***>>> March 2020 AOR <<<***

[bgpatel]

Hi all,
First, I am grateful for this forum. Thank you all! It is the one thing that has been helpful during this trying time of endless wait without any reasonable justification from IRCC.

I am CEC (inland) AOR Mar 4 2020. Like some of the others on this forum, my application is stuck and the Webform responses are generic messages. I called IRCC few times and the agents told me that my application is "waiting to be finalized". When I asked agents say that it means it is waiting for a visa officer to finalize the application (whatever that means). The application has been "waiting to be finalized" for at least six months when I first called IRCC.

My life situation is difficult as it is and this indefinite wait is making it much worse.

I have reached out to my MP, they said they'll reach out to IRCC to get an update but I am not sure if IRCC will give them a generic reply too. I also reached out to the minister of immigration but got a vague automated message, not even sure if they'll look at my request.

I have ordered GCMS notes, about 30 days ago, still waiting to receive them.

I have also submitted a compliant against IRCC under "Services > Processing Procedures" that they need to at-least provide a meaningful updates to Webform requests and when applications will be finalized.

Seeing recent updates from IRCC that they are processing May applications making me lose all hope.

At this point, I have decided to file a writ of Mandamus. My questions are:

1. Is 1 year delay without any meaningful updates from IRCC sufficient to justify a Mandamus? My application is not complex per IRCC definition. It was complete, including biometrics and medicals on time (before pandemic). I got no requests for additional docs or anything from IRCC.
2. How long does a typical Mandamus take to finish?
3. Has anyone in this forum successful gone through the process (or know someone who has) and willing to share their experience? Does anyone have recommendations for a good lawyer in GTA (Toronto area)?

Perhaps some of the senior folks like @legalfalcon @caipsnotes who may have experience with Mandamus can shed some light.

Thank you all.

I'm in the same boat. CEC inland March 2020 aor and it's same status as yours currently. I'm getting tensed everyday eagerly waiting for some movement

 

[malang2021]

Hi all,
First, I am grateful for this forum. Thank you all! It is the one thing that has been helpful during this trying time of endless wait without any reasonable justification from IRCC.

I am CEC (inland) AOR Mar 4 2020. Like some of the others on this forum, my application is stuck and the Webform responses are generic messages. I called IRCC few times and the agents told me that my application is "waiting to be finalized". When I asked agents say that it means it is waiting for a visa officer to finalize the application (whatever that means). The application has been "waiting to be finalized" for at least six months when I first called IRCC.

My life situation is difficult as it is and this indefinite wait is making it much worse.

I have reached out to my MP, they said they'll reach out to IRCC to get an update but I am not sure if IRCC will give them a generic reply too. I also reached out to the minister of immigration but got a vague automated message, not even sure if they'll look at my request.

I have ordered GCMS notes, about 30 days ago, still waiting to receive them.

I have also submitted a compliant against IRCC under "Services > Processing Procedures" that they need to at-least provide a meaningful updates to Webform requests and when applications will be finalized.

Seeing recent updates from IRCC that they are processing May applications making me lose all hope.

At this point, I have decided to file a writ of Mandamus. My questions are:

1. Is 1 year delay without any meaningful updates from IRCC sufficient to justify a Mandamus? My application is not complex per IRCC definition. It was complete, including biometrics and medicals on time (before pandemic). I got no requests for additional docs or anything from IRCC.
2. How long does a typical Mandamus take to finish?
3. Has anyone in this forum successful gone through the process (or know someone who has) and willing to share their experience? Does anyone have recommendations for a good lawyer in GTA (Toronto area)?

Perhaps some of the senior folks like @legalfalcon @caipsnotes who may have experience with Mandamus can shed some light.

Thank you all.

AOR Mar 03, 2020. CEC Inland. Medical expired. No news yet. Me + spouse + 1 dependent.

I spoke to IRCC they said criminality is in progress and security has not started even after one year. Wrote to the MP and they got an update on file which is similar to what was provided by IRCC. MPs can't do more than getting an update on application .

Not sure, how long will it take.

@legalfalcon is there any other remedy? or we just wait? Please suggest

 

[caipsnotes]

AOR Mar 03, 2020. CEC Inland. Medical expired. No news yet. Me + spouse + 1 dependent.

