Two neighbours on the same Springdale street send in citizenship applications around the same time. One is invited to a ceremony long before the other hears anything at all. In this hypothetical, the second neighbour begins to wonder what she did wrong. Probably nothing. Applications move at different rates, and IRCC’s posted processing times are estimates, which it describes as neither a maximum nor a promise.
But “probably nothing” is not a satisfying answer after a year of checking a tracker every morning, and sometimes a delay is a warning sign. Some stalled files are waiting for something you have not realized you were asked for. Some are being looked at closely because of a question about residence or a charge. And a refusal, unlike a delay, comes with a short court deadline that many people miss because they spend their first few weeks being upset and writing to IRCC.
This article is general information, not legal advice on your file. Immigration, Refugees and Citizenship Canada (IRCC) changes its tools and instructions from time to time, so rely on your own letters and the current IRCC pages. It assumes that you have already applied. If you are still preparing your application, our separate material on applying may be a better place to start.
Start by Finding Out What You Actually Have
Before worrying about a delay, confirm that your application is actually in process.
You can check your status only after you receive an acknowledgement of receipt (AOR), which tells you your application is complete and gives you your application number and unique client identifier. An online confirmation email is not an AOR. If the application was incomplete, it is returned or flagged, the fee is not processed, and the clock effectively restarts when you resubmit it with the missing items, an updated physical presence calculation for adults, and a new signature and date. A person who believes they have been waiting for nine months may discover that their file never truly started.
Once you have an AOR, the citizenship application tracker shows an overall status and individual sections. Adults see six sections: language, prohibitions, background verification, physical presence, test and ceremony.
- Waiting on you means IRCC needs something from you. Do not ignore this. Look at the section called “Your next steps.”
- In progress means the section is still under review or, in some cases, that a test or ceremony has been arranged.
- Not started applies to the test and the ceremony, and means no invitation has been issued yet.
- Completed means that IRCC has finished reviewing that section.
- Waived means the section doesn’t apply to you, for example after an approved exemption.
- Closed, as an overall status, means the application was refused, withdrawn, cancelled or abandoned. IRCC says it will contact you before closing it.
Your application history in the tracker can be as informative as the current status, so read it as well.
Common Reasons a File Slows Down
There isn’t always an explanation you can see from the outside, but the following are some usual reasons.
Physical presence questions. Adults must have been physically present in Canada for at least 1,095 days in the five years before applying. If your travel history is complicated, or your calculation doesn’t match travel records, IRCC can ask for more proof, sometimes through a residence questionnaire. Some applicants are also randomly selected for a quality assurance review. That may involve a request for more information or an interview, without anything being wrong with your file.
Background and security checks. Other agencies may be involved in checks, and those checks do not run on your schedule. The Citizenship Act allows the Minister to suspend processing for as long as necessary to receive information or evidence, or the results of an investigation, needed to establish whether the person meets the requirements or whether an admissibility hearing or removal order applies. You may hear very little during this period.
Fingerprints. If IRCC asks for fingerprints, they must be taken electronically at a local police service, the RCMP or an RCMP-accredited company. A Service Canada Centre will not do. Delays here are avoidable.
Criminal charges. A charge that arises after you apply must be reported. An outstanding charge, a probation order, or time in custody can bring the process to a halt or lead to a prohibition. Charges heard at the Brampton courthouse at 7755 Hurontario St. can affect your citizenship timing, even for offences that might seem minor. Tell your criminal lawyer that you have a citizenship application in process, as the type of resolution can matter.
Name, identity or document inconsistencies. Different spellings or dates across your passports, permanent resident documents and forms can result in follow-up requests.
Address and contact problems. IRCC says that failing to update your contact information can slow processing or lead to a refusal or abandonment. If you move from a Brampton basement apartment to a house in Caledon, tell IRCC immediately, even if you have mail forwarding, as Canada Post does not forward parcels.
The Abandonment Trap
Section 13.2 of the Citizenship Act allows the Minister to treat an application as abandoned where an applicant, without reasonable excuse, fails to provide required information or attend when asked, or fails to attend the oath ceremony. Once that happens, no further action is taken on it.
Abandonment is often the result of something ordinary, such as a test invitation sent to an old email address or a letter that arrived while you were abroad. IRCC tells applicants who travel that they should be able to receive mail and emails and reply within the stated time, which is usually 30 days. They should also tell IRCC about absences of more than two weeks in a row, and they must be able to attend a test, an interview or a ceremony in person. A month in Punjab during the winter is not a problem in itself, but having no one checking your email and mail during that month can be.
If you truly had a reason for missing something, respond right away in writing, with proof, such as a doctor’s note or travel record. Do not wait for IRCC to raise it.
