LEGAL OPTIONS AVAILABLE

[Rahi]

I had a question for all respected members. If a citizenship application is not processed within standard time, currently 12 months, what legal options are available. Can we approach any court and seek justifications for extraordinary delay.

 

[Redfield]

The 12 months period is just a guideline, IRCC agents should process files within that period but sometimes they don’t. In which case you can only call them or call your MP, it does not constitute ground for sueing them I think. There is also a legal process called mandamus if the delays far from normal without valid reason where a judge can force IRCC to give a response within a specific timeframe

 

[SpiceIsland]

I had a question for all respected members. If a citizenship application is not processed within standard time, currently 12 months, what legal options are available. Can we approach any court and seek justifications for extraordinary delay.

We are lucky to get our process done by 12 months it’s used to be years.

 

[scylla]

Mandamus is a legal path - but it's not realistically an option until your processing time is at the 3-4 year mark.

 

[meyakanor]

You can order GCMS notes to have a better understanding of what's going on with your file. You may also contact your MP to inquire for you . Aside from the above, I'm not really sure what else you can do to find out what's holding up the processing of your case.

Keep in mind that, unfortunately, you cannot argue H&C consideration since you are a permanent resident of Canada (presumably) living in Canada, with all similar rights as citizens when it comes to sponsoring family members and most employment, so it's not like you would encounter significant hardship if they don't expediently grant you citizenship.

 

[thecoolguysam]

If the application is routine and no further checks are done or any further documentation is requested then 12 months time comes into picture. However, if there are additional documents request or RQ etc, then the application becomes non-routine and then 12 months timeline goes out of picture and application will take it's time may be days, months or more.