I spoke to IRCC they said criminality is in progress and security has not started even after one year. Wrote to the MP and they got an update on file which is similar to what was provided by IRCC. MPs can't do more than getting an update on application .

Not sure, how long will it take.

@legalfalcon is there any other remedy? or we just wait? Please suggest

Hi, there is no way to expedite the process and one just has to wait. Best.

 

[caipsnotes]

Hi all,
First, I am grateful for this forum. Thank you all! It is the one thing that has been helpful during this trying time of endless wait without any reasonable justification from IRCC.

I am CEC (inland) AOR Mar 4 2020. Like some of the others on this forum, my application is stuck and the Webform responses are generic messages. I called IRCC few times and the agents told me that my application is "waiting to be finalized". When I asked agents say that it means it is waiting for a visa officer to finalize the application (whatever that means). The application has been "waiting to be finalized" for at least six months when I first called IRCC.

My life situation is difficult as it is and this indefinite wait is making it much worse.

I have reached out to my MP, they said they'll reach out to IRCC to get an update but I am not sure if IRCC will give them a generic reply too. I also reached out to the minister of immigration but got a vague automated message, not even sure if they'll look at my request.

I have ordered GCMS notes, about 30 days ago, still waiting to receive them.

I have also submitted a compliant against IRCC under "Services > Processing Procedures" that they need to at-least provide a meaningful updates to Webform requests and when applications will be finalized.

Seeing recent updates from IRCC that they are processing May applications making me lose all hope.

At this point, I have decided to file a writ of Mandamus. My questions are:

1. Is 1 year delay without any meaningful updates from IRCC sufficient to justify a Mandamus? My application is not complex per IRCC definition. It was complete, including biometrics and medicals on time (before pandemic). I got no requests for additional docs or anything from IRCC.
2. How long does a typical Mandamus take to finish?
3. Has anyone in this forum successful gone through the process (or know someone who has) and willing to share their experience? Does anyone have recommendations for a good lawyer in GTA (Toronto area)?

Perhaps some of the senior folks like @legalfalcon @caipsnotes who may have experience with Mandamus can shed some light.

Thank you all.

Hi. Here are some resources

At the Canadian Bar Association
https://www.cba.org/cba/cle/pdf/Bellissimo.pdf

This paper was written by a qualified and licenced attorney at the https://www.bellissimolawgroup.com/

You can also contact the folks who run this CanadaVisa.com forum

Note - Have no affiliation with any of the above and have no vested interest in making these references either.

 

[legalfalcon]

Hi all,
First, I am grateful for this forum. Thank you all! It is the one thing that has been helpful during this trying time of endless wait without any reasonable justification from IRCC.

I am CEC (inland) AOR Mar 4 2020. Like some of the others on this forum, my application is stuck and the Webform responses are generic messages. I called IRCC few times and the agents told me that my application is "waiting to be finalized". When I asked agents say that it means it is waiting for a visa officer to finalize the application (whatever that means). The application has been "waiting to be finalized" for at least six months when I first called IRCC.

My life situation is difficult as it is and this indefinite wait is making it much worse.

I have reached out to my MP, they said they'll reach out to IRCC to get an update but I am not sure if IRCC will give them a generic reply too. I also reached out to the minister of immigration but got a vague automated message, not even sure if they'll look at my request.

I have ordered GCMS notes, about 30 days ago, still waiting to receive them.

I have also submitted a compliant against IRCC under "Services > Processing Procedures" that they need to at-least provide a meaningful updates to Webform requests and when applications will be finalized.

Seeing recent updates from IRCC that they are processing May applications making me lose all hope.

At this point, I have decided to file a writ of Mandamus. My questions are:

1. Is 1 year delay without any meaningful updates from IRCC sufficient to justify a Mandamus? My application is not complex per IRCC definition. It was complete, including biometrics and medicals on time (before pandemic). I got no requests for additional docs or anything from IRCC.
2. How long does a typical Mandamus take to finish?
3. Has anyone in this forum successful gone through the process (or know someone who has) and willing to share their experience? Does anyone have recommendations for a good lawyer in GTA (Toronto area)?

Perhaps some of the senior folks like @legalfalcon who may have experience with Mandamus can shed some light.

