In order to work, study, or come to Canada, foreign nationals must submit applications to Immigration, IRCC. According to IRCC service standards, applications are typically processed within a specified period of time. IRCC’s service standard might not be met if delays with these criteria lead to significantly longer application processing times. Follow these steps to overcome immigration application delays.
The Canadian immigration system has a backlog. Due to the COVID-19 pandemic, the lack of qualified workers, and outdated technology, there has been a backlog of work. Applicants can experience delays when they lack supporting evidence or are required to undergo laborious background checks.
Available options to overcome immigration application delays
Several options are available if your application takes longer than expected.
If an applicant wants to verify the status of their application, they should start by visiting the IRCC website. Process times are displayed in an accurate way with the help of a tool for displaying expected wait times. Keeping all documentation current and accurate will prevent any unwarranted delays.
Once you have completed this step, you can submit a web form inquiry or contact the IRCC customer center to find out why your application has been delayed. It is possible to contact a local member of parliament if the IRCC does not respond to your questions.
For applications submitted after 2010, you can also submit an ATIP application or Access to Information and Privacy Application. An ATIP is used to request notes from a candidate’s GCMS – (Global Case Management System). GCMS notes might be requested along with notes from FOSS – (Field Operations Support System) or CAIPS – (Computer Assisted Immigration Processing System).
Your application notes will help you determine whether there are any errors or concerns on the part of the IRCC officer. As well as rebutting those doubts, it gives you a chance to present additional evidence.
You can also hire an attorney to prepare the formal request letter through the IRCC web form. As a result of the delay, the letter will emphasize the efforts you have made to follow up with IRCC as well as the fact that the processing time has exceeded the typical processing time for the type of application you are seeking.
Obtaining a Mandamus Order
Whenever all other options have failed and the typical processing time has passed, an Order of Mandamus may be filed. It is the Federal Court that makes decisions about these orders, so IRCC is under pressure to make a decision.
If you need assistance with this process, you should consult with an attorney. Mandamus membership has high standards. It is possible to grant an order if an applicant has been delayed unjustifiably and has exceeded the usual processing time.
In order to warrant an Order, the following conditions must be met:
- Taking action (processing the application) must be a legal duty of the public.
- Applicant must be obligated to perform the duty.
- It is clear that the applicant has a right to perform that duty, in particular, that all the conditions arising from that duty have been met and unreasonable delay has occurred.
- It is not possible for the applicant to obtain an adequate remedy through any other means.
- A practical benefit will be gained from the order sought.
- As far as the Court is concerned, the relief requested is not barred by equity.
- A mandamus order would be appropriate on a balance of convenience.
Health cards and driver’s licenses must be renewed with a current work permit or study permit as an example of a convenient balance favoring the applicant.
Waiting to find out your application’s results can be costly and time-consuming. Keeping an eye on the progress of your application, updating it proactively, fixing any issues, and being patient is crucial.
