents during the initial period of six months following landing.

Failure to take this element into consideration can entail the refusal of the application. (Applicants may wish to refer to our publication "SETTLEMENT FUNDS" for additional considerations on this issue).

3. Under the Independent Category (Skilled Workers), certain applicants may intend to take up employment in occupations which are regulated by existing legislation providing for licensing and related requirements. As licensing is a provincial jurisdictional issue, the intended destination can greatly affect the assessment of an applicant within a particular occupation. (Additional information on this issue may be obtained from our CANADIAN CITIZENSHIP & IMMIGRATION FAQ) .

4. Certain applicants who may not receive sufficient point age to qualify for assessment, may be considered for the selection under the positive discretion provisions of the Regulations. Indeed, the intended destination would be important here as well, for similar reasons as noted above.

5. The intended destination can be an important issue for many visa officers who will allocate higher pointage for the Factor - Personal Suitability where an applicant is destined to an area in Canada which suggests that there are obvious reasons to believe that the chances for succeeding in Canada are enhanced.

This was precisely the case in one of our recent mandates involving an application processed by the visa office in Hong Kong and where the visa officer was sufficiently convinced that applicant would succeed in Canada, by the fact that the prospective applicant had satisfactorily demonstrated the likelihood of locating employment opportunities with the assistance of family in the area of intended destination.

6. Under the Business program, Entrepreneur applicants are required to demonstrate the intention and the ability to establish a commercial enterprise in Canada. Personal net worth directly relates to one's ability to successfully establish as an Entrepreneur. In this regard, persons destined to a large urban center would be expected to possess a higher personal net worth than persons destined to a small urban center in Canada.

7. In certain cases of a potential medical inadmissibility, the visa office will upon request, consult with the medical services personnel of the province of destination. A favorable recommendation in this regard can entail a positive outcome to the application.

Applicants can be assured however that notwithstanding the foregoing, the holder of a Canadian permanent resident visa and his/her accompanying dependents are permitted, pursuant to the provisions of Canada's constitutional laws, to permanently reside and earn a livelihood in any one of the ten provinces or two territories within Canada. Therefore once admitted, a permanent resident may elect to reside anywhere within Canada.