One of the most common calls our office gets right now comes from people whose immigration files have been sitting in security screening for far longer than anyone expected. They applied for permanent residence, a work permit, a study permit or citizenship, answered every request, and then watched the online tracker show “background check in progress” month after month with no change. The webform replies they receive are polite but say very little, and the published processing time for their application came and went a long time ago. If you’re in that position, the most important thing to know is that a long screening delay does not mean something is wrong with you or your application, and it does not mean you have to keep waiting without options. There are practical steps that can bring your file back into focus, and when a delay becomes truly unreasonable, the Federal Court can order IRCC to make a decision. Here is what we’re seeing, why screening stalls, and how we help get these files moving again.
What We’re Seeing With Files Stuck in Security Screening
The files we see in this position tend to look alike. The application was complete when it went in, the applicant answered every request and kept their information up to date, and then progress simply stopped. The tracker shows background or security checks as “in progress,” sometimes for a year or two, and nothing on the account explains which check is pending or who is handling it. Status requests through IRCC’s webform usually come back with a general reply that the application is still being processed. Meanwhile, life keeps moving: job offers have start dates, documents and medical exams approach their expiry, travel and family plans are put on hold, and the uncertainty itself becomes exhausting. We always encourage people in this position to keep a simple, dated record of everything, including screenshots of the tracker, copies of each webform request and every reply. That record costs nothing to keep, and if the file needs to be escalated later, it becomes the backbone of the case.
Why Security Screening Can Stall
Many applications go through security and criminality screening before IRCC can make a decision, and IRCC carries out much of that work with partner agencies such as the Canada Border Services Agency and the Canadian Security Intelligence Service. Not every file goes through the same checks, and the online tracker doesn’t show which stage is taking time. A file can wait in a queue for an agency’s response, be referred for further review, or simply sit without any recorded activity. None of this, on its own, says anything about the applicant. A long screening wait is very often about workload and process rather than anything in the person’s background. It helps to understand this, because the delay can feel personal when it usually isn’t.
When a wait stretches on, the legal question becomes whether the delay is unreasonable. The Federal Court generally looks at three things: whether the delay is longer than the nature of the process requires, whether the applicant is responsible for any part of it, and whether the government has given a satisfactory explanation. Published processing times are a useful yardstick for the first point, although they don’t decide a case on their own. In recent decisions, the Federal Court has said that a general statement that security screening is ongoing is not enough, by itself, to justify a very long delay, and that IRCC needs to explain what is actually happening on the file. That is encouraging for applicants who have waited years without a real answer. Every case still turns on its own facts, which is why the record you keep and the steps you take before going to court matter so much.
How We Get Stuck Files Moving Again
When someone comes to us with a file stuck in screening, we start by measuring the delay properly. We compare the wait with IRCC’s current published processing time for that type of application, counting from the date it was submitted, and we review the file to make sure nothing is outstanding on the applicant’s side, such as an unanswered request, an old address or a medical exam or passport that needs renewing. We also request the GCMS notes, which are the internal notes IRCC keeps on each file in its Global Case Management System, through an access to information request. Those notes often show what has actually happened and when, including whether screening has been active or the file has simply been sitting. With that information in hand, we can tell our clients honestly whether their delay is likely to be seen as unreasonable, or whether a little more patience or a simple fix is the better path. These first checks are quick, and they make every step that follows stronger.
If the delay is clearly beyond what the process requires and IRCC still hasn’t given a real explanation, we usually send a formal demand letter asking IRCC to make a decision within a reasonable time. When that doesn’t produce action, we can bring a mandamus application, which asks the Federal Court to order IRCC to perform its legal duty and decide the application within a set time. In many cases, files start moving once a case has been filed, sometimes well before any hearing. Timing, evidence and how the case is presented all make a real difference, and a case filed too early or without a solid record can cost time and money. It’s also important to be clear about what this remedy does: mandamus gets you a decision, not a guaranteed approval, and the officer still decides the application on its merits. That is exactly why it helps to have someone who handles these cases regularly look at your file before you take the next step.
If your application has been stuck in security screening, our office can review your file and map out the next steps to get it moving. Learn more about how we provide help with an immigration application delay, or contact us to talk it through. This article is general information, not legal advice about your situation.
