Dealing with Delays in Your Canadian Immigration Application: Steps to Take

When applying to work, study, or immigrate to Canada, it’s essential to submit your application to Immigration, Refugees and Citizenship Canada (IRCC). However, delays in processing times can occur, causing frustration and uncertainty for applicants. In this blog post, we will explore the steps you can take if you’re facing delays in your Canadian immigration application.

Understanding the Backlog Issue:

Canada’s immigration system has been facing a backlog problem, which has been exacerbated by factors such as the COVID-19 pandemic, staffing shortages, high demand, and outdated technology. These challenges have resulted in longer processing times for applications. Delays can also be caused by missing documentation or additional requirements like background checks that take extra time.

What are your options?

1. Check Your Application Status:

The first step is to check the status of your application online through IRCC’s website. They provide a processing times tool that can give you an idea of the expected wait times. It’s crucial to ensure that all your documentation is complete and up to date to avoid any unnecessary delays.

2. Contact IRCC:

If you’re experiencing delays and need more information about the status of your application, you can file a web form inquiry or call the IRCC customer center. They may be able to provide you with a substantive response regarding the reasons for the delay. If your inquiries to IRCC go unanswered or are unsatisfactory, you can reach out to a local member of Parliament and ask them to file a status update request on your behalf.

3. Request GCMS, CAIPS, or FOSS Notes:

For applications submitted after 2010, you have the option to file an Access to Information and Privacy (ATIP) application. This request allows you to obtain your Global Case Management System (GCMS) notes, along with Computer Assisted Immigration Processing System (CAIPS) notes or Field Operations Support System (FOSS) notes. These notes can provide insights into any concerns or doubts raised by the IRCC officer and give you an opportunity to address them with additional evidence.

4. Seek Legal Assistance:

If necessary, you can consider hiring an immigration lawyer to help you navigate the process. They can assist you in submitting a formal request letter through the IRCC webform, emphasizing the extended processing time, your efforts to follow up with IRCC, and the negative impact of the delay on your situation.

5. Applying for an Order of Mandamus:

If all other efforts have been unsuccessful and the average processing time has passed, you may choose to apply for an Order of Mandamus. This involves seeking relief from the Federal Court, which puts pressure on IRCC to make a decision on your application. It’s highly recommended to work with a lawyer experienced in immigration law to assist you through this process, as the threshold for obtaining an Order of Mandamus is high.

6. Conditions for an Order of Mandamus:

To warrant an Order of Mandamus, several conditions must be satisfied:

• There must be a public legal duty to process the application.
• The duty must be owed to the applicant.
• The applicant has satisfied all conditions that give rise to the duty, and there has been an unreasonable delay.
• No other adequate remedy is available to the applicant.
• The order sought will have practical value or effect.
• The Court finds no equitable bar to the relief sought.
• On a balance of convenience, an order of mandamus should be issued.

Waiting for the outcome of your Canadian immigration application can be a stressful and time-consuming process. However, by staying informed about your application status, proactively updating your file, and taking the necessary steps outlined in this blog post, you can navigate the challenges of delays. Remember to be patient and seek legal assistance when needed.

Get help with your immigration today!