FSW WORLDWIDE

[Deleted member 1050918]

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 there is 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 of appeals. 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.
  • 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.

Wow thanks for the info mate. File it, good luck.

 

[RSub]

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 there is 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 of appeals. 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.
  • 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.

Are you in a real desperate situation to move out of your country? Then, do it. Any other reason is an absolute waste of time and money.

 

[ImpatientAlligator]

Are you in a real desperate situation to move out of your country? Then, do it. Any other reason is an absolute waste of time and money.

Well, my i94 expires in June. And I'm not keen on shifting to India temporarily. So, most likely I'll wait out a month to see how my 2 applications are progressing. At that stage, if there is not much progress, it's desperation time.

 

[Hokage]

Though their fees may be high, I don't think most reputed law firms give advice based on self-serving monetary reasons. Immigration consultants on the other hand....

Kubeir sir...catch your sub above....I know you lurk on this forum.

 

[Hokage]

Passive-aggressive much, lol?
I've decided it's not worth discussing this war with family and friends back in SA .

Come see here lol

https://twitter.com/i/web/status/1499066051434323969

 

[Hokage]

Come see here lol

https://twitter.com/i/web/status/1499066051434323969

https://twitter.com/i/web/status/1499067263734976516

 

[GandiBaat]

https://www.cbc.ca/news/business/bank-of-canada-rate-decision-1.6369774
Bank of Canada hikes key interest rate to 0.5%

Hello Economists; Can anyone explain how does this affect new home buyer after 2 years

No economist... but... there is not going to be any immediate impact. Most of the hot markets have something called "stress-test" for those who take mortgage which checks if you can afford mortgage if the rates go up by couple of %s. So I doubt there is going to be an immediate run from the market for a measly 0.25%. That being said, this is not the only raise that is going to happen. There will be more of these (provided Putin does not start a world war 3, if he does, all bets are off... though it is hard to say if we are or if we are not in world war 3 already). So, if Canada exists after 2 years and Russia does not kill all of us, there is a fair chance of correction. How much? Devil only knows.

There are bigger issues... however. Most popular markets in ON and BC has a limited supply for houses. And no one is doing anything about it... Unless more supply hits, and regulation to stop that being snatched by investors and corporations... Things may not fall but may not grow fast... Which is what Canadians say "success"...

 

[nouvea]

No economist... but... there is not going to be any immediate impact. Most of the hot markets have something called "stress-test" for those who take mortgage which checks if you can afford mortgage if the rates go up by couple of %s. So I doubt there is going to be an immediate run from the market for a measly 0.25%. That being said, this is not the only raise that is going to happen. There will be more of these (provided Putin does not start a world war 3, if he does, all bets are off... though it is hard to say if we are or if we are not in world war 3 already). So, if Canada exists after 2 years and Russia does not kill all of us, there is a fair chance of correction. How much? Devil only knows.

There are bigger issues... however. Most popular markets in ON and BC has a limited supply for houses. And no one is doing anything about it... Unless more supply hits, and regulation to stop that being snatched by investors and corporations... Things may not fall but may not grow fast... Which is what Canadians say "success"...

You are looking to buy houses you were saying. In Ontario I heard prices are out of reach for middle income families. Can you shed some light on your search and the information you have gathered

 

[RSub]

You are looking to buy houses you were saying. In Ontario I heard prices are out of reach for middle income families. Can you shed some light on your search and the information you have gathered

Go back to previous pages. You will see his analysis.

 

[nouvea]

Go back to previous pages. You will see his analysis.

Quote the exact page number

 

[GandiBaat]

You are looking to buy houses you were saying. In Ontario I heard prices are out of reach for middle income families. Can you shed some light on your search and the information you have gathered

Okay... So my primary goal is to buy all cash. I hate debt and its not due to religion. I have seen what debt does so I want to avoid it. I live in Victoria BC and I can work remotely. I have aged parent/in-law who might live with me and a son who has medical needs... What I will do is to buy a porperty in View Royal or South/South central Saanich (again, you need to know the island to understand why I am doing what I am doing).. In a nutshell, it is balancing between distance from few clinics and hospital and decent school catchment which allow kids with special needs.

So I used to need about 5 to 700K for a halfway decent house back in 2019-20. Now it is more like 900K-1.2M. I can still do that but I will have to call the cavalry (ie my family) to foot the bill... So, I will wait for few months and keep an eye on court ordered sales... You can get decent deals that way. If nothing, I will try to find a duplex and settle for that OR may be a charecter home which can be converted to duplex and buy it with someone else and spend little to make it a duplex. That way I split the land cost.

Oh before I forget.. I talked about calgary with my wife.. She hated it and veto'd it... So there goes the saving.. boom!

 

[wonderbly]

Come see here lol

https://twitter.com/i/web/status/1499066051434323969

There are countries in the list that I didn't even know existed

http://imgur.com/rRC5cmt

 

[nouvea]

Okay... So my primary goal is to buy all cash. I hate debt and its not due to religion. I have seen what debt does so I want to avoid it. I live in Victoria BC and I can work remotely. I have aged parent/in-law who might live with me and a son who has medical needs... What I will do is to buy a porperty in View Royal or South/South central Saanich (again, you need to know the island to understand why I am doing what I am doing).. In a nutshell, it is balancing between distance from few clinics and hospital and decent school catchment which allow kids with special needs.

So I used to need about 5 to 700K for a halfway decent house back in 2019-20. Now it is more like 900K-1.2M. I can still do that but I will have to call the cavalry (ie my family) to foot the bill... So, I will wait for few months and keep an eye on court ordered sales... You can get decent deals that way. If nothing, I will try to find a duplex and settle for that OR may be a charecter home which can be converted to duplex and buy it with someone else and spend little to make it a duplex. That way I split the land cost.

Thank you for the detailed reply. Was not expecting one seeing how hostile people are being here. So you are in BC. The housing situation there is similar to Ontario or not I don't know. But your information will come in useful. Thanks again mate.

Your light hearted comments are in total opposition to the responsibilities you shoulder. Respect!

 

[dankgirl]

Are you from Finland? I am Persian who lived in Tampere for 6 years.

yes Im from Helsinki but I live in London now

 

[RSub]

Quote the exact page number

31