June 12th, 2023 at 08:27 am
Big Relief! Steps to Speed Up Canada Immigration Application | IRCC Updates
Foreign citizens must present their application to Immigration, Refugees and Citizenship Canada (IRCC) to work, study, or immigrate to Canada. Service guidelines established by IRCC outline the typical processing periods for applications. The processing period for the application may, however, take significantly longer than the IRCC’s service standard due to delays in these processing standards.
The difficulty with Canada’s immigration system is the backlog. The COVID-19 pandemic, manpower shortages, excessive demand, and aged equipment have all contributed to backlogs. Delays in personal applications may be caused by requirements like criminal records checks that take a bit longer or by missing documents.
What are your Options?
If your application is taking longer than expected, you have a few options.
Check Application Status Online
An applicant should start by using the IRCC website to verify the status of their application. It offers a processing time calculator that is designed to indicate wait times precisely.
Ensure all documentation is complete
To prevent any unwarranted delays, it is crucial to make sure that all documentation is accurate and current. After completing this, you can submit a web form inquiry or contact the IRCC customer center to see whether they can offer you a detailed explanation for the delay in your application.
If the IRCC’s responses to your questions are inadequate or nonexistent, you can request a status update from a local member of parliament.
Submit an ATIP
You can also submit an ATIP or an Access to Information and Privacy Application for applications submitted after 2010. The notes from a candidate’s Global Case Management System (GCMS) are requested via an ATIP. They might ask for notes from the Field Operations Support System (FOSS) or the Computer Assisted Immigration Processing System (CAIPS) in addition to the GCMS notes.
These notes will help you determine whether there is anything incorrect with your application or whether the IRCC officer has any worries or qualms. It also gives you the chance to present more proof that refutes those doubts.
If required, you can also use the IRCC webform to send a formal request letter by hiring an attorney. This letter will underline the efforts you have taken to follow up with IRCC, the fact that the processing time has beyond the typical processing period for the type of application you are seeking, and how the delay was detrimental to you.
Applying for an Order of Mandamus
The last recourse is to file for an Order of Mandamus when the typical processing time has passed and all other attempts and choices have failed. The federal court requests these orders, which forces the IRCC to decide on the application.
You can retain legal counsel to assist you in this process. The bar is high to join the Order of Mandamus. If the applicant has experienced unjustified delays and has gone beyond the typical processing time, an Order may be granted. 8 requirements must be met for an order to be valid:
- First, 8 requirements must be met for an order to be justified. Next, there must be a legal obligation on the part of the government to act (process the application). The applicant must be owed the duty.
- Also, the applicant has met all requirements that led to the duty, and there was an unreasonable delay, thus there is a clear right to the performance of that duty.
- Additionally, the applicant has no other adequate options.
- Likewise, the order desired will have some application or practical benefit.
- In addition, the court finds no equitable impediment to the requested relief.
- Moreover, a mandamus order ought for issuance based on convenience. The inability of an applicant to renew their health card or driver’s license without a current work permit or study permit is one convenience that works to their advantage.
It can be difficult and expensive to wait to hear about your application. It’s crucial to monitor the progress of your application, be proactive about updating it and fixing any mistakes, and have patience.
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