Still waiting to hear back on your Canadian immigration application? Here’s what you can do

• Recent judgments by the Canadian federal courts have shed light on the issue of processing delays in immigration and study permit applications.

• In two separate cases, applicants sought intervention from the courts through a writ of mandamus, compelling Immigration, Refugees and Citizenship Canada (IRCC) to expedite their pending applications.

• A writ of mandamus serves as a legal remedy that urges administrative entities like IRCC to render decisions within stipulated timeframes.

• The important conclusion drawn from these cases is that a writ of mandamus is an extraordinary measure, requiring the satisfaction of several conditions before it can be granted.

• A writ of mandamus could be a solution in case of serious delays in your application, but it is usually a last resort. Here are other steps you should consider before filing for a mandamus.

What are your options?

• IRCC has service standards defining the usual processing time for applications, but these standards can be delayed, resulting in slower processing times.

• To prevent delays, you should first make sure that all relevant paperwork and applications are current. The IRCC website provides a processing tool that is intended to correctly display the anticipated wait periods, and you may use it to check the progress of your application there as well.

• A webform inquiry or a telephone call to the IRCC customer center can also be used to inquire about your application and obtain a substantive response. You may also be able to ask a local MP to file a status update request if your inquiries to IRCC don’t go unanswered or are unsatisfactory.

• Furthermore, an option available is to submit an ATIP, which stands for Access to Information and Privacy Application. An ATIP involves a formal solicitation for an applicant’s Global Case Management System (GCMS) records. Alongside the GCMS records, one can also seek Computer Assisted Immigration Processing System (CAIPS) records or notes from their Field Operations Support System (FOSS).

• The notes will have information about the IRCC officer’s concerns or doubts about your application and will give you an idea if there is an issue with your application. It also allows you to submit additional documentation or evidence to address any issues or concerns.

• Lastly, you might consider enlisting the services of an attorney to dispatch a formal request letter through the IRCC website. This letter will encompass the effects of the processing delays on you, along with detailing your prior efforts to get in touch with IRCC.

Processing Times

• IRCC’s processing times are historical measurements, indicating how long it took to process 80% of applications in the past. Commencing from the day of receiving a complete application, processing times conclude upon decision-making.

• While IRCC provides estimated processing times based on application type, predicting exact processing durations is challenging due to the uniqueness of each application. For instance, Express Entry provincial nominees might anticipate nine months of processing, while study permit applications from abroad generally take around seven weeks.