The anatomy of a Background Check? - <<<<<<IN-DEPTH ANALYSIS>>>>>>>

[Yo!han]

Hello LegalFalcon,

I'm FSWO, AOR 28th Mar. I've ordered GCMS yesterday and by the time it's arrived, i'll probably have eaten all of my nails. Hope I get PPR before I'll have to resort to eating my toe nails too

Anyway, in response to my status inquiry, CPC Ottawa replied that my application has been approved - that was 15 days back and it's been 31 days since i'm in IP2. I know that even now people are getting PPR within 5 days of IP2. Do you have any idea why the status stays so long in approve without them issuing PPR?

My local visa office was supposed to be Pretoria, SA, but still it was processed at Ottawa. Do you think that there is some sort of handing over between these 2 offices? I doubt if they are going to ask me to send my passport to Ottawa.

Thanks

 

[strength2]

Link to the Access to Information Act: http://laws-lois.justice.gc.ca/eng/acts/A-1/index.html

The following line indicates which sections of the act were invoked by the Agency if the information was not all disclosed to you

13 (1) (a) obtained in confidence from a government of a foreign state
15 (1) Prevention of subversive activities
16 (1) (c) Injurious to the enforcement of any law of Canada or a province or the conduct of lawful investigations
19 (1) Personal information of another individual

 

[legalfalcon]

Hello LegalFalcon,

I'm FSWO, AOR 28th Mar. I've ordered GCMS yesterday and by the time it's arrived, i'll probably have eaten all of my nails. Hope I get PPR before I'll have to resort to eating my toe nails too

That is the goal and I too hope that you get PPR, way before the GCMS.

Anyway, in response to my status inquiry, CPC Ottawa replied that my application has been approved - that was 15 days back and it's been 31 days since i'm in IP2. I know that even now people are getting PPR within 5 days of IP2. Do you have any idea why the status stays so long in approve without them issuing PPR?

If your application has been approved, you will continue to be in IP2 until you submit your passport and the visa issued to you. Even after an application is approved, since the PPRs are issued in batches, for some applicants it takes a few days to sometime over a week before they receive the PPR. Also, even after the application is approved, there is a final review, and to get there its takes time and no one may have worked on your file. There can be multiple factors.

My local visa office was supposed to be Pretoria, SA, but still it was processed at Ottawa. Do you think that there is some sort of handing over between these 2 offices? I doubt if they are going to ask me to send my passport to Ottawa.

This is due to workload distribution, and more applicants are seeing their applications being processed at Ottawa instead of LVO. When you get the PPR, you will be asked to issue send your PP to the LVO.

On a lighter note, won't it be nice IRCC asking you to flay down to Ottawa to get your PR visa stamped and get COPR.

Thanks

 

[A.Syed1]

A week after I sent the online ATIP request to CBSA, I received an email from CBSA with an official acknowledgment of receipt and a tracking number. The email also said they take about 30 days to process ATIP requests and then a further 5-10 days to mail it to the applicant. They do not respond to any ATIP requests through email. They gave a contact number and email address to contact if this 30-40 day period elapses without any answer. Pretty professional if you ask me. A lot more than IRCC.

 

[legalfalcon]

A week after I sent the online ATIP request to CBSA, I received an email from CBSA with an official acknowledgment of receipt and a tracking number. The email also said they take about 30 days to process ATIP requests and then a further 5-10 days to mail it to the applicant. They do not respond to any ATIP requests through email. They gave a contact number and email address to contact if this 30-40 day period elapses without any answer. Pretty professional if you ask me. A lot more than IRCC.

The tracking number and the receipt number is given immediately whEn you file the ATIP request At the email you enter while filing the request. When you file, you have to choose delivery by electronic service.

Only CSIS responds back by mail, records of CBSA if requested in electronic format is transmitted by email.

 

[Danaan]

Very informative article, thank you.

Can you shed any light on how Criminal Rehabilitation intersects with this process? Assuming that the applicant has been deemed rehabilitated, would that make passing either criminality or security go faster, or would it just raise more flags? Asking for a friend

 

[rxyz]

Hi , I received a request for CV (and a form for my publication list etc) . Anyone knows what is this and if this is going to lengthen my application process?

