Processing delays for Canadian permanent residence (PR) applications have become a frustrating reality. The Start-up Visa Program (SUV) in particular has seen timelines increase dramatically from 20 months in 2020 to 53 months today.
If your application has been delayed, there may be steps you can take to understand the cause — and potentially push for a decision.
1. Request an ATIP (GCMS Notes)
The first step is to submit an ATIP (Access to Information and Privacy request). This allows you to see your GCMS (Global Case Management System) notes — the internal records IRCC (Immigration, Refugee and Citizenship Canada) officers keep on your file. These notes reveal whether there are "red flags," such as missing documents, expired medicals, or security/background concerns.
If you find issues, you may be able to fix them by providing updated documents or explanations. If your notes show no concerns, that strengthens your position to push IRCC to act.
2. Clear Red Flags & Follow Up
Once you know what's holding your file back, act quickly. Update expired police checks, send clarification letters, or address officer concerns. If nothing is flagged, you can use inquiry channels such as IRCC web-forms, the Client Support Centre, or even your local Member of Parliament, who may intervene on your behalf.
3. Consider a Mandamus Application
If your file is complete, free of red flags, and still delayed far beyond the published times, the next option may be a writ of mandamus. This is a Federal Court order requiring IRCC to make a decision on your file because they have unreasonably delayed the file. The Court views an unreasonable delay as IRCC refusing to do its duty of making a decision on your file.
Mandamus does not guarantee an approval, but it forces IRCC to take action. To succeed, you must show:
- You've done everything required as an applicant;
- IRCC has a duty to decide your application; and
- The delay is unreasonable compared to how long it would typically take to process the file.
The Bottom Line
Delays in PR processing — especially in programs like the SUV — can be stressful and disruptive. Start by requesting your ATIP notes, fix any issues, and use all available inquiry channels. If your file remains stuck with no explanation, a mandamus application may be the right next step.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
