Immigration to Canada involves multiple stages, and while the process aims to be efficient, delays are common. These delays may occur for various reasons, including the large volume of applications, incomplete documentation, and thorough security checks conducted by multiple agencies such as the Canadian Security Intelligence Service (CSIS). As a result, applicants may feel stuck, unable to move forward with their plans, whether related to work, study, or family reunification.
At MBLAW, we specialize in helping clients navigate these challenges. Our legal expertise can make a crucial difference in ensuring that applications are complete, accurate, and submitted with the best chance of success. By providing practical advice and exploring legal recourse, we aim to help you manage delays effectively and protect your immigration goals. Whether you are waiting for permanent residency or temporary status, we are here to guide you every step of the way.
Understanding the Causes of Immigration Delays
Understanding why delays happen is the first step to managing them effectively.
High Application Volumes
One of the most significant contributors to delays is the sheer volume of applications that Immigration, Refugees, and Citizenship Canada (IRCC) processes annually. Canada is a popular destination for immigrants due to its quality of life, job opportunities, and welcoming immigration policies. Popular programs, such as Express Entry, Family Sponsorship, and Provincial Nominee Programs, receive thousands of applications. When demand is high, processing times naturally increase.
For example, the COVID-19 pandemic created a substantial backlog of immigration applications, and while IRCC has worked to address this issue, high volumes continue to impact processing times for many immigration categories. While processing tools have been updated to provide more accurate time estimates, many applicants still face delays that are longer than anticipated.
Incomplete or Incorrect Documentation
Another major cause of delays is the submission of incomplete or incorrect documentation. Immigration applications often require various supporting documents, such as identification, proof of language proficiency, police certificates, and financial records. If any document is missing, incomplete, or does not meet IRCC’s specifications, the application will be delayed until the issue is resolved.
For example, IRCC requires documents in either English or French, and any documents in another language must be accompanied by a certified translation. Failure to provide the correct translations can result in processing delays. Additionally, applicants must ensure that all forms are filled out completely and accurately, including signatures and dates. Even small errors, such as incorrect dates on forms, can lead to delays.
Security and Background Checks
Security and background checks are a critical part of the Canadian immigration process, designed to ensure that applicants do not pose any security risks to Canada. These checks are conducted by various agencies, including the Canadian Security Intelligence Service (CSIS), and their complexity can vary greatly depending on several factors, including the applicant’s nationality, background, and travel history. Individuals from certain countries or with certain backgrounds may be subject to more rigorous screening processes, which can delay the overall processing of their immigration application.
Certain groups of applicants are more likely to face thorough security reviews due to specific security concerns:
- Applicants from Countries with Heightened Security Concerns
Individuals from countries that are considered high-risk due to political instability, terrorism, or criminal activities are often subject to more detailed background checks. For example, applicants from war-torn regions or countries with active terrorist organizations may face delays due to the need for extra scrutiny by security agencies. - Individuals with Complex Travel Histories
Applicants who have traveled extensively, particularly to countries with known security risks, may undergo more in-depth security checks. Their travel history may prompt additional inquiries to verify whether their activities or associations during their travels raise any red flags for Canadian security agencies. - Those with Family Connections to High-Risk Groups
Applicants who have family members associated with groups under international security watchlists, such as terrorist organizations, may face longer processing times. For instance, individuals with family connections to groups like the Muslim Brotherhood or other extremist organizations may be flagged for more detailed security reviews by CSIS and other international agencies. - Applicants with Criminal or Military Backgrounds
Individuals with prior criminal convictions, even for minor offenses, or those with military experience from certain countries, may be subject to heightened scrutiny. In particular, any record of involvement in military activities in regions with histories of human rights violations or organized crime can trigger an extended review process. - Refugee and Asylum Applicants
Refugees and asylum seekers often undergo detailed background and security checks due to the nature of their claims. These applicants may come from regions in conflict, and additional time is required to verify their stories, background, and potential security risks to Canada.
These additional security reviews are essential to maintaining Canada’s safety and security but can cause extended waiting periods for applicants. If an applicant’s case involves international organizations or requires verification from foreign agencies, the timeline may be further delayed. This is especially true for applicants who have lived or worked in multiple countries, as security agencies must verify records from each jurisdiction.
Medical Exam Delays
Medical exams are required for many immigration applications, especially for those seeking permanent residency. The purpose of the medical exam is to ensure that applicants do not have any medical conditions that could pose a risk to public health or place an excessive demand on Canada’s health and social services. However, scheduling and completing the medical exam can sometimes lead to delays.
Delays can occur if the panel physician’s office is busy or if additional tests are required after the initial exam. Moreover, the results of the medical exam are submitted directly to IRCC by the panel physician, and any errors or delays in transmitting these results can further slow down the process.
Program-Specific Delays
Different immigration programs have unique requirements and timelines. For example, Express Entry applicants may face delays due to additional document requests or verification procedures. Family sponsorship applications often take longer because they require more detailed background checks for both the sponsor and the sponsored family member. Refugee and humanitarian cases can also experience significant delays due to the complex nature of these applications and the time needed for thorough review.