 

[legalfalcon]

Very informative article, thank you.

Can you shed any light on how Criminal Rehabilitation intersects with this process? Assuming that the applicant has been deemed rehabilitated, would that make passing either criminality or security go faster, or would it just raise more flags? Asking for a friend

You have to understand the under the Immigration and Refugee Protection Act (IRPA) the law that governs immigration for all programs, an applicant can be inadmissible for the following reasons:

1. Medical
2. Criminality (including organized crime)
3. Human rights or International Law violations
4. Financial
5. Misrepresentation
6. Security

Specifically for inadmissibility based on "criminality," there are various factors that are taken into consideration. It has to be evaluated whether the crime was committed in Canada or outside Canada.

Assessing criminal inadmissibility and eligibility for rehabilitation involves the following questions:

1. Is there a conviction or act equivalent to an appropriate Canadian federal offence (indictable or hybrid under Canadian law), or a Canadian conviction (indictable or hybrid)?
2. Has there been a court disposition that is not a “conviction”?
3. Has there been an acceptable expungement or pardon? Can there be an acceptable expungement or pardon?
4. If there is a conviction –
   
   When was the sentence completed?​
   Have five years or 10 years passed?

Canadian Rehabilitation is essentially an assessment of a criminal's future behavior, actions and attitudes. Factors considered by adjudicators include nature of offense, Canadian criminal equivalency, time elapsed with good conduct, term of imprisonment as well as change in moral character. Demonstrating remorse for your actions is also paramount, and a lack of remorse on behalf of an applicant can essentially poison an application.

Even if a person is rehabilitated, when such an applicant applies for admission to Canada, IRCC has the sole prerogative to refuse the candidate, or impose conditions on his presence in Canada. There are policy manuals which the IRCC, CBSA (the sole authority in examining criminality, especially foreign criminality) follow. Some Manuals are available publicly, some are only circulated internally.

The following may be useful to understand the issue in further detail.


http://www.cic.gc.ca/english/resources/manuals/enf/enf02-eng.pdf
http://www.cba.org/cba/cle/PDF/IMM11_Sedai_ENF14 (2008-04-21).pdf

The bottom line is, if you are in such a situation, you should engage the help of a lawyer to navigate the process and make sure that your case is presented in a strong manner.

 

[legalfalcon]

Hi , I received a request for CV (and a form for my publication list etc) . Anyone knows what is this and if this is going to lengthen my application process?

This is normal and usually asked during eligibility. Do you have a PhD, or so something in research?

 

[rxyz]

This is normal and usually asked during eligibility. Do you have a PhD, or so something in research?

yes I have a PhD (Electrical and COmputer eng.) , living in US and my nationality is Iranian. The form asks:Upon return to your country, what employment plans do you have in place? At which company or organisation and in what field of work?
SInce I work and live in US I have no idea what to write here? any idea?
Also can CV increase the processing time?

 

[legalfalcon]

yes I have a PhD (Electrical and COmputer eng.) , living in US and my nationality is Iranian. The form asks:Upon return to your country, what employment plans do you have in place? At which company or organisation and in what field of work?
SInce I work and live in US I have no idea what to write here? any idea?
Also can CV increase the processing time?

Are you a PNP?

 

[rxyz]

Are you a PNP?

no FSWO

 

[legalfalcon]

no FSWO

All they are trying to is evaluate your degree and the work you have done to get a better grasp of eligibility. If you are not working now, or have less work experience, especially in cases for candidates who are getting into academia, then IRCC will evaluate their credentials based on the research papers publish, the kind of jobs they are applying for etc. This is just another way of evaluating your educational credentials and the work experience you may have claimed in your application.

 

[JamR]

I have been requested for the additional document (travel history of my spouse)
I have already uploaded the details of my spouse travel history but thy have again requested.
any idea what could be the reason?

Pnp

 

[rxyz]

All they are trying to is evaluate your degree and the work you have done to get a better grasp of eligibility. If you are not working now, or have less work experience, especially in cases for candidates who are getting into academia, then IRCC will evaluate their credentials based on the research papers publish, the kind of jobs they are applying for etc. This is just another way of evaluating your educational credentials and the work experience you may have claimed in your application.

thanks but I am working now