Non-Express Entry(PNP) Online Applications Gather here
- Thread starter Punjabi6513
- Start date
Without the eCoPR, your status remains TR. When you get a VO signed eCoPR, only then your status is changed from TR to PR. Couple of my co-workers didn't receive the eCoPR confirmation email that says its ready for download however at the portal, it was available for download given that your in-land address / mailing address declaration (within canada) is accepted by IRCC.
In the portal, do you see that mail address accepted? If yes, check if you see download tab for eCoPR below. If not, call IRCC and ask when can you expect eCoPR.. also submit a webform for the record - indicate that your have planned travel date later this month.
Also check if your COPR info is still reflects in AST (application status tracker) or not, there have been instances where if the medical expiry date is closer to portal/eCoPR, in such cases, they renew medical dates and then issue eCoPR which can cause some delay.
As for the travel of whether you can travel or not while waiting for the eCoPR, you can certainly travel but the PRTD can only applied when you're outside Canada and that your status is confirmed eCoPR. Say (hypothetically) if your eCOPR is not issued by the time you want to return (which is very unlikely but still), you can still return to Canada using your existing TRV. I heard many ppl say that TRV gets invalid when IRCC issues eCoPR (and for a fact, the IRCC agent on phone also confirmed the same and some say TRV is valid till eCoPR expiry which is date of MED expiry date) however there have been ppl who had their eCoPR but travelled anyways without the PR card and then returned back to Canada on their existing TRV by air (no PRTD). So there is no set pattern, it all depends what their system indicates against the TRV doc at the time of travel)
Another wild option is that if you have U.S. B1/B2 (visit or business) visa, you can fly to U.S. and then enter canada by land using eCoPR, this is for ppl who can't wait long enough for PRTD, coz PRTD processing timeline varies from country to country and sometimes can take long time than usual (as PRTD involves sending PP for stamping).
Anyhow, I think hopefully you will get eCoPR before your travel date and for now, it's best you call them to know whats the status on eCoPR.
I have seen many outland folks use app called 'Viber or Rakuten Viber' to connect IRCC call centre.
If you applied for GCMS, what does your latest GCMS notes indicate? Given that all other phases are completed, I imagine your file is probably waiting on security clearence (part of background check). IRCC relies on CSIS and CBSA. Once IRCC gets clearance from these two, your BGC gets cleared and file then progresses.
If you don't see your file move for next couple of month (say you hit 20+ months), you can consider writ of mandamus. its expensive process and suggest to get some experienced RCIC immigration lawyer to file one.
What is writ of mandamus?
A writ of mandamus is a judicial remedy to compel a public authority to perform its duty under the law. In immigration law, when you experience an unreasonable delay, a writ of mandamus is sought to force IRCC to process your immigration application and render a decision.
A writ of mandamus can be sought when there is an unreasonable delay in processing an immigration application, or when there is an implicit refusal to process an application. This can apply to various immigration programs, including study permits, work permits, visitor visas and permanent residence.
It is an exceptional remedy that is highly dependent on the facts of each case. The strength of your case will depend on your application, expected processing times, whether you are responsible for the delay and how long you have been waiting for a decision.
A properly prepared letter of demand and application will be important to present your strongest arguments. The immigration system faces an increasingly large immigration backlog. If your application has been delayed for a period of time, a writ of mandamus for your permanent residence application or temporary resident application can assist in the processing.
What is the legal test for a writ of mandamus?
The Federal Court has developed the legal test for a writ of mandamus in case law.
- There must be a public legal duty to act
- The duty must be owed to the applicant
- There is a clear right to the performance of that duty, in particular
- The applicant has satisfied all conditions precedent giving rise to the duty
- There was
- A prior demand for the performance of the duty
- A reasonable time to comply with the demand unless refused outright
- A subsequent refusal which can be either expressed or implied, such as an unreasonable delay
- Where the duty sought to be enforced is discretionary, consideration must be given to the nature and manner of exercise of that discretion
- No other adequate remedy is available to the applicant
- The order sought will be of some practical value or effect
- There is no equitable bar to the relief sought
- On a “balance of convenience,” an order of mandamus should be issued.
The writ of mandamus will most likely succeed or fail on two key factors: 1) whether it is an unreasonable delay and 2) whether, on a balance of convenience, an order of mandamus should be issued
Unreasonable delay: The length of the delay will be an important factor, especially when considering the expected processing time and the delay. The effect of the delay on the applicant and any resulting prejudice will be considered.
For example, if you are unable to work since IRCC has taken a considerable amount of time to process your work application and this is substantively beyond the expected processing times, this may be a factor that would deem the delay unreasonable.
While the processing times to process an application are not legally binding, they are providing an overview of expected and reasonable processing times.
Balance of convenience: The unreasonable delay will be weighed against all the circumstances in your application. Delays caused by COVID-19 have not been accepted by the Federal Court,[1] especially delays before and after the pandemic.
However, IRCC may be able to demonstrate that the delay is reasonable in your specific circumstances, such as a security check with another country.
So sorry to hear a long unreasonable delay. Have you ordered GCMS notes (by IRCC or CBSA)? What is the latest note? Do you get stuck in the security screening? This could help to know the exact step that you are in the stuck..
Last time I called in June, all cleared. It was at security screening
I am outland. How do I order GCMS notes?