Delayed Canadian Visa or PR Application? Possible Solutions When Your Application Goes MIA

Delayed Canadian Visa or PR Application? Possible Solutions When Your Application Goes MIA

Introduction

Facing delays in the processing of your immigration or visa application can be a significant hindrance to your plans of traveling to or settling in Canada. Such delays are not just inconvenient; they can have serious repercussions for those who need to urgently relocate for work, family, or education purposes, as well as for individuals who have invested years into their dream of immigrating to Canada. The anticipation and uncertainty can be distressing, affecting not only your plans but also your emotional well-being.

In today’s blog post, we will discuss the solutions available to applicants wishing to resolve this frustrating issue and expedite the processing of their duly submitted applications. From leveraging IRCC’s case-specific inquiry mechanism to the legal action of mandamus, several solutions are available depending on your specific situation. 

Checking your file’s processing status

Ensuring timely updates on the progress of your Canadian visa or PR application is crucial. It is important to regularly monitor your application's processing status through your IRCC application portal or the online application status tracker. This proactive approach helps identify if additional documents or information are requested by IRCC, thus preventing potential delays. Failure to respond to such requests can extend the processing time or, in worse cases, result in a refusal letter.

Additionally, keeping an eye on your application allows you to gauge its progression relative to IRCC’s average visa or PR processing times. Staying informed about where your application stands in the processing queue not only helps manage expectations but also provides valuable insight into any actions you might need to take to expedite the process.

IRCC’s average processing times

Furthermore, a valuable tool for applicants concerned about the processing of their visa or PR application is IRCC’s average processing times, tailored for each program and applicant’s country of origin, available online. Your processing time starts the day IRCC receives your complete application and ends when a visa officer makes a decision. 

Being well-informed about where your application stands in comparison to the average processing times empowers you to make informed decisions, especially when your timeline seemingly exceeds the expected average processing times.

Possible solutions to address delays in processing

If your application’s processing timeline has clearly exceeded the expected processing times set out by IRCC without any clear reason, it may be time to act. You can opt for a case-specific inquiry or, in more severe cases, pursue a legal action known as mandamus.

IRCC case-specific enquiries 

As a first step, visa and PR applicants experiencing unexplained processing delays are encouraged to reach out to IRCC. Indeed, through its Webform, IRCC invites applicants whose applications exceeded normal processing times to use the form and enquire about their file’s processing. This can often provide clarity for confused applicants, and potentially expedite the processing.

The legal avenue: mandamus

Applicants whose applications severely exceed normal processing times and whose inquiries with IRCC remain unfruitful may consider legal action as a next step. 

Mandamus is a specific form of judicial review in Canadian law in which the Federal Court of Canada, for immigration matters, reviews IRCC’s performance in the processing of your applications. If your application’s processing is found to be unjustifiably long, the Federal Court may compel IRCC to render a decision regarding your file within a specified time period, of 30 to 90 days. 

While a mandamus order can definitely speed up the processing of your file, it does guarantee a positive outcome. After rendering a decision, it is possible for IRCC to refuse your file after all. In the event of a refusal, we have detailed potential next steps and options in our  previous blog post, guiding you through what to do after an application refusal.

Conclusion: What is the best option for me?

In the realm of immigration, finding the right approach depends heavily on individual circumstances. Once you've monitored your application's progress and compared it with IRCC's published average processing times, initiating a case-specific inquiry with IRCC could be your next best step. Should your efforts to gain clarity through IRCC inquiries go unanswered, and the reasons behind your application's prolonged processing remain obscure, considering legal recourse through mandamus might be necessary.

If you are still feeling uncertain about your application’s processing status and the best course of action, professional advice is advisable. Schedule a consultation with Canadian Future, where our team of lawyers and experts possess the knowledge and experience in resolving lengthy processing delays. At Canadian Future, we're committed to helping you navigate the intricacies of immigration procedures and work towards resolving any delays, ensuring you regain control over your application process.

Legal Information Disclaimer

The information provided here is for general informational purposes only and should not be considered legal advice. The content on this site is not intended to create, nor does it constitute a lawyer-client relationship. It's important to consult with a qualified attorney for advice on your specific legal issues.

No responsibility is assumed for any reliance on the information contained herein, and Canadian Future disclaims all liability in respect to such information. This site may not reflect the most current legal developments; therefore, information here should not be used as a substitute for legal advice from a licensed professional attorney in your jurisdiction.