Overcoming IMP+ Delays with Mandamus

The IMP+ program for Quebec is dead without reasonable processing delays. A mandamus might be your only option.

Last updated on
December 8, 2023

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Understanding the IMP+ Program, Delays and Mandamus

Canada's allure as a land of opportunity and promise has attracted individuals from around the world. Yet, the journey to becoming a permanent resident in Canada can be filled with obstacles, especially if you're seeking residency in Quebec. Acause of concern has been the significant differences in processing times for permanent residence applications in Quebec compared to other provinces.

IRCC and Quebec introduced the IMP+ program, aiming to bridge this gap and facilitate the timely arrival of eligible individuals. The International Mobility Plus (IMP+) program, designed to expedite the arrival of skilled workers while awaiting the processing of their permanent residence applications in Quebec, is a game-changer.

Delays in processing IMP+ work permits pose a significant challenge, and for many, the solution lies in a "mandamus" application in Federal Court.

Speeding Up the Arrival Process with IMP+

Prior to this initiative, those selected for permanent residence in Quebec had to patiently wait for their application to be approved before they could start living and working in the province. With the introduction of the IMP+, applicants selected for permanent residence in Quebec, even if currently residing elsewhere, can apply for an IMP+ work permit if they were invited by the province of Quebec.

This permit grants them the opportunity to move to Quebec, start working, and get settled in the province while their permanent residence application is in process. IMP+ isn't just about expediting the arrival of skilled workers; it's also about ensuring newcomers quickly integrate into their new communities.

Alignment with Other Provinces

The IMP+ program not only benefits Quebec but also brings the province in line with other provinces and territories across Canada. It aligns Quebec with the options available to provincial or territorial nominees in other regions. As part of federal-provincial-territorial agreements on immigration, individuals nominated for permanent residence through a provincial or territorial nominee program typically become eligible for a work permit while their application for permanent residence is in process.

Challenges and the Role of Mandamus

Despite the promise of the IMP+ program, delays can still persist, posing a significant challenge for applicants. In some cases, the processing time for the IMP+ work permit can be longer than the processing time for permanent residency applications outside of Quebec, including programs like Express Entry – Federal Skills Worker Program, the Atlantic Immigration Program, and Express Entry – Canadian Experience Class.

In essence, without reasonable processing times for the IMP+ work permit application, the program is rendered ineffective and impractical. It's a perplexing situation where individuals opting for the IMP+ program, specifically designed to expedite their arrival in Quebec, might find themselves waiting longer for a temporary work permit than others who have applied for permanent residency outside of Quebec. This discrepancy makes the IMP+ program appear counterproductive, as it should ideally enable skilled workers to arrive and start contributing to Quebec more swiftly. The very essence of the program loses its shine when lengthy delays hinder the transition of individuals to their new Canadian homes.

The Minister's inaction and unreasonably delays can be a significant source of frustration, and in some cases, the only option after numerous webforms, is a mandamus.

Mandamus: A Solution for Unreasonable IMP+ delays

Mandamus, legally referred to as a "writ of mandamus," is a judicial process that compels government authorities to fulfill their obligations under the law. It becomes especially crucial when individuals encounter unreasonable delays and an implied refusal to process their immigration applications. In such situations, a mandamus application becomes a powerful remedy.

Asserting Your Right to Fair and Timely Processing

When faced with the frustration of an implied refusal or unreasonable processing delays in your immigration application, mandamus provides a clear path for recourse. It's not merely about speeding up your application; it's about affirming your right to a just and timely decision on your immigration status. This becomes essential in a system often plagued by backlogs and inefficiencies, where mandamus becomes your only option to demand accountability.

The Relevance of Mandamus in the IMP+ Program

This holds particularly true in the case of the IMP+ program, which was designed with the primary goal of bridging the gap in processing times between Quebec and other provinces. In such instances, where the program's purpose is to expedite immigration processes, mandamus can be a valuable tool to ensure that the program's goals are met and that individuals can benefit from timely processing.

If you'd like to explore more about how mandamus can be applied in your immigration case, don't hesitate to learn more about it here. It could be the key to unlocking your immigration dreams. We have successfully filed for mandamus applications for the IMP+ program in Federal Court, which compelled IRCC to process these applications.

Conclusion: Navigating Immigration Challenges with IMP+ and Mandamus

The IMP+ program offers a promising pathway for individuals looking to settle in Quebec. However, the unfortunate reality of delays can still pose a significant hurdle. In such cases, mandamus can be a powerful tool to ensure that your immigration application receives the attention it deserves. The IMP+ program and mandamus together offer a ray of hope to individuals with dreams of calling Canada their home. With determination and the right legal guidance, your Canadian dream is within reach.

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Disclaimer: The information provided in this blog is general informational purposes and it is not legal advice. The information not a substitute for professional legal advice, and it may not be appropriate for you. Do not rely exclusively on this blog. Always conduct your own research and due diligence. While we strive to provide accurate and up-to-date information, immigration laws and regulations can vary and change over time. It is important to consult with a qualified immigration lawyer if you are unsure how to proceed.

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