Refugee application for PR MANDAMUS

[Canucksfan123]

Hello everyone,
Me and my family have been waiting for PR since Feb 2022, currently everything but the background check has been passed and background check has been going on since April 2024. I am 17 years old going to university soon and I've been in Canada since I was 9 or 10 years old. I need PR to not pay crazy fees for university and I can't go back to my home country since I am a refugee and can't even speak the language. My father is technically inadmissible due to his military service in Iran, but immigration lawyers have said since his service was mandatory it might not guarantee rejection. The PR application is under my mother's name and I have a 14 year old sister aswell. It is really beating us up, do you think this is normal wait times for background check? My parents are considering mandamus but are scared of rejection due to my father's mandatory service. Since there is no expected wait times for background check should they go forward with the mandamus? We cannot buy a house in BC due to the foreign peoples tax, I cannot go to university, and travelling is much harder. Would these be good reasons for mandamus, or are we just guaranteed to be rejected?

Thanks!

 

[canuck78]

Hello everyone,
Me and my family have been waiting for PR since Feb 2022, currently everything but the background check has been passed and background check has been going on since April 2024. I am 17 years old going to university soon and I've been in Canada since I was 9 or 10 years old. I need PR to not pay crazy fees for university and I can't go back to my home country since I am a refugee and can't even speak the language. My father is technically inadmissible due to his military service in Iran, but immigration lawyers have said since his service was mandatory it might not guarantee rejection. The PR application is under my mother's name and I have a 14 year old sister aswell. It is really beating us up, do you think this is normal wait times for background check? My parents are considering mandamus but are scared of rejection due to my father's mandatory service. Since there is no expected wait times for background check should they go forward with the mandamus? We cannot buy a house in BC due to the foreign peoples tax, I cannot go to university, and travelling is much harder. Would these be good reasons for mandamus, or are we just guaranteed to be rejected?

Thanks!

Your processing time is in line with others still. Mandamus typically only possible if the delay is years not months. You also are aware that your father’s military service will likely lead to much longer background check. Have you ordered GCMS notes? What does it say about security screening?

 

[Canucksfan123]

Your processing time is in line with others still. Mandamus typically only possible if the delay is years not months. You also are aware that your father’s military service will likely lead to much longer background check. Have you ordered GCMS notes? What does it say about security screening?

Thank you for the response, background check has been going on for 15 months. we have not ordered GCMS notes as it pauses application until it is received.

 

[scylla]

Hello everyone,
Me and my family have been waiting for PR since Feb 2022, currently everything but the background check has been passed and background check has been going on since April 2024. I am 17 years old going to university soon and I've been in Canada since I was 9 or 10 years old. I need PR to not pay crazy fees for university and I can't go back to my home country since I am a refugee and can't even speak the language. My father is technically inadmissible due to his military service in Iran, but immigration lawyers have said since his service was mandatory it might not guarantee rejection. The PR application is under my mother's name and I have a 14 year old sister aswell. It is really beating us up, do you think this is normal wait times for background check? My parents are considering mandamus but are scared of rejection due to my father's mandatory service. Since there is no expected wait times for background check should they go forward with the mandamus? We cannot buy a house in BC due to the foreign peoples tax, I cannot go to university, and travelling is much harder. Would these be good reasons for mandamus, or are we just guaranteed to be rejected?

Thanks!

Please get a consult with a good lawyer. Your father's inadmissibility is certain what is holding things up. And yes, it is quite normal to wait a long time when there is military / army service involved and/or possible inadmissibility. This situation is too complex for this forum. You need professional advice.

 

[scylla]

Thank you for the response, background check has been going on for 15 months. we have not ordered GCMS notes as it pauses application until it is received.

Ordering GCMS notes does not pause the application.

 

[zak86]

Hello everyone,
Me and my family have been waiting for PR since Feb 2022, currently everything but the background check has been passed and background check has been going on since April 2024. I am 17 years old going to university soon and I've been in Canada since I was 9 or 10 years old. I need PR to not pay crazy fees for university and I can't go back to my home country since I am a refugee and can't even speak the language. My father is technically inadmissible due to his military service in Iran, but immigration lawyers have said since his service was mandatory it might not guarantee rejection. The PR application is under my mother's name and I have a 14 year old sister aswell. It is really beating us up, do you think this is normal wait times for background check? My parents are considering mandamus but are scared of rejection due to my father's mandatory service. Since there is no expected wait times for background check should they go forward with the mandamus? We cannot buy a house in BC due to the foreign peoples tax, I cannot go to university, and travelling is much harder. Would these be good reasons for mandamus, or are we just guaranteed to be rejected?

Thanks!

If you're a protected person, you don't need to pay international student fees, and you can buy a house as well. Who is stopping you? And background check with critical stuff can take longer than normal.

 

[canuck78]

If you're a protected person, you don't need to pay international student fees, and you can buy a house as well. Who is stopping you? And background check with critical stuff can take longer than normal.

It actually depends on the school/province so they should doublecheck with the school. As a non-PR you are considered a foreign buyer in some regions so you face same limitations as foreign buyers.

 

[ohaurela]

If you're a protected person, you don't need to pay international student fees, and you can buy a house as well. Who is stopping you? And background check with critical stuff can take longer than normal.

This^

I pay domestic tuition as a protected person.

 

[theclaimer]

1. You'll be considered a domestic student as a protected person. Please go through the univ/college websites.

2. Please contact a lawyer in BC who deals with property matters.

I went to a law firm, and they have confirmed me:
In Ontario, you would be able to purchase a residential property. You would not be subject to the Non-Resident Speculation Tax, but you would have to pay full land transfer taxes.

** Non-Resident Speculation Tax – Ontario à Will you be subject to the 25% Non-Resident Speculation Tax? No. **

** Land Transfer Tax – First Time Home Buyer Refund à Are you eligible to receive the refund at closing? No, unless you become a PR by the closing date.
One more thing to keep in mind here is the first-time home buyer refund for land transfer taxes. You can find more information about it here. I understand that you have not owned property at any point in your life, anywhere in the world. However, to qualify for the immediate refund (for non-Toronto properties, it is a maximum of $4,000), you need to be a Canadian citizen or PR as of the time of closing. If you would otherwise be eligible for a refund (and it’s just that you’re not a PR at the time of closing), you would have 18 months following registration to become eligible and apply for the refund.

** As a non PR person, you are not allowed to buy investment property. But you are eligible to buy residential properties. BC might have different rules. Please check with the province's website.