Overseas nationals seeking to immigrate, study, or work in Canada have to file an application with Immigration, Refugees, and Citizenship Canada. Those who apply for the Permanent Resident Visa have to fulfill the Canada PR Visa eligibility. There are standards of service set by IRCC that define the normal processing times for applications.
Nevertheless, delays can be witnessed in these processing standards resulting in extending the processing time of the applications beyond the service standards of IRCC.
Backlogs are being experienced by the immigration system of Canada due to various factors. These include the pandemic, high demand, shortage of staff, and outdated technology. Individual factors for applications can include missing documents or procedures such as background verification that need additional time.
Options in case of delays
You have certain options if you are facing delays in your application.
Firstly, you can verify the status of your application online on the IRCC website. It offers a tool for processing time that precisely displays the likely wait time. You have to ensure that all documents are updated and complete for avoiding any redundant delays.
Later, you can submit a Web-form inquiry or make a call to IRCC Customer Care for exploring if you can get substantial grounds for delays in your application. If the inquiries are unsatisfactory or unanswered, you can try to ask the local Member of Parliament to submit a request for a status update.
The notes will let you know if something is wrong with your application or if doubts or concerns have been noted by the IRCC officer regarding your application. This also offers a chance to file extra proof for addressing these suspicions.
If necessary, you can also avail services of an Immigration Attorney to file a formal Letter of Request through the Web-form of IRCC. The letter will stress that the processing time has surpassed the standard processing times for the category of the application that you have applied for. Also, the follow-up efforts with IRCC will be highlighted, as well as the negative impact of the delay on you.
Order of Mandamus Application
The application for an Order of Mandamus is the last option if the average processing time has elapsed and the options discussed here are unfruitful. The requests for these orders are heard by the Federal Court which pressurizes IRCC to decide the application.
Preferably, you must hire an Immigration Attorney to assist with this. The Order of Mandamus has a high threshold. The success will be decided by the factor of whether the average processing timelines have been exceeded for the application and are subjected to unfair delays.
For warranting an order, the 8 conditions that have to be satisfied are:
- There has to be a public lawful duty to take action for processing the application
- The applicant must be entitled to the duty
- There exists an evident right for performing that duty, particularly that the applicant has fulfilled all the conditions resulting in the duty and presence of unfair delays
- Nil other satisfactory solution is accessible to the applicant
- The sought order will have some effect or value practically
- The Court identifies nil hindrance for the sought relief
- The Mandamus Order has to be offered on the balance of convenience
An instance of the balance of convenience favoring the applicant is when the applicant is not able to renew their Health Card or Driver’s License until they have an authentic Study Permit or Work Permit.
Waiting for the progress of your application can be demanding requiring money and time. It is crucial to remain informed regarding your application, be proactive in updating your profile and correct any mistakes and be tolerant.
13 Nationalities can travel to Canada without Visa
Passport holders of 13 Nations can now arrive by flight to Canada without the TRV - Temporary Residence Visa. It is applicable to travelers from the following nations who had a Canada Visa in the past ten years or have a lawful US Non-immigrant Visa:
- Thailand
- Seychelles
- Uruguay
- Costa Rica
- Argentina
- Trinidad and Tobago
- St Vincent and Grenadines
- St Lucia
- St Kitts and Nevis
- Antigua and Barbuda
- Panama
- Morocco
- Philippines
