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Tangled in Canada’s immigration backlog? What you can do about the delay – National

Dixon D’mello hasn’t seen his wife since she left India and came to Canada for university 10 months ago.

D’mello, who lives in Mumbai working as a lawyer, says looking after two young kids – aged 1 and 3 years – without their mom around has been “very difficult.”

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“Especially the children are missing their mom,” the 39-year-old told Global News. “A young child without his mom, how can he survive?”

His wife is enrolled in a two-year program at the Red Deer Polytechnic in Alberta.

The family applied for a Spouse Open Work Permit (SOWP) for D’mello and a temporary resident visa for the children in July 2021 and since then, has received no updates to their applications from the Canadian immigration department.

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“We have done our … medical and then our biometrics. We are just waiting,” says D’mello.

He is not alone.


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More than two years into the COVID-19 pandemic, wait times for immigration applications to come to Canada continue to be a concern, with many people stuck in limbo and growing impatient.

There are currently more than two million immigration applications for citizenship, permanent residence and temporary residence in the inventory, according to the latest figures from Immigration, Refugees and Citizenship Canada (IRCC) shared with Global News this month.

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While travel restrictions and other constraints brought on by the pandemic have caused long delays, the war in Ukraine this year has only added to the inventory backlog, IRCC says.

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“Despite our considerable efforts, we know that some applicants have experienced considerable wait times with the processing of their applications, and we continue to work as hard as possible to reduce processing times,” said Rémi Larivière, an IRCC spokesperson, in an email.

IRCC is trying to play catch up and reduce wait times with additional funding, hiring new processing staff, digitizing applications and reallocating work among offices around the world, Larivière said.


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But for those applicants tangled in the backlog, there is “a lot of frustration” as they wait to be reunited with family members or get work permits, immigration lawyers say.

“Many of them are waiting for months and months and months, and they don’t know what to do,” said Ravi Jain, a Toronto-based immigration lawyer and co-founder of the Canadian Immigration Law Association.

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“Some of them are just distracted over how long it’s taking and they don’t have any answers as to how longer it could be,” he said, adding that customer service is at “an all-time low.”

What options do applicants have?

After submission, applicants can track the status of their applications online through the IRCC website or a secure IRCC account.

In March, the IRCC updated its processing times tool to “more accurately show” the expected wait times.

When D’mello filed his application last year the estimated wait time shown was 16 weeks. That has now gone up to 55 weeks.

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Lawyers say the new tool has helped reduce the number of inquiries to IRCC and alleviate the anxiety for many applicants — but it doesn’t solve their problems.

“I think it’s a good initiative for sure… but… what you really need is someone to process the file,” said Jain.

The main way to communicate with the IRCC is to submit a web form through their website to follow up on the progress of an application, said Sonia Matkowsky, a partner at an immigration law firm based in Toronto whose firm has been helping the D’mello Familia.

“The majority of the time we receive a generic or automated response, basically saying your application is processing and there are delays due to COVID,” she said. “So we don’t really get any substantive information when we follow up.”


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However, for clients whose applications have been pending for a very long time, a judicial review by the federal court can be requested that often speeds up the process, Matkowsky says.

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The federal court is asked to issue a mandamus, which is a court order that requests the IRCC to make a decision within a certain time period.

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“If we can show that the processing times have been unreasonably delayed and it’s at no fault of the applicants, then the federal court is very cooperative and a lot of times we don’t even get to a hearing,” said Matkowsky.

Her firm has been able to settle cases with the Department of Justice lawyer and the counsel for the IRCC.


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Many applicants also try to follow up with MPs, which D’mello has tried without much luck.

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He got a response saying there is absolutely nothing they can do and IRCC would be processing applications on a first-come-first-serve basis, D’mello said.

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For people who submitted a visitor visa application before Sept. 7, 2021, whose situation has changed since then, the recommendation is to start a new online application.

In January 2021, the IRCC also introduced a new program that allows international students whose post-graduation work permit is no longer valid or is expiring to be extended for another 18 months.

That extension will be offered again starting this summer, Immigration Minister Sean Fraser announced last month.

© 2022 Global News, a division of Corus Entertainment Inc.

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