What You Can Do to Minimize Delays
Though delays in immigration processing are sometimes unavoidable, there are several proactive steps you can take to minimize the chances of your application being delayed.
Submit a Complete and Accurate Application
One of the most effective ways to minimize delays is to ensure that your application is complete and accurate. This means providing all the required documents and information as outlined in the application guide for your specific immigration category. Each immigration stream has its own requirements, so it is crucial to carefully follow the instructions provided by Immigration, Refugees, and Citizenship Canada (IRCC).
Before submitting your application, double-check that all forms are filled out correctly, that no sections are left blank, and that the documents you are providing meet the specific requirements (e.g., translations, certified copies). Even small errors, such as missing signatures or incorrect dates, can result in significant delays as IRCC may return your application for correction.
Provide Biometrics and Other Requested Information Promptly
Certain applications require you to provide biometrics (fingerprints and photographs) as part of the security screening process. If your immigration category requires biometrics, it is essential to submit them within the 30-day window provided by IRCС. Failure to do so can result in delays or even refusal of your application.
In addition to biometrics, IRCC may request further documentation or information to complete your application. This could include additional proof of funds, updated medical exams, or clarifications regarding your background. The faster you respond to these requests, the less likely your application will be delayed. Make sure to regularly check your email or IRCC online account for any correspondence from the immigration authorities.
Track Your Application Status Online
IRCC provides tools that allow applicants to check the status of their applications online. By using the “Check your application status” feature, you can monitor the progress of your case and ensure that no requests for additional information or actions have been missed. Staying informed about your application status can help you catch any potential issues early and address them promptly.
Legal Recourse if Your Application is Delayed
At MBLAW, we understand that long waits can cause stress and uncertainty for applicants, particularly when there seems to be no clear explanation for the delay. Fortunately, there are legal options available to help expedite the process when IRCC does not provide timely decisions. Here are some of the steps you can take if your application faces an undue delay.
Submitting a Webform Inquiry
The first step when experiencing delays is to submit a case-specific inquiry through IRCC’s Webform. This is a straightforward and informal process that allows you to ask for an update on the status of your application. In your inquiry, it is important to clearly explain that the processing time has exceeded the average timeframe and ask for reasons behind the delay.
Webform inquiries are especially useful if IRCC has requested additional documents or information, and you have not received a response after submitting them. Though this step will not compel IRCC to speed up the process, it can clarify whether there is an issue with your application that is causing the delay.
Requesting a Case-Specific Enquiry Through Your MP
If submitting a Webform inquiry does not yield results, another option is to contact your Member of Parliament (MP). MPs can make inquiries on behalf of their constituents to IRCC regarding delayed immigration applications. Though this is also an informal step, having your MP involved may increase the likelihood of receiving a timely response from IRCC.
While MPs cannot directly influence IRCC’s decision-making, their involvement can bring attention to your case and potentially lead to faster processing.
Filing a Mandamus Application
If informal inquiries have not resolved the delay, you may consider filing a legal action called a mandamus application. A mandamus application is a formal legal request that asks the Federal Court to order IRCC to make a decision on your case within a specified timeframe. This option is appropriate if the delay is unreasonable and IRCC has not provided sufficient justification for the extended processing time.
To be successful, a mandamus application must meet several criteria:
- The delay must be unreasonable. This involves comparing your processing time to the standard for your immigration stream and determining if the delay significantly exceeds the average.
- You must have already requested updates. You should demonstrate that you have made efforts, such as submitting Webform inquiries or contacting your MP, to resolve the delay without resorting to legal action.
- There must be no valid reason for the delay. If IRCC can provide a justifiable reason for the delay, such as ongoing security or background checks, the court is less likely to grant the mandamus order.
Judicial Review as a Last Resort
In rare cases, if a mandamus application does not resolve the delay or if IRCC rejects your application after an extended wait, you may seek a judicial review. A judicial review is a process where the Federal Court evaluates whether IRCC’s decision or delay was reasonable and fair. This type of legal recourse involves more extensive legal proceedings and is typically used when applicants believe that IRCC has acted improperly or unlawfully in their case.
While judicial reviews are less common for delays (as they are more often used to challenge final decisions), they remain a legal option for applicants facing significant procedural delays that cannot be justified.
How MBLAW Can Help
At MBLAW, we are committed to providing tailored, effective support throughout the Canadian immigration process, especially when delays become a concern. Our team of experienced immigration lawyers works closely with clients to ensure that their applications are completed accurately, helping to minimize the chances of delays from the outset. We take a proactive approach by guiding clients through the required documentation, helping them avoid common mistakes that could slow down processing.
In cases where delays have already occurred, we assist clients in taking the necessary steps to address them. Whether it involves submitting inquiries through the IRCC Webform, seeking assistance from a Member of Parliament, or pursuing legal actions such as mandamus applications.
Reach out to MBLAW for a consultation today and take the first step toward resolving your immigration delay concerns.
