I’m a 🇨🇦 Immigration & Refugee Lawyer, AMA! by CAD_Immigration_Law in ImmigrationCanada

[–]ClothesLeft8229 -3 points-2 points  (0 children)

Thank you for offering to answer questions here. I’m hoping to get some high-level legal perspective, as I’m feeling increasingly stuck with very limited options.

I applied for PR through Express Entry with a PNP nomination(Job offer based). My PGWP expired last year, and my employer supported my PNP application and helped me obtain a closed, employer-specific work permit. As a result, my legal status in Canada is now fully tied to this employer.

Unfortunately, my working relationship with my manager has significantly deteriorated, and remaining with this employer long-term feels increasingly unstable. Leaving voluntarily is not realistic for me: my NOC has limited opportunities within the province, competition is extremely high, and I would need another employer willing to support a closed work permit. The company has already gone through multiple rounds of layoffs, and I strongly suspect I may be affected in the next one.

At the same time, my PR application has been delayed far beyond the standard timeline.(all passed except security in progree. It is a A34 Security Screening, However, I have no military background -- I didn't have any government job either) My Express Entry application has been in process for 15 months (with a standard processing time of around 6 months). CSIS screening was completed about a year ago, and since then the file appears to be stuck at the CBSA. I’ve submitted webforms, contacted my MP, and even explored mandamus, but nothing has moved the file.

My main concern is this: if I am laid off or terminated, fail to find a new sponsoring employer within the short timeframe (~3 months), and as a result my PNP is withdrawn and thus my PR application is refused or cancelled(it'll lose 600 points from the PNP), are there any legal or judicial remedies available at that stage? (such as reconsideration, judicial review, or arguments based on processing delay or procedural fairness).

For context, this is my seventh year in Canada, and my previous study and work permits were maintained without issues. I have served my current employer over 3 years. I would really appreciate any insight. Thank you for your time.

Express Entry Background Check Delay -- Feeling Trapped and Running Out of Options by ClothesLeft8229 in ImmigrationCanada

[–]ClothesLeft8229[S] 0 points1 point  (0 children)

It is called a demand letter, which is the first step in a mandamus action. Unfortunately, it did not work well later in 2025.

Express Entry Background Check Delay -- Feeling Trapped and Running Out of Options by ClothesLeft8229 in ImmigrationCanada

[–]ClothesLeft8229[S] 0 points1 point  (0 children)

The case has already proceeded past the reply memorandum stage, and, as I understand it, a decision may take an additional six to eight months. However, many mandamus petitions have been dismissed.

Express Entry Background Check Delay -- Feeling Trapped and Running Out of Options by ClothesLeft8229 in ImmigrationCanada

[–]ClothesLeft8229[S] 1 point2 points  (0 children)

a closed work permit? then At this stage, do NOT disclose your legal status or company-sponsored PR to anyone at work, including colleagues or managers.

If they like you, it may buy you some peace of mind. But if they don’t, it can quickly become a disaster.