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

systems.engineer

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Mar 29, 2017
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I have received my gcms notes, but the eligibility and security were not started. They were generated od 27 July.
Should I order new set of notes, considering that my background is still NA, because when I ordered them last time it was NA too.
Has your eligibility passed? If not, then your BGC has not started.
 

SFKAS

Hero Member
Jul 27, 2014
591
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The address can be in Canada or outside. I know CSIS posted to UAE for example before. It may take longer if the address is outside Canada but it is an option. No one really knows the process. But if you are selected for the intensive security screening by the IRCC officer your file will be transferred to CBSA and then the same day CBSA sends it to CSIS and waits for CSIS to complete its security screening and then CSIS report comes back to CBSA/IRCC. It seems CSIS is functioning because some people are there for one day, some for 1 months, 3 months or even 6 months. There is no backlog in CSIS and it is processing. For CBSA there is not much info. I only know less than 10 people from hundreds who came out of CBSA. There are hundreds stuck there for more than 6 months now even upto 15 months. What is your nationality? Depending on your nationality further local investigation may be done by local RCMP or CBSA offices. Please update your profile so that we can see your AOR, etc dates and help you more.

Auditor general 2-51 to 2-55

http://www.oag-bvg.gc.ca/internet/english/parl_oag_201111_02_e_35934.html

CBSA conversation in the parliament between Darshan and Tina

https://openparliament.ca/committees/public-safety/42-1/69/?page=4

RCMP in Pakistan

http://www.canadainternational.gc.ca/pakistan/defence-defense/index.aspx?lang=eng
Thanks for all that info!

So what about those hundreds..I mean they have to get a final answer eventually? Technically if there's a lot of applicants without a final answer doesn't that put the authorities liable for a law suit. Not that I know much about law in this case.

This is just horrific. Horror story!

The links that you posted. Can you tell me what their context is

And lastly what are your application details or have you gotten PPR already.
 
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SFKAS

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Jul 27, 2014
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For CSIS the procedure is listed on the first page of the thread. For CBSA, you will need someone to apply for you who is in Canada with a legal status, or you can get it through a commercial third party.
Will CSIS mail the their answer back outside of Canada and if yes how much delay will that add

For CBSA what some of those third party sources? Does CBSA respond like CSIS does in a proper manner as to when they got the request and when they finished it.

Btw in the first page of this thread where you detail the security screening process there is no mention of CBSA. Why so?

PS. Still waiting for your inbox :)
 

strength2

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Thanks for all that info!

So what about those hundreds..I mean they have to get a final answer eventually? Technically if there's a lot of applicants without a final answer doesn't that put the authorities liable for a law suit. Not that I know much about law in this case.

This is just horrific. Horror story!

The links that you posted. Can you tell me what their context is

And lastly what are your application details or have to gotten PPR already.
you can click on on my name (click to expand) and see my details. Also the ss effectees list is in my signature.
Class action lawsuit /individual mandamus is an option but how long it takes and how much money I am not sure. The individual is about $7000 and the result is not guaranteed.
I am not sure what is going to happen to the hundreds. 60+ Iranian MSc and PhD graduates in PR process for more than 2 years (normal processing time was 16 months) and are in security for up to a year now. CSIS completed 6+ months ago in most cases. Similar story for spouse sponsorship both inlands and outlands, etc. I have seen people from Iran, Pakistan, China, Russia, Croatia, Azerbayjan, Gorgia, Ghana, Egypt, Lebenon, Afghanistan, Kosovo, Bangladesh, UAE in security so far.
 

legalfalcon

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Will CSIS mail the their answer back outside of Canada and if yes how much delay will that add

For CBSA what some of those third party sources? Does CBSA respond like CSIS does in a proper manner as to when they got the request and when they finished it.

Btw in the first page of this thread where you detail the security screening process there is no mention of CBSA. Why so?

PS. Still waiting for your inbox :)
CSIS will send you the report by regular mail. They will not mail it outside Canada. You will either need a Canadian address, or you can order it through a third party, like https://www.getgcms.com

This post is specifically for the CSIS as CSIS has the legislative mandate to for the screening. All files have to go through CSIS. However, only when a file is flagged, does it go through CBSA. I am writing an exhaustive post on that too, which I will post soon.
 

