IRCC Processing Times vs Reality: When Can You Legally Take Action?
Many immigration applicants rely on IRCC’s published processing times to plan their futures. Whether applying for permanent residence, sponsoring a spouse, or renewing a work permit, these estimates are often the only reference point available. But what happens when your file takes far longer than expected—and you receive no updates or decisions for months or even years?
There is a legal framework for determining when a delay crosses the line into being “unreasonable,” and in certain cases, action can be taken to compel IRCC to move forward.
IRCC's Posted Processing Times Are Only Averages
IRCC’s published processing times are based on how long it took them to process 80% of applications in the past. These numbers can fluctuate weekly and don’t necessarily reflect the situation of new applications. Some applicants experience longer waits due to:
- Background checks or security screening
- Review by multiple officers
- Queue prioritization (e.g. Express Entry vs paper-based)
- Ongoing IRCC backlogs from earlier years
If your case has exceeded published timelines, that alone isn’t sufficient to claim a legal breach. However, it is the first sign that closer examination is needed.
What Is an "Unreasonable Delay" in Immigration Law?
Under Canadian administrative law, government bodies are required to act within a reasonable time. Courts reviewing immigration delays look at several factors, including:
- The length of the delay
- The complexity of the application
- Whether the applicant has contributed to the delay
- Whether the government has provided any valid explanation
- The impact on the applicant’s life (e.g., family separation, job loss, legal status)
If the delay is both lengthy and unexplained, and the applicant has complied fully with requirements, the court may consider it unreasonable.
When Can You File a Mandamus Application?
A mandamus application is a legal action filed in the Federal Court to compel a government department (such as IRCC) to perform its duty—in this case, to make a decision on your application. This remedy is not meant for those simply unhappy with the wait; it is reserved for applicants whose cases have been delayed so long that it amounts to inaction.
To succeed, you must usually show that:
- A legal duty to decide exists
- The duty is owed specifically to you
- You have met all eligibility and documentation requirements
- There has been unreasonable delay
- No other adequate remedy exists
Moving Forward with Confidence
At Elliott Immigration Corporation, we guide clients through delay-related challenges with a focus on clarity and legal accuracy. If your case has been pending far beyond expected timelines and you’ve exhausted regular channels, we can help assess whether legal action is the next appropriate step.
Elliott Immigration Corporation is Here to Help You
