My application for permanent residency is taking very long time and CIC will not tell me the reason for the delay. What Can I do?

There may be various reasons for the delay. Often times your application is placed in a long queue in the CIC backlog, and your file might be stuck at the criminal/security or medical check stage. When CIC processes immigration applications, they are responsible only for assessing whether the applicants qualify for a specific immigration class or category. If the applicant is qualified, the CIC will refer the file to the Medical Office, RCMP (Royal Canadian Mounted Police) and CSIS (Canadian Security Intelligence Service) to have a medical, criminal and security screen before the permanent resident visa can be issued. Since these checks are done by third parties, the CIC has virtually no control over the process.

As an immigration lawyer and your representative, we may make an inquiry on your behalf about the reason behind the delay. While CSIS and RCMP may contribute to the delay, oftentimes the real issue is with the CIC or CBSA. Your file may be, for example, misplaced and lost in the backlog of files. On the other hand, if CSIS does cause the unreasonably long delay, an inquiry may be made to CSIS on your behalf. Usually a prompt communication with the responsible government agency will be able to get your file back on track.

If necessary, a complaint may be lodged to the responsible government agency through established procedure. If the CIC is responsible for the delay and all correspondence and requests are ignored, the last resort will be an application to the Federal Court of Canada for a writ of mandamus, compelling the CIC to make a decision on the application without unjustified delay.

 

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