SFKAS

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Jul 27, 2014
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CSIS will send you the report by regular mail. They will not mail it outside Canada. You will either need a Canadian address, or you can order it through a third party, like https://www.getgcms.com

This post is specifically for the CSIS as CSIS has the legislative mandate to for the screening. All files have to go through CSIS. However, only when a file is flagged, does it go through CBSA. I am writing an exhaustive post on that too, which I will post soon.
So not every file goes to CBSA?

I don't see an option on https://www.getgcms.com for CSIS or CBSA?
 

legalfalcon

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Sep 21, 2015
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legalfalcon

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Sep 21, 2015
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Montréal, Quebec, Canada
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App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Thanks for all that info!

So what about those hundreds..I mean they have to get a final answer eventually? Technically if there's a lot of applicants without a final answer doesn't that put the authorities liable for a law suit. Not that I know much about law in this case.

This is just horrific. Horror story!

The links that you posted. Can you tell me what their context is

And lastly what are your application details or have you gotten PPR already.
There are only a very few applicants who are under SS, and IRCC would have a legitimate ground for it. I am working with a lot of applicants stuck under SS to see if a class action law suite can be filed, which is very difficult, as the applicants have no legal right under the constitution as most of them are outland. Further, we are analyzing if this can be done based on the country of origin, or other factors. However, so far with the data collected, it is very difficult to show a pattern as many applicants get approval with the stipulated timeframe, who are from the same country, and have the same profile. So what is triggering SS is something beyond that, and national security is a big concern, no country will tamper with it.
 

SFKAS

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Jul 27, 2014
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There are only a very few applicants who are under SS, and IRCC would have a legitimate ground for it. I am working with a lot of applicants stuck under SS to see if a class action law suite can be filed, which is very difficult, as the applicants have no legal right under the constitution as most of them are outland. Further, we are analyzing if this can be done based on the country of origin, or other factors. However, so far with the data collected, it is very difficult to show a pattern as many applicants get approval with the stipulated timeframe, who are from the same country, and have the same profile. So what is triggering SS is something beyond that, and national security is a big concern, no country will tamper with it.
Ah so you say there are only a few? That is even more concerning as that means we are the unlucky ones. But from this forum it seems that are more than a few.

Class action law suite as in writ of mandamus or they are different things?

Sure no country should tamper with it. But the process should be done in a timely manner. The law suite about that, about answering the applicants with in a reasonable time frame rather than it being a bottomless pit.

And again please have a look at my inbox message. Thanks!
 

SFKAS

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Jul 27, 2014
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And just to add for example I have no travel history, no military service, no govt positions, actually not even a single factor in my profile that is usually discussed on this forum as a trigger. Lived in Canada for a decade. No criminal record. Nothing! Nada! I fail to understand.
 

legalfalcon

VIP Member
Sep 21, 2015
19,048
9,916
Montréal, Quebec, Canada
Category........
FSW
Visa Office......
Ottawa
NOC Code......
4112
App. Filed.......
03-09-2015
Doc's Request.
01-10-2015
AOR Received.
03-09-2015
Med's Done....
17-08-2015
Passport Req..
05-04-2016
VISA ISSUED...
12-04-2016
LANDED..........
05-05-2016
Ah so you say there are only a few? That is even more concerning as that means we are the unlucky ones. But from this forum it seems that are more than a few.

Class action law suite as in writ of mandamus or they are different things?

Sure no country should tamper with it. But the process should be done in a timely manner. The law suite about that, about answering the applicants with in a reasonable time frame rather than it being a bottomless pit.

And again please have a look at my inbox message. Thanks!
If you compare the applicants affected by the SS with the number of applications approved every year, the ratio is very small. Also, each case has a different issue, which cannot be generalized.

The writ of mandamus is filed when an established 'legal right' or 'duty' is infringed. As a foreign alien, applicants do not have a legal right to begin with, except the administrative right of fairness, which includes a timely decision. However, timely has not been defined and is based on different circumstances.