What You Can Do About a Long Wait
If you have an AOR and your file has gone beyond the posted processing time, consider these steps, in order.
Check everything on your side. Look in spam folders and the online account, and confirm your mailing address. Make sure that there are no unanswered requests.
Send an enquiry. Use IRCC’s web form. Keep it factual: your application number, UCI, date of application, and what you are asking. Keep a copy.
Get your file notes. A request for your records can reveal which stage your application has reached and what, if anything, is holding it up. The information may be partial, but it can tell you whether there is something you need to fix. Our separate article on requesting immigration file notes explains how this works.
Consider contacting your Member of Parliament. Constituency offices in Brampton can sometimes make status enquiries with your consent. They cannot change the outcome or make IRCC speed up, but they may help you obtain basic information.
Think about a court order. The Federal Court can, in some situations, order a government decision-maker to perform a legal duty, in a remedy known as mandamus. It is generally reserved for situations where there is a clear duty, the applicant has met the conditions and demanded action, the delay is unreasonable, and no satisfactory reason for it has been given. Delays arising from ongoing security checks or from your own unanswered requests are harder to challenge. A court order would generally require a decision to be made, and would not decide your application in your favour. Costs and timing also need thought. For most people, this is a last resort, but a lawyer can tell you whether your case is at that point.
Why Applications Get Refused
A refusal letter will be sent by registered mail in many cases, and will explain the reason. Typical grounds include:
- Failing to establish physical presence, because there were too few days, or the evidence for the days claimed did not hold up
- Language or knowledge, including failing to show adequate knowledge of English or French or to pass the test or a follow-up assessment
- Tax filing, where the income tax filing requirements were not met
- A prohibition, such as certain criminal charges or convictions, being in custody or on parole or probation, or a removal order
- Misrepresentation, where a person misrepresented or withheld material circumstances
The last one has longer consequences. Under section 22 of the Citizenship Act, a person found to have misrepresented or withheld material circumstances can be prohibited from a grant of citizenship for five years. A false travel history is the sort of thing that can lead there, and it can also have a bearing on your permanent resident status.
Note that a citizenship refusal does not automatically cost you your permanent resident status. You keep your status unless something else causes you to lose it. That said, if a refusal reveals that you have not been meeting your permanent resident residency obligation of 730 days in five years, or if there is a misrepresentation finding, you may need to look into your immigration position separately.
The 30-Day Deadline
This is the most important date in the article. There is no appeal of a citizenship refusal in the ordinary sense. The route is an application for leave and for judicial review in the Federal Court. Section 22.1 of the Citizenship Act says that such an application can be made only with leave of the Court, and it must be filed and served within 30 days after the applicant is notified of the decision or otherwise becomes aware of it. A judge may extend the time for special reasons, but you should not count on that.
This is much shorter than the 60 days that many people have heard about for visa refusals made outside Canada. Advice from friends who dealt with a visitor visa may be wrong for your case.
Judicial review is not a second application. The judge doesn’t simply count your days again. The Court asks whether the decision was reasonable and fair, and looks at things like whether the officer ignored evidence or gave adequate reasons. If leave is granted, a hearing is to be held within a set period. If you succeed, the usual result is that your application is sent back for a new decision, not that you are granted citizenship. There is no appeal from a decision on leave, and an appeal to the Federal Court of Appeal after a judicial review requires a certified question.
The Federal Court sits in Toronto at 180 Queen Street West, among other places, and most Brampton applicants would attend there or by video, if a hearing takes place.
Reapplying Instead
Often the better choice is simply to reapply, particularly if the problem can be corrected. You may have since accumulated enough days, or filed the missing tax returns, or improved your language results. A fresh application means a new fee, which is currently $653 for an adult (the earlier fee is not refunded after a refusal), and a new wait.
Judicial review may be the better route when the refusal was truly wrong and reapplying would cause you real harm, or where the finding, such as misrepresentation, carries consequences beyond delay. In some cases, you may do both, but you should get advice. Filing a new application carelessly can also repeat the earlier mistake. Use the refusal letter as your checklist, and ask for your notes if you need to understand the officer’s reasoning.
Do not ignore a misrepresentation finding by simply reapplying. The prohibition may stop you, and an inconsistent new application could make things worse.
What to Do This Week If You Have a Refusal Letter
- Write down the date you received the letter, and count 30 days from then
- Keep the envelope and any registered mail slip
- Gather your full application, your travel records, tax documents and all correspondence
- Request your file notes, without delaying anything else for them
- Book a consultation with a lawyer immediately, rather than sending IRCC another letter
Our immigration law team can review refusal letters and delays, and our other immigration services page gives more information. You can also contact our Brampton office directly. We cannot promise a particular result, but acting within the deadline keeps your options open.