Many times, the processing times for immigration applications can be quite long and confusing, especially when they change on the official Immigration, Refugees and Citizenship Canada (IRCC) website. For example, if at the time you submitted your application the page indicated 24 months and now shows 48 months, a common question arises: what is the time that really applies to your case?
The answer, supported by Canadian jurisprudence, is clear: the processing time that applies to your application is the one shown on the IRCC website at the exact time your application was submitted. In other words, if it then said 24 months, that is the reference period for your case, not the time updated to 48 months.
To expand on this information, I invite you to read this blog to the end so you can have control of your case, as well as learn about the legal recourse that exists in Canada and that can help you get an answer on your application in a timely manner. Let's get started!
In these cases, if you have exceeded 24, 28 or even 30 months and still have not received a response from Canada without clear justification, and your rights as an applicant are violated, there is a legal remedy in Canada to which you can turn.
This remedy is known as Mandamus (or Judicial Review in some contexts) and allows you to demand that the Immigration Ministry make a decision (accept or reject) on your application within a reasonable time. It is, in essence, a lawsuit before the Federal Court in which you are asked to intervene because your file is not moving forward and your rights are being affected.
At Immiland Law, we understand these situations and are fully prepared to advise and assist you with this service. If your application is stalled beyond the stipulated time and you need a solution, contact us and we can help you demand a response. In this link, you can describe your situation: https://www.immilandcanada.com/law/contacto
A mandamus (from the Latin mandamus, "we order") is a court order that is issued to compel a government official or entity to comply with a specific legal duty. It is an extraordinary remedy, meaning that it is only used in exceptional circumstances when no other remedies are available.
This powerful remedy is brought before the Federal Court of Canada when a public authority (in this case, IRCC) has failed in its statutory duty to make a decision within a reasonable time, and the applicant's application is stuck in a state of unreasonable delay.
To force an authority to comply with its duty to act and make a decision on an application (work permit, visa, etc.) to accept or reject it when the time limits have been exceeded without justification. In reality, mandamus does not seek to change the decision, but to force one to be made.
If the published processing time has passed and there is no decision, and the application is in prolonged processing limbo, the first indicator is already evident. If the processing time that IRCC posted on its website for your application type and processing office at the time of submission has been significantly exceeded, it is a signal to consider a mandamus.
Many feel frustration within days or weeks of exceeding the published time; however, not just any delay justifies a mandamus, and here is the most complex part of the case, because the law does not establish an exact number of days for a delay to be "unreasonable". Canadian courts consider several factors:
Is it a simple or complex application? Does it require additional verifications or is it from a high-risk country?
Are there known delays for that type of application at that time?
Has IRCC justified the delay with a valid reason (e.g. lack of documents, extended security checks)?
Is the delay causing significant harm (e.g., loss of employment, family separation, expiration of status)?
Generally, it is recommended to wait at least 50% longer than the published time to consider the delay unreasonable. For example, if the published time was 12 months, wait up to 18 months or more without a clear reason. Some even suggest 100% (double the published time) before considering this route, especially for complex cases.
You can fill out our Mandamus form form to find out if you are a potential candidate for the service or require another solution.
In the absence of a response to status inquiries, it is valid to attempt to obtain information from IRCC through regular channels. It is expected that before resorting to mandamus, the affected applicant will have used the official online status verification tool by doing the following:
If a satisfactory explanation is not forthcoming or the file remains inactive, despite these efforts, then the justification for a mandamus is strengthened.
At Immiland Law, we receive questions on a daily basis regarding immigration processing times and delays, and we fully understand the frustration and uncertainty you are dealing with.
For these individuals, we have a team of experienced federal litigation professionals prepared to evaluate your situation in detail and determine whether a mandamus is the appropriate remedy to move your case forward.
If you believe your application is unreasonably delayed and you need a solution, then it is time to act. For more information contact us at.
Use our free free evaluation via e-mail to help you start your process. At Immiland Law, we help you review your immigration delay case.
I hope this topic will clarify your doubts about the processing times of your application and learn about viable resources to expedite a decision on your status.
Thanks so much for reading us! Stay tuned for our next blog for immigrants in Canada!
With love,
Immiland Law Professional Corporation
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