Waiting PR Application officer DM10032
- Thread starter kn604
- Start date
Can we do this?
What can be done if it is taking too long to clear security screening?
If the application has crossed 2-3 months post Review of Eligibility, then the likelihood of it being in security screening is very high. Most security checks are done within 1 month though it can take longer, up to 1 to 2 years, if its in enhanced screening. If it has been more than 2 months since Eligibility Review was “Passed” and security has not yet concluded, then the application may be in enhanced screening.
One can request records from CBSA and CSIS relating to security screening. However, the only way to know for sure if an application is under security screening is through the CBSA notes, as most CBSA notes do not redact security related activities. The CBSA notes will show the status on page# 2 just like the GCMS notes. Additionally, it will also show notes as to when security screening started and if screening has concluded it will also show the date when it was completed.
In cases where the applicant has been waiting for over a year and application seems stuck in security screening you can consider filing a writ of mandamus. A writ of mandamus is a legal remedy in which a federal court forces a subordinate agency (such as IRCC) to act when the processing delay has been “unreasonable.” To be regarded as unreasonable, a delay must meet the following conditions: the delay in question was longer than the nature of the process required, the applicant and his or her legal counsel were not responsible for the delay and the authority responsible for the delay did not provide satisfactory justification.
When contemplating whether to commence a mandamus application, reference should be made to the processing times listed on the IRCC website. Unreasonable delay can only be determined in comparison to average processing times. In submissions, focus should be on normal processing times and how much the processing time in question has exceeded the average, what the applicant has done to ensure that his/her application is complete and well documented, and reasons why the applicant feels that the officer’s explanation for the delay is unsatisfactory.
In this respect, the Courts in most cases have refused to accept departmental backlogs, or staff shortages as reasonable explanations, nor do they tend to look to the system as a whole. Rather, each case is assessed on its own facts. The question often arises as to whether a background or security check constitutes a justifiable explanation for the delay. The Canadian Bar Association (CBA) explains this in further detail here. Also see a related federal court case here.
What can be done if it is taking too long to clear security screening?
If the application has crossed 2-3 months post Review of Eligibility, then the likelihood of it being in security screening is very high. Most security checks are done within 1 month though it can take longer, up to 1 to 2 years, if its in enhanced screening. If it has been more than 2 months since Eligibility Review was “Passed” and security has not yet concluded, then the application may be in enhanced screening.
One can request records from CBSA and CSIS relating to security screening. However, the only way to know for sure if an application is under security screening is through the CBSA notes, as most CBSA notes do not redact security related activities. The CBSA notes will show the status on page# 2 just like the GCMS notes. Additionally, it will also show notes as to when security screening started and if screening has concluded it will also show the date when it was completed.
In cases where the applicant has been waiting for over a year and application seems stuck in security screening you can consider filing a writ of mandamus. A writ of mandamus is a legal remedy in which a federal court forces a subordinate agency (such as IRCC) to act when the processing delay has been “unreasonable.” To be regarded as unreasonable, a delay must meet the following conditions: the delay in question was longer than the nature of the process required, the applicant and his or her legal counsel were not responsible for the delay and the authority responsible for the delay did not provide satisfactory justification.
When contemplating whether to commence a mandamus application, reference should be made to the processing times listed on the IRCC website. Unreasonable delay can only be determined in comparison to average processing times. In submissions, focus should be on normal processing times and how much the processing time in question has exceeded the average, what the applicant has done to ensure that his/her application is complete and well documented, and reasons why the applicant feels that the officer’s explanation for the delay is unsatisfactory.
In this respect, the Courts in most cases have refused to accept departmental backlogs, or staff shortages as reasonable explanations, nor do they tend to look to the system as a whole. Rather, each case is assessed on its own facts. The question often arises as to whether a background or security check constitutes a justifiable explanation for the delay. The Canadian Bar Association (CBA) explains this in further detail here. Also see a related federal court case here.
There’s a recent post by the LegalFalcon explaining this in details. I would say it’s case by case basis. Hard to say.
https://www.canadavisa.com/canada-immigration-discussion-board/threads/thank-you-legalfalcon.408185/post-9287323
Just Called IRCC, nothing changed since Oct 21st 2020
AOR May 26 CEC Inland
Medical Passed July 16
Eligibility Passed
Bio-Exempt
Security= Not Started
Criminality = In Progress
Officer didn't even touch file for 6 months
AOR May 26 CEC Inland
Medical Passed July 16
Eligibility Passed
Bio-Exempt
Security= Not Started
Criminality = In Progress
Officer didn't even touch file for 6 months
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I’m pretty sure that there’s nothing pending in your file and it’s just a matter of officer picking up the file. It’s just he/she is taking forever causing us all this unnecessary stress. Recently, this officer has approved some files that had all stages passed back in Jan of this year. From the looks of it, he/she didn’t even started working on May ones YET.
So sad to hear that.. But from what I have understood reading around, the security and criminality don't depend by the officer, because they are processed from a third part. Of course they have to do some work on it, but it's mostly done from someone else. I was stuck to criminality because my country was not providing them the info..
But once all the stages are passed, it depends by the officer...
That's it is what i have understood
I understand for Criminality but how about Security? He hasn't initiated security yet
Maybe the same?.. Not sure. I understand your frustration, we are all anxious to know what will happen to us..
I am not happy too for the long waiting.
If he/she is not able to work on the files he should ask for a file relocation or some help
I'm also stuck in security.. not started.. At least it should be started.. so weird.
I don't understand why they didn't touch my security even they passed Criminality on February, because some people have done their security within 10 days after their criminality has been passed. It's so frustrating having such this officer..
I just saw in a different thread that a guy with the same officer got approval today. He's working this days on the files... Hoping the best for all of us!
I have compared both CBSA and IRCC GCMS notes in my case. Under criminality I see activities like RCMP, biometrics and then the section of info sharing - all received, complete and no reportable trace. Under notes section my home country’s police clearance has been accepted and NRT - no issues. So what I have seen that the officer has received all the information from third parties like RCMP, Home country PCC and with a clear past 10 year personal history - it shouldn’t take him 6+ months just to pass criminality which is based on above things. And for most inland Security goes from Not Started to Passed as inland applicants are mostly subject to a record check that merely takes any time. What I have understood about the laws and regulations of IRCC and the IRPA act, looks like we are just stuck in the backlog.
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Hey guys, just wanna let you guys know. My AOR is 29th April with same officer, I just checked my CIC account, it showed approved! He is working, dont lose hope!