Thank you all.

First of all you need to understand what Mandamus is and why it is filed. If there has been an inordinate delay only then a writ of mandamus can be filed before the Federal Court asking the court to compel the Minister of Immigration to make a decision on your file. However, each case is different and based on individual circumstances which would determine if the case would succeed or not.

The legal test to be applied when determining whether to grant an order for mandamus is set out in Kalachnikov v. Canada (Minister of Citizenship and Immigration), 2003 FCT 777, citing Apotex Inc. v Canada (Attorney General), 1993 CanLII 3004 (FCA), [1994] 1 FC 742 (CA), affirmed by the Supreme Court of Canada in [1994] 3 SCR 1110:

1. There is a public duty to the applicant to act;
2. The duty must be owed to the applicant;
3. There is a clear right to the performance of that duty, in particular:

(a) the applicant has satisfied all conditions precedent giving rise to the duty;​

(b) there was a prior demand for performance of the duty, a reasonable time to comply with the demand, and a subsequent refusal which can be either expressed or implied;​

4. There is no other adequate remedy. [See Note 5 below]
5. The “balance of convenience” favours the applicant (Apotex Inc. v. Canada (A.G.), 1993 CanLII 3004 (FCA), [1994] 1 F.C. 742 (C.A.), aff'd 1994 CanLII 47 (SCC), [1994] 3 S.C.R. 1100, Conille v. Canada (Minister of Citizenship and Immigration), [1992] 2 F.C. 33 (T.D.)).[/QUOTE]

In Conille, supra, 1998 CanLII 9097 (FC), [1999] 2 F.C. 33 (T.D.) , Tremblay-Lamer J. set out three requirements at paragraph 23, that must be met if a delay is to be considered unreasonable:

(1) The delay in question has been longer than the nature of the process required, prima facie;​

(2) The applicant and his counsel are not responsible for the delay; and​

(3) The authority responsible for the delay has not provided satisfactory justification.​

If you test your case against all of the above criteria, and given that your AoR is March 2020, you will not be able to meet the balance of convenience test since the average processing time for an application pre-COVID was 8-9 months. Also, the fact that you are CEC inland, you have the right to stay in Canada, apply for BOWP and any time you spend in Canada will be later counted towards your citizenship (50%). Also, factors such as staffing issues with IRCC, and COVID will play a big role and courts will be reluctant to interfere.

To answer your questions:

1. As per the analysis above, Mandamus does not mandate a specific time frame, bit the test is subjective and will depend on a case by case basis.
2. The process will depend on whether you case goes to trial before judge, or is dealt with by your lawyer and IRCC's lawyer and settled. Most cases end up being settled, but at this juncture IRCC will not be inclined to settle, as if they do, it will open room for more similar cases. It can be anywhere from 3-8 months.
3. There are many applicants who have filed Mandamus and got positive results, but that was in the context of delay in their security screening.

You can read more on mandamus cases:

https://canlii.ca/t/j1vrp
https://canlii.ca/t/jbk59

Also, you can consult an immigration lawyer. Immigration Consultants cannot represent you before the federal court, only lawyers can.

Hope this helps!

 

[legalfalcon]

AOR Mar 03, 2020. CEC Inland. Medical expired. No news yet. Me + spouse + 1 dependent.

I spoke to IRCC they said criminality is in progress and security has not started even after one year. Wrote to the MP and they got an update on file which is similar to what was provided by IRCC. MPs can't do more than getting an update on application .

Not sure, how long will it take.

@legalfalcon is there any other remedy? or we just wait? Please suggest

There are many other applications that are in the same stage as yours, where eligibility is passed, and security has not been initiated. Security only starts after it is initiated by IRCC. A security screening request is a message transmitted to National Security Screening Division (NSSD) and screening partners.

If you are an inland applicant, then you may only be subject to a record check, which is a fairly quick process as compared to comprehensive screening, which takes longer. To read on how security screening is done, when it is initiated and record check via comprehensive screening, see https://bit.ly/3b4cTUr

 

[ForUs2020]

There are many other applications that are in the same stage as yours, where eligibility is passed, and security has not been initiated. Security only starts after it is initiated by IRCC. A security screening request is a message transmitted to National Security Screening Division (NSSD) and screening partners.