Further, the intelligence gathering is a complicated process, which is not even disclosed to the courts. To file a mandamus in the federal court, some law firms have quoted $7000 per case. However, it can go above to.

There is a WhatsApp group which you can join, specifically for the applicants under SS.
 

Flying_Bird

Star Member
Sep 2, 2017
174
17
There are only a very few applicants who are under SS, and IRCC would have a legitimate ground for it. I am working with a lot of applicants stuck under SS to see if a class action law suite can be filed, which is very difficult, as the applicants have no legal right under the constitution as most of them are outland. Further, we are analyzing if this can be done based on the country of origin, or other factors. However, so far with the data collected, it is very difficult to show a pattern as many applicants get approval with the stipulated timeframe, who are from the same country, and have the same profile. So what is triggering SS is something beyond that, and national security is a big concern, no country will tamper with it.
Why can't the just conclude our apps so that we know what to do with our life and career?
 
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Flying_Bird

Star Member
Sep 2, 2017
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you can click on on my name (click to expand) and see my details. Also the ss effectees list is in my signature.
Class action lawsuit /individual mandamus is an option but how long it takes and how much money I am not sure. The individual is about $7000 and the result is not guaranteed.
I am not sure what is going to happen to the hundreds. 60+ Iranian MSc and PhD graduates in PR process for more than 2 years (normal processing time was 16 months) and are in security for up to a year now. CSIS completed 6+ months ago in most cases. Similar story for spouse sponsorship both inlands and outlands, etc. I have seen people from Iran, Pakistan, China, Russia, Croatia, Azerbayjan, Gorgia, Ghana, Egypt, Lebenon, Afghanistan, Kosovo, Bangladesh, UAE in security so far.
So you're saying all apps which were sent back to cbsa were red flagged? Nah.. then someone is not doing their job and these people with sec concerns are still in the country. Such a delayed in taking an action against them is highly questionable.
I agree that a red flag can be the reason the application sent to cbsa and then csis. But if csis report says the individual is a sec concern then they cannot wait so long to take an action. I think cbsa just has so much backlog that cannot finalize the admissibility reports and send it back to ircc. Remember, each refugee staying one more day in the country is a liability and cost to the government. Pr applicati on delays are not that big of deal comparing to the asylum seekers who crossed the border illegally and are coating tax payers.
 
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Mystico_90

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Hello,
Just sharing my timeline and hoping to get some ideas.
CEC Inland
AOR Aug 20
MEP Sep 5; BCG just changed right after MEP and since then it shows, "we are processing your back ground......"

On Sep 26th, I noticed additional doc section changed to "We do not need additional documents." from "Additional docs are being reviewed...."
BCG still shows "We are processing your background check. We will send you a message if we need more information."

Did anyone has similar scenarios? Please share?
 

SFKAS

Hero Member
Jul 27, 2014
591
97
If you compare the applicants affected by the SS with the number of applications approved every year, the ratio is very small. Also, each case has a different issue, which cannot be generalized.

The writ of mandamus is filed when an established 'legal right' or 'duty' is infringed. As a foreign alien, applicants do not have a legal right to begin with, except the administrative right of fairness, which includes a timely decision. However, timely has not been defined and is based on different circumstances.

Further, the intelligence gathering is a complicated process, which is not even disclosed to the courts. To file a mandamus in the federal court, some law firms have quoted $7000 per case. However, it can go above to.

There is a WhatsApp group which you can join, specifically for the applicants under SS.
Wow! The more I learn about security screening the crazier it is.

True, ratio has to be small, technically as CIC says themselves 80% vs 20%.

And absolutely foreign applicants can't have rights as locals do but isn't writ of mandamus like an international/global thing. My head is spinning.

Can you provide the link for that group.

The most important question is how long does this take. And as you've said and I know there is no one answer for this. But the applicants that you might have seen go through it, how long did it take it take for them.

Also is there a difference in time frame of security screening for express entry applicants vs pre express entry applicants/spousal applicants etc