Immigration and Refugee Protection Regulations

150 (1) An application for a permanent resident visa submitted by a foreign national under this Division must be made at the immigration office outside Canada that serves the applicant's place of residence and must be accompanied by either an undertaking or

• (a) a referral from a referral organization;

• (b) a referral resulting from an arrangement between the Minister and a government of a foreign state or any institution of such a government relating to resettlement; or

• (c) a referal resulting from an agreement relating to resettlement entered into by the Government of Canada and an international organization or a government of a foreign state.

Marginal note:Exception — requirement for referral or undertaking

(2) A foreign national may submit a permanent resident visa application without a referral or an undertaking if the foreign national resides in a geographic area that the Minister has determined under subsection (3) to be a geographic area in which circumstances justify the submission of permanent resident visa applications not accompanied by a referral or an undertaking.

Marginal note:Minister's determination

(3) The Minister may determine on the basis of the following factors that a geographic area is an area in which circumstances justify the submission of permanent resident visa applications not accompanied by a referral or an undertaking:

• (a) advice from referral organizations with which the Minister has entered into a memorandum of understanding under section 143 that they are unable to make the number of referrals specified in their memorandum of understanding for the area;

• (b) the inability of referral organizations to refer persons in the area;

• (c) the resettlement needs in the area, after consultation with referral organizations that have substantial knowledge of the area; and

• (d) the relative importance of resettlement needs in the area, within the context of resettlement needs globally.