If you are an inland applicant, then you may only be subject to a record check, which is a fairly quick process as compared to comprehensive screening, which takes longer. To read on how security screening is done, when it is initiated and record check via comprehensive screening, see https://bit.ly/3b4cTUr

Hi @legalfalcon what is causing the delay in starting security exactly. IRCC officers say security has started even though GCMS notes say Not Started. The agents keep saying they’re waiting for 3rd party feedback to complete security even for inland applicants. In this case, is it true that it’s now enhanced security screening for these applicants or agents just say that to make us believe it’s not IRCC fault

 

[trangvu.cy]

Hi @legalfalcon
My fiance is currently waiting on FSW- Outland, AOR march 2020.
He is F1 visa in US and Im on H1B. What is the scenario if we get married now, get Canada student visa for me and he comes to Canada as dependent?
Im not loving my job and maintaining the status is the main reason why Im here working for them. It’s hard to find a new job right now. The wait is unknown so we want to move and at least try to settle. Thank you.

 

[cr3490]

Thank you @legalfalcon and @caipsnotes for your responses! Those are very helpful, I wish IRCC was half as helpful in providing meaningful insights into processing timelines.

 

[legalfalcon]

Hi @legalfalcon what is causing the delay in starting security exactly. IRCC officers say security has started even though GCMS notes say Not Started. The agents keep saying they’re waiting for 3rd party feedback to complete security even for inland applicants. In this case, is it true that it’s now enhanced security screening for these applicants or agents just say that to make us believe it’s not IRCC fault

What ever procedures are publicly available, have been shared in the link above. In some cases it does happen that the security may have been initiated, but not updated, the same is the case with medicals, biometrics etc.

Security is done by CBSA / CSIS and other partner agencies. IRCC has no role, except to make a decision based on the security screening report they receive.

 

[legalfalcon]

Hi @legalfalcon
My fiance is currently waiting on FSW- Outland, AOR march 2020.
He is F1 visa in US and Im on H1B. What is the scenario if we get married now, get Canada student visa for me and he comes to Canada as dependent?
Im not loving my job and maintaining the status is the main reason why Im here working for them. It’s hard to find a new job right now. The wait is unknown so we want to move and at least try to settle. Thank you.

You can file your your study visa and SOWP, they will be processed on its own merits. It will have no bearing on your PR application.

As per subsection 22(2) of the Immigration and Refugee Protection Act dual intent is allowed

Dual intent

(2) An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay.

See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/dual-intent-applicants.html

 

[jbpadilha]

Hello all,
My work permit is expiring in next month on 17th and i want to apply for bowp. I saw many people have applied for it and got bowp.

Can you please guide me that which documents will i need?
And usually how long does it take usually to fill the whole application with a form ?
Please guide @legalfalcon

Thanks in advance

you should apply for an OBWP asap. The only extra document you need is the letter of your employment if you have a spouse. Other than that is the IRRC Forms requested on the profile.

 

[dbhatia27]

Hi @legalfalcon what is causing the delay in starting security exactly. IRCC officers say security has started even though GCMS notes say Not Started. The agents keep saying they’re waiting for 3rd party feedback to complete security even for inland applicants. In this case, is it true that it’s now enhanced security screening for these applicants or agents just say that to make us believe it’s not IRCC fault

In same boat (with a hole now). FSW- Inland (if that matters outland or inland). Last update was on 15 Oct, when Biometrics were updated and criminality passed. Since then security has not started. It's 5 months from then. AOR 17 March.

Have given up any hope for any feedback. We are at IRCC mercy. Simple fact.

 

[ForUs2020]

In same boat (with a hole now). FSW- Inland (if that matters outland or inland). Last update was on 15 Oct, when Biometrics were updated and criminality passed. Since then security has not started. It's 5 months from then. AOR 17 March.

Have given up any hope for any feedback. We are at IRCC mercy. Simple fact.

Do you know the agent assigned to your file?

 

[EECandidate20]

Please fill in/update your timeline in this spreadsheet
https://docs.google.com/spreadsheets/d/1h8PSdGIrafQgl7HsKClCK-9uxKeXAkVR8_ZrD7wvmrg/edit?usp=sharing