Spousal sponsorship stuck in “background check”
Two years in, two web forms sent, and the same standard reply.
IRCC file stuck? Find out if your delay is strong enough for Federal Court.
A writ of mandamus is a Federal Court order that makes IRCC decide a delayed application. Answer 6 quick questions. A lawyer reads your answers before your consultation and tells you: file now, wait until a set date, or mandamus is not the right tool.
Delay checkStep 1 of 6
What did you apply for?
You are not the only one waiting.
28,465new immigration cases in the Federal Court in 2025
13,487new immigration cases in 2022
Source: Federal Court of Canada statistics, as of December 31, 2025.
Sound familiar?
Citizenship: silent after the test
You passed the test. There is no oath invitation and no explanation.
PR file in “security screening”
Express Entry or PNP, long past the posted time, with no end date.
Work or study permit long overdue
The job offer or the school term will not wait.
What mandamus does, and what it does not
Mandamus does
- Make IRCC finish your file and issue a decision.
- Put your file in front of the Federal Court and a Department of Justice lawyer.
- Often get a file moving before any hearing.IRCC often decides once the case is underway, and the case is then discontinued. This is common, not guaranteed.
Mandamus does not
- Make IRCC approve your application.
- Ask the Court to judge your application on its merits.
- Come with a “success rate”.The Federal Court does not publish mandamus results as a separate statistic, so no one can know it.
A forced decision can be a refusal. That is why we look for weak points in your file before we file anything.
The Court asks three questions
- Is the delay longer than the process normally takes?
- Did you or your representative cause any of it?
- Has IRCC given a satisfactory reason?
The six questions above help the lawyer answer these three for your file.
What you get at the consultation
- A lawyer who has read your answers. You do not start from zero.
- One clear answer: “file now”, “wait until [date]” or “mandamus is not the right tool”.
- Your next step in each case: a web form, your GCMS notes, an MP enquiry or a demand letter.
- An honest “not yet”. If the Court would likely find your delay reasonable, we tell you and set a date to look again.
- A fixed fee for each later stage, quoted in writing before any work starts.
If you go ahead: five stages
File assessment
We review your application, your IRCC correspondence and your timeline.
Evidence
We order your GCMS notes and build a dated delay log.
Demand letter
We send IRCC a formal demand to decide your file by a set date.
Federal Court filing
We prepare, file and serve the Application for Leave and for Judicial Review.
Resolution
We deal with the Department of Justice lawyer. When IRCC decides your file, we close the court case. If the case goes ahead, we argue it.
Some files start moving at the demand letter stage.
What it costs
| Consultation | $50, paid at the consultation. Free if you hire us for the full case and sign a retainer agreement. |
|---|---|
| Federal Court filing fee | $50 (government fee) |
| GCMS notes (Privacy Act request) | Free |
| Demand letter, court application, hearing | Fixed fee for each stage, quoted in writing after the consultation |
In immigration cases each side usually pays its own legal costs. The Court orders costs only for “special reasons”.
Alex Sutton, immigration lawyer, reviews your file and signs off on your strategy.
Our team in the Greater Toronto Area brings more than 30 years of combined immigration law experience.
- In Federal Court you can represent yourself or be represented by a lawyer. Immigration consultants cannot represent you there.
- Consultations by video or at our Richmond Hill office (Greater Toronto Area).
- Consultations in English, Russian and Ukrainian.
- One contact person, with updates at every step.
Wherever you live, your case is filed in the Federal Court of Canada, which hears cases across the country. You do not need to live in Ontario.
Questions
What happens after I send my answers?
We contact you within 24 hours to set a consultation time. The lawyer reads your answers before you talk. At the consultation you get a clear answer and your next step.
How much is the consultation?
$50, paid at the consultation. If you hire us for the full case and sign a retainer agreement, the consultation is free. You pay nothing on this page.
How long should I wait before filing?
There is no fixed number in the law. As a rule of thumb, many lawyers consider mandamus once a PR or citizenship file has waited about twice the posted processing time, or about a year past the posted time for most temporary files, and IRCC has given no explanation.
How long does mandamus take?
Some files start moving after the demand letter. If the case goes to court, your record can currently take up to 120 days to file. The government then has 30 days, and you have 10 days to reply. If leave is granted, the hearing takes place 30 to 90 days later. Many files are discontinued before that because IRCC decides them.
Will mandamus make IRCC refuse my application?
Mandamus makes IRCC decide your file. It does not tell IRCC how to decide. If there is a real problem in your file, a forced decision can be a refusal, so we look for those problems in your GCMS notes before filing.
Can I file a mandamus application myself?
Yes. Rule 119 allows you to represent yourself. But you need leave from the Court, a proper affidavit and record, service on the Attorney General, and you must meet strict deadlines. An immigration consultant cannot represent you in Federal Court.
I live outside Canada. Can you still help?
Yes. Mandamus is filed in the Federal Court of Canada. We work with you by video and email.
Still waiting on IRCC? Six questions, then a lawyer looks at your answers.
Start — 6 questionsConsultation $50, paid at the consultation. Free if you retain us for the full case.
