To be eligible to apply for Canadian citizenship, you must meet the following requirements:
- Permanent Resident Status: You must be a permanent resident of Canada.
- Physical Presence: You must have been physically present in Canada for at least 1,095 days (3 years) during the 5 years before the date you sign your application.
- Income Tax Filing: You may need to have filed your taxes for at least 3 years within the 5-year period.
- Language Skills: If you’re between 18 and 54, you must show you can speak and listen in English or French.
- Knowledge of Canada: If you’re between 18 and 54, you must pass a citizenship test on Canadian history, values, institutions, and symbols.
- Prohibitions: You cannot be under a removal order, in prison, on parole, or on probation, and you must not have committed certain crimes.
What If There’s a Delay? Applying for a Mandamus
If there is an unreasonable delay in the processing of your citizenship application and you have met all the legal requirements, you may apply to the Federal Court of Canada for a writ of mandamus.
A mandamus is a court order that compels Immigration, Refugees and Citizenship Canada (IRCC) to make a decision on your file. This is used when:
- Your application has been in process for a long time.
- You have made reasonable attempts to get updates.
- You meet all eligibility requirements.
- There is no justifiable reason for the delay.
In the most recent case 2025 FC 1675 , an applicant submitted a complete and eligible Canadian citizenship application. Despite meeting all the requirements, the application had been delayed for over 24 months with no clear reason or update from IRCC. The issue was whether the applicant is entitled to a writ of mandamus to compel IRCC to make a decision on their delayed citizenship application.
The Federal Court assessed whether the following conditions for mandamus were met:
- A public legal duty exists for Immigration, Refugees and Citizenship Canada, IRCC; to decide on applications.
- The applicant had a clear right to the decision (met all requirements).
- There was no alternative remedy available.
- There was unreasonable delay without justification.
The Court found that all conditions were met, and IRCC had failed in its duty to act in a timely manner. The Federal Court granted the writ of mandamus, ordering IRCC to finalize the decision within a specified time frame.
If you’re applying for Canadian citizenship or are facing delays in your application, speak to Homa Yahyavi, an experienced immigration lawyer at YA Law Corporation in Vancouver, BC. Homa Yahyavi has a proven track record in handling complex immigration cases, including citizenship applications.