Simranjot applied for a spousal open work permit/spouse visa to reunite with his spouse in Canada. Despite having no adverse history and a clean police service record, his application became stuck in prolonged security screening.

Months passed without any meaningful progress. The delay went far beyond IRCC’s published processing times, with no explanation and no end in sight.

At this stage, Simranjot sought legal assistance from Fateh Law Corporation.

First Legal Remedy: Writ of Mandamus

When IRCC fails to make a decision within a reasonable time, applicants may seek a writ of mandamus in the Federal Court of Canada. This legal remedy asks the Court to compel immigration authorities to perform their public duty and finalize a decision.

A mandamus application was filed and strongly argued, highlighting:

  • The excessive length of the delay
  • The absence of any valid justification
  • The impact on family reunification

Unfortunately, the Court’s decision at this stage was negative. However, this did not mean the delay or refusal was legally correct.

Challenging the Refusal: Writ of Certiorari in Federal Court

Determined to pursue justice, Simranjot retained us again to challenge the wrongful refusal through a writ of certiorari in the Federal Court of Canada.

Certiorari allows the Court to:

  • Review the legality of IRCC’s decision
  • Quash decisions that are unreasonable or procedurally unfair
  • Send the matter back for reconsideration by a different officer

This time, the Department of Justice agreed to a settlement, and the refusal was set aside. The file was returned to IRCC for redetermination.

Continued Delays After Settlement—and Strategic Legal Pressure

Even after the Federal Court settlement, IRCC continued to delay the application by issuing repeated and traditional document requests, without reaching a final decision.

At this critical stage, Fateh Law Corporation:

  • Responded promptly and thoroughly to every request
  • Put IRCC on formal notice that continued delay would result in another writ of mandamus
  • Made it clear that Federal Court scrutiny would continue if a decision was not issued

This sustained legal pressure proved decisive.

A Key Legal Advantage: Lock-In Date Protection

One of the most important factors in this case was that the application was filed under the old immigration rules, when the spouse was still eligible to sponsor her husband.

Because the refusal was set aside by the Federal Court, the principle of lock-in date applied. This meant:

  • The application had to be assessed under the rules in force at the time of original filing
  • Later policy changes could not be applied retroactively
  • Eligibility remained legally protected

This legal safeguard played a crucial role in the final approval.

Final Outcome: Spousal Open Work Permit Approved

After nearly two years of delay, court proceedings, and persistent advocacy, Simranjot Singh Dhaliwal finally received approval. A client with a clean police service record, who was being unfairly penalized simply for his professional background, is now reunited with his family in Canada.

A Widespread Issue Affecting Many Families

Unfortunately, Simranjot’s experience is not unique. We routinely hear of applicants waiting:

  • Three years or more for spousal open work permits
  • Indefinite periods for security clearance with no explanation
  • Years in separation despite meeting all legal requirements

These delays are not normal, and they are not beyond challenge.

When Should You Consider a Writ of Mandamus?

You may have grounds to challenge IRCC if:

  • Your application has crossed normal processing times
  • There is no meaningful communication from IRCC
  • Security screening has become indefinite
  • Family reunification is being unreasonably delayed

A writ of mandamus in the Federal Court of Canada can force IRCC to explain the delay and make a decision.

Do Not Let Immigration Delays Put Your Life on Hold

If your spousal open work permit or spouse visa application has been wrongfully delayed, do not allow your life to remain in limbo indefinitely. Demand accountability. Demand an answer.

📞 Contact Fateh Law Corporation today to book your initial consultation with a Canadian Barrister and Solicitor experienced in Federal Court litigation against IRCC.

When delays become unreasonable, the law provides a remedy.