Application over 2 Years old. Do I go for a Writ of Mandamus?

[UKDreamer]

Hi folks,

I applied for citizenship back in October 2022, and apparently is in Security Clearance. Application requirements are all completed except for Background and Prohibitions. No more documentation is required, and whenever I ask IRCC about my file they say it is going through Security.

I have submitted my fingerprints twice already.

Tried everything, multiple web forms, multiple emails, MP contacted them multiple times and got the same response. Ordered AITP 3 or 4 times, all seems good but security is still ongoing.

I was thinking of doing a Writ of Mandamus? Do you recommend I go for this option at this stage? Has anyone been in the same boat? Will this delay my application further?

Any advice is highly appreciated.

 

[armoured]

I was thinking of doing a Writ of Mandamus? Do you recommend I go for this option at this stage? Has anyone been in the same boat? Will this delay my application further?

I do not have personal experience with which to recommend, but if you don't have any obvious security issues (which I should think unusual for a UK passport holder given info sharing between countries), I would definitely speak to a lawyer to see what options.

Usually 'the options' are to send a demand letter (from lawyer) to get things moving OR we will file for a writ of mandamus. The idea is that this gets IRCC's lawyers involved, who would prefer it just get processed instead of dealing with legal stuff. Or in blunt terms, if it really is just sitting on a desk for no good reason - move it along (the lawyers advise the other officers). If there really is a hold-up that is important, it may not help.

I bring this up because ideally you'd find a lawyer who knows the stages and IRCC and wlling to price this in stages. (Full mandamus application through courts is more expensive, of course). They would also likely know whether doing so at this stage is pointless or not.

No recommendation, but I listened to a podcast, Borderlines, on writs of mandamus. The lawyers on that sounded intelligent. I don't recall which episode, but I leave that to your internet search skills.

 

[scylla]

Hi folks,

I applied for citizenship back in October 2022, and apparently is in Security Clearance. Application requirements are all completed except for Background and Prohibitions. No more documentation is required, and whenever I ask IRCC about my file they say it is going through Security.

I have submitted my fingerprints twice already.

Tried everything, multiple web forms, multiple emails, MP contacted them multiple times and got the same response. Ordered AITP 3 or 4 times, all seems good but security is still ongoing.

I was thinking of doing a Writ of Mandamus? Do you recommend I go for this option at this stage? Has anyone been in the same boat? Will this delay my application further?

Any advice is highly appreciated.

A writ of mandamus doesn't always help in situations where the delay is due to security checks since IRCC must complete these to approve your application and if it's delayed, this generally means they are waiting on someone (someone, meaning another country to provide information). Have you worked in any other countries other than the UK? Any chance you have a military background or have worked for the government?

 

[armoured]

A writ of mandamus doesn't always help in situations where the delay is due to security checks

A note, I fully agree with this point. It may also be worthwhile to order ATIP on your file, although unfortunately it's rather unlikely it will clarify things. (But not impossible...)

 

[Seym]

A note, I fully agree with this point. It may be worthwhile to order ATIP on your file, although unfortunately it's rather unlikely it will clarify things. (But not impossible...)

The only information OP will get from an ATIP of the 3rd party agencies doing his background check, probably CSIS, is the status of the screening, whether it's in progress or completed, as everything else is redacted for security reasons (duh). It could be useful if completed but in progress at IRCC's level, in which case a webform "please act on this" would be more than enough, but that's probably the only useful case here. Still worth the 5mn spent making both ATIP requests if it means saving the lawyer money, but yeah, probably a very chance here.

 

[armoured]

Still worth the 5mn spent making both ATIP requests if it means saving the lawyer money

Agree on all your points here. I'd just add, many lawyers might want/ask for a recent ATIP (or decide it's needed and add that to the bill) - to clarify and rule out if there are any obvious issues.

So yeah, not likely going to resolve much, but worth the five minutes anyway.

