Question:
Why do processing times vary at different embassies? Can I transfer my file to a visa post with faster processing? What can I do when my repeated faxes to the embassy remain unanswered?

Answer:
Prior to June 2002, an applicant could file an application at any Canadian visa post [embassy/consulate] in the world. Under the Immigration and Refugee Protection Act & Regulations, [post June 2002], an applicant can only submit his/her application at a visa post responsible for the country where the applicant resides legally as a permanent resident, on a work permit or study permit.

This new policy has resulted in bottle-necks at several embassies that have a high number of applicants. It seems that the number of applications has increased and the resources at the embassies have remained the same. Visa Officers at these posts are struggling to keep up with the pace. Program managers at these embassies also have the difficult task of managing the targets, i.e. the quotas at each embassy. It’s a mystery how these targets are determined. This has resulted into an unfair system because applicants applying around the same time at different posts may not be processed in the same manner with the same speed. This is clearly discrimination against those applicants who are unfortunate to find themselves in countries with higher interest in immigrating to Canada. I invite you to read an article that appeared in the Vancouver Province newspaper (reproduced at http://www.askmassood.com/2005/06/ )

Under the new law, applicants can no longer transfer their files. For instance, if you applied from China and a few months later end up in USA as a student, you cannot simply ask that your file be processed at the embassy in the US. You’ll have to submit a fresh application with fees again.

An applicant, who has run out of options in getting a final decision for his /her application, has the option to apply for a mandamus order at the Federal Court of Canada. If the judge is satisfied that the applicant has done everything legally possible and the delay is unreasonable, he/she will compel CIC to make a decision. The Court usually gives CIC a deadline. This process takes a few months and applicants are advised to consult experienced immigration lawyers for proper assessment and advice on what is considered ‘unreasonable delay’ and whether all the prerequisites are present for a mandamus application.

For more details on this topic, see www.askmassood.com