When an immigration application sits far longer than it should, there is a clear escalation path — from IRCC’s own tools to a demand letter to a Federal Court Mandamus. Here is how to move a delayed file.
Few things are more stressful in immigration than silence. Your application is complete, the fee is paid, and then months — sometimes years — go by with no decision, no explanation, and a family’s plans frozen in place. The good news is that an unreasonable delay is a problem with a solution, and there is a clear escalation path from IRCC’s own tools all the way to the Federal Court of Canada. This guide walks through what to do, in order, if IRCC has delayed your application.
First, know your processing time
Before anything else, find out how long your type of application is actually supposed to take. IRCC publishes processing times by application category, and they are the benchmark against which “delay” is measured. A file that is a few weeks past the posted time is usually just normal variation; a file that is many months or years beyond it, with no explanation, is a different matter.
Keep in mind that some processing involves background, security or medical checks that can legitimately add time. But those checks cannot justify open-ended, unexplained delay forever, and the longer a file runs past its service standard without a reason, the stronger your position becomes.
Step 1: Use IRCC’s own tools
The first practical steps are the ones IRCC provides, and they sometimes resolve a delay on their own:
- Check your application status online and in your account for any requests you may have missed — an unanswered request for documents is a common hidden cause of delay.
- Submit a case-specific enquiry through IRCC’s webform to ask about the status of a file past its processing time.
- Request your GCMS notes through an access-to-information request to see what is actually happening on the file and whether anything is outstanding.
- Where eligible, contact IRCC through the client support channels or your Member of Parliament’s office, which can make a case enquiry on your behalf.
Step 2: A formal demand letter
When the standard tools go nowhere and the delay is genuinely unreasonable, the next step is a formal demand letter from a lawyer. The letter sets out the history of the file, establishes that a reasonable time to decide has passed, and formally demands a decision within a short, reasonable deadline. This is not just a stern email — it is a required step in the legal test for a Mandamus, and it frequently works on its own.
It is surprising how often a file that was invisible for a year is suddenly decided within weeks of a lawyer’s demand letter landing on the right desk. For many clients, this is where the delay ends.
Step 3: Mandamus at the Federal Court
If the demand letter does not produce a decision, the final and most powerful step is an application for a writ of Mandamus at the Federal Court of Canada. A Mandamus is a court order compelling IRCC to make a decision on a file that has been unreasonably delayed. It does not ask the Court to approve your application — it forces IRCC to finally decide it, one way or the other.
The legal test requires a public duty to act, a reasonable time that has passed after you demanded a decision, and no other adequate remedy. One of the most useful features of a Mandamus is that filing it often ends the problem without a hearing: a large share of delayed files are simply decided by IRCC once the application is filed and served. Because this is Federal Court litigation, it must be handled by a licensed lawyer — a consultant cannot appear at the Federal Court. Inna Kogan brings these applications regularly, and many resolve within roughly two to four months.
What not to do
A few common mistakes make delays worse. Do not submit duplicate applications in the hope of getting a faster one — this can create confusion and actually slow things down. Do not ignore IRCC requests for documents or information; an unanswered request can freeze a file indefinitely. And do not wait indefinitely assuming the decision is “coming soon” — if your file is far past its processing time, the clock on the harm to your life keeps running, and the escalation path above exists precisely so you do not have to wait forever.
If your application has been delayed well beyond its posted processing time, it is worth a professional review. Inna Kogan assesses whether your delay is legally unreasonable and, where it is, sends an effective demand letter and brings a Mandamus application to get your file decided. Book a consultation for an honest assessment of your options and a realistic timeline.