 

[UKDreamer]

I do not have personal experience with which to recommend, but if you don't have any obvious security issues (which I should think unusual for a UK passport holder given info sharing between countries), I would definitely speak to a lawyer to see what options.

Usually 'the options' are to send a demand letter (from lawyer) to get things moving OR we will file for a writ of mandamus. The idea is that this gets IRCC's lawyers involved, who would prefer it just get processed instead of dealing with legal stuff. Or in blunt terms, if it really is just sitting on a desk for no good reason - move it along (the lawyers advise the other officers). If there really is a hold-up that is important, it may not help.

I bring this up because ideally you'd find a lawyer who knows the stages and IRCC and wlling to price this in stages. (Full mandamus application through courts is more expensive, of course). They would also likely know whether doing so at this stage is pointless or not.

No recommendation, but I listened to a podcast, Borderlines, on writs of mandamus. The lawyers on that sounded intelligent. I don't recall which episode, but I leave that to your internet search skills.

Thank you for your insights and advice, I will consider searching for that lawyer if I decide to move forward with this.

 

[UKDreamer]

A writ of mandamus doesn't always help in situations where the delay is due to security checks since IRCC must complete these to approve your application and if it's delayed, this generally means they are waiting on someone (someone, meaning another country to provide information). Have you worked in any other countries other than the UK? Any chance you have a military background or have worked for the government?

Thank you @scylla for your response. I have visited some countries, and worked in others, but no government jobs or military history. I provided all the Police Certs from places I lived, and as an Express Entry immigrant, they have ran this when I first immigrated, so I have the feeling that they are not pursuing my file in a serious manner.

From your experience, can you advice if I should hold on the Writ of Mandamus given this timeline:


Oct. 2022: IRCC Received my application
Nov. 2022: AOR
April 2023: Test Completed
March 2024: Second Fingerprints request received and criminality passed
July 2024: Language and Physical Presence Completed


Background, and Prohibitions are the only ones in progress. I have ordered AITP several times and all looks good, but the Security part is redacted.
From the notes and my account, i learned that they started processing my application almost end of February 2023. So it was setting there for almost 4 months after AOR before they touch it. Doesn't this show negligence?

Thanks

 

[UKDreamer]

The only information OP will get from an ATIP of the 3rd party agencies doing his background check, probably CSIS, is the status of the screening, whether it's in progress or completed, as everything else is redacted for security reasons (duh). It could be useful if completed but in progress at IRCC's level, in which case a webform "please act on this" would be more than enough, but that's probably the only useful case here. Still worth the 5mn spent making both ATIP requests if it means saving the lawyer money, but yeah, probably a very chance here.

I already did this, and AITP looks ok, but the security part is redacted. It is just a sad thing to throw my file into Security Check while the worst thing i have ever done was a traffic ticket that got dropped. I see many friends who have more complicated history, travel, military service in weird countries get their applications approved without going through security.

 

[scylla]

Thank you @scylla for your response. I have visited some countries, and worked in others, but no government jobs or military history. I provided all the Police Certs from places I lived, and as an Express Entry immigrant, they have ran this when I first immigrated, so I have the feeling that they are not pursuing my file in a serious manner.

From your experience, can you advice if I should hold on the Writ of Mandamus given this timeline:


Oct. 2022: IRCC Received my application
Nov. 2022: AOR
April 2023: Test Completed
March 2024: Second Fingerprints request received and criminality passed
July 2024: Language and Physical Presence Completed


Background, and Prohibitions are the only ones in progress. I have ordered AITP several times and all looks good, but the Security part is redacted.
From the notes and my account, i learned that they started processing my application almost end of February 2023. So it was setting there for almost 4 months after AOR before they touch it. Doesn't this show negligence?

Thanks

I can't answer this question without knowing exactly which counties you have lived / worked in. Completing background checks through some countries is very problematic and doesn't necessarily have anything to do with IRCC negligence / competence.