When applying for work, study, or immigration, individuals must submit their applications to IRCC. IRCC has service standards that offer the usual processing time for applications. However, there can be a delay in immigration application processing due to a delay in service standards.
It is vital to note that Canada’s immigration system is experiencing a backlog. These backlogs result from the pandemic, staff shortages, high demand, & aging technology. A delay in immigration application can be primarily due to missing documentation/ requirements, like background checks, which take longer time than usual.
Delay In Immigration Application – What Are The Options?
There are some options if you are experiencing a delay in your immigration application.
The first & most vital thing to do is to check your application status on the IRCC website. It offers a processing time tool that shows the accurate expected wait times. However, ensuring that all documentation is complete & updated is significant to avoid unnecessary delays.
Once this is done, you can then file a web form enquiry or contact the IRCC consumer center to see if they can solve this delay. Finally, you can contact a local parliament member to request a status update if your queries go unanswered.
The applicants whose applications are submitted after 2010 can also file an ATIP. An ATIP is a request for the applicant’s Global Case Management System notes. Along with these notes, they can request their CAPIS, i.e., Computer Assisted Immigration Processing System notes, or FOSS, i.e., Field Operation Support System notes.
These notes will show you what is wrong with your application or if the IRCC officer is doubtful regarding your application. This will result in helping you to submit extra documents to address your doubts.
If needed, you can also hire a lawyer to submit a formal request via the IRCC web form. This letter will emphasize that the processing time has exceeded the average processing time, along with your efforts to follow up with IRCC and how the delay has negatively impacted you.
Applying For Mandamus Order
If there’s a delay in the immigration application and the processing time has passed, the last resort is to apply for a mandamus order. The federal court will hear the request for these orders, thus pressuring IRCC to decide on the application.
However, it is suggested that you hire a lawyer to help you through the process. It is vital to note that this order’s threshold is high. Thus, obtaining the Order of Mandamus will hinge on whether the candidate has exceeded the average processing time & is subject to unreasonable delays.
Moreover, specific conditions must be satisfied to obtain this order. Here they are:
- A public legal duty to act.
- This duty should be owed to the candidate.
- No other adequate solution is available to the applicant.
- The order sought will be a sort of practical value/ effect.
- The court finds no equitable bar to relief sought.
- On a convenience balance, the order must be issued.
An instance of the balance of convenience is that the candidate is unable to renew their driver’s license or health card unless they have a study permit/ work permit.
Well, waiting to hear about your application can be a bit stressful as it takes time & money. However, staying informed about your application status is crucial, along with being proactive in updating your file, fixing errors, and being patient.