This thread has taken a turn for the worse. This is my humble effort to bring it back on topic (cost me 375CAD).
After waiting for over 21 months for my PR (Pure FSW Outland) and not much progress on my file since April 2021, I had the consultation with a law firm on
'Writ of Mandamus'. Reporting here on the advice that I received.
Disclaimer: This is not meant to be legal advice for anyone else apart from me. This is the legal advice that I received for my specific case and this is not meant for anyone else.
Here's the gist of what I gathered/understood:
- It can be filed if the processing time is beyond reasonable standards. There is no set time period to wait for. But in my case, it applies. I'm waiting for over 21 months with eligibility, criminality passed way back in Aug 2020 and security not started yet. The lawyer also checked with the me if there is anything concerning with my background or any of my close family members which could explain the delay - the answer is no.
- The law firm also mentioned that having a good paper trail of the applicant frequently following up with the IRCC for updates or requests for expediting processing would be good for the case. I have 6 such communications with the IRCC over the last 18 months (got generic replies). They also checked with me the timeline of updates on my GCMS notes - the last meaningful update was in April 2021 when my medicals got extended.
- For the actual 'Writ of Mandamus' process, there would be three stages:
- First stage is filing a specific performance request to finalize processing within 45 days to IRCC. About 40-50% of cases get resolved here within 45 days - either naturally or due to the impact of filing this. Was quoted 3500CAD for this step.
- Second stage is filing in the federal court. About 90% of cases get resolved at this stage. There is no determinate time period for this since courts are involved and could be anywhere from a few days to a few months(was mentioned 3 days to 6 months). Was quoted 5500CAD for this step (on top of the 3500CAD for the previous step).
- Third stage is actual court hearings which could take an indeterminate amount of time depending on how long the hearings stretch out. Wasn't quoted anything for this. Very few cases reach this step.
- Overall advice given to me: Based on my timeline and communications with IRCC, I do meet the criteria for going down this route and the law firm would go through with it if I wanted to go ahead. But they also mentioned that backlogs are getting cleared and I might get it within a month or two naturally. The options presented to me are : a) get started with this process now (if I do this within a week, the 375CAD consultation fee would be deducted from the filing fee) or b) wait out a month and proceed(or not) based on progress.
I haven't made a decision yet on which path to take. I'll make a decision on how my PR application as well as my work permit application (company sponsored) progress.