Background Check by Visa Office
There are total 9 factors that can cause an applicant inadmissible to Canada during background check.
1. Criminality
2. Organized Criminality (Org Crime in GCMS Note)
3. Security
4. Human and International Rights Violation (HIRV in GCMS Note)
5. Health
6. Financial Reasons
7. Misrepresentation
8. Non-compliance with Act
9. Inadmissible Family Members
Here I explained only about the misrepresentation related background checks which is one of the major background verification faced by many FSWP applicants. I am using the word “Verification” here to relate the Background Check. CHC do verification not only for skeptical applications but also to the randomly selected applications.
Misrepresentation
An officer who suspects that an applicant may be inadmissible for misrepresentation should carefully document the reasons for the concern in their notes. The officer then forward doubtful cases to Economic Class Unit where it undergo different verification processes as mentioned below to find out fraudulent documents. Misrepresented cases are rejected under IRPA Section A40 Act. The reason behind the delay of processing of some applications can be directly attached with the involvement of Economic Class Unit.
Type of Verifications
A. Site Visit (Physical Verification)
B. Telephonic
C. Interviews
D. Supporting Documents Request
A. Site Visit (Physical Verification)
Site visit is found to be one of the important means to tackle frauds. Visa offices do site visit for the current employer and previous employers (In case of claiming points based on skill O, A or B) of the primary applicant. The visa officer verify applicant's identity from the person who issued the referral letter, HR Manager, Colleagues, Receptionist and why not even from the security person. Last year FSWP seen visits in Punjab, Gujarat, Delhi, Karnataka, Andrapradesh, Tamil Nadu, Kerala etc.
B. Telephonic
1. Employer
The visa officer can ring to the number given in the reference letter. It can be to the reception or to the person who issued you the reference letter. Officer will ask primary applicant's employment related queries to employer. The visa officer may treat application as misrepresentation if they find any mismatch between the answers given by the employer in comparison to that given in the reference letter.
2. Primary Applicant
Visa officer can call directly to your mobile or land line number to verify your employment, family relation etc. Most of the questions here similar to that in the interview.
C. Interview
The visa officer can call the applicant for interview if he/she is not satisfied with the documents submitted to CIO or not satisfied with site visit/telephonic interview. The officer uses interview to raise all the concerns relating to employment, family etc. Usually the visa officer disclose the applicant about his/her interview result just after the interview. In case of positive outcome the applicant can get Medical/PPR in few days time.
D. Supporting Documents Request
The visa officer contact the person in writing about the supporting or additional documents the officer required for further processing of the application. VO will give at least 30 days from the time of receipt of the officer's notice to respond. Commonly asked supporting documents are 6 months bank statement showing the PoF, relationship proof (marriage photos), employment related documents (3 months salary slip, offer letter, appointment letter, tax related docs, renewed referral letter) etc.
Few Examples from Last Year Applicants
A. Site Visit
Example 1 (Random Verification)
I have an very important info to be shared to all of the members. We are from Chennai. Members from NDVO came to my husband's office (who is the main applicant) for personal visit and had spoke to his boss who was the reference person and also one on one with my husband for about half an hour. 2 were foreigner guys and 1 indian girl. They came around 8:30 pm last night. They just walked inside the office. They wanted security and front office to identify my husband whether he was working over there and then asked for his boss. When they introduced themselves to his boss and the reason for their visit they had mentioned that it was just a part of the process and this time they have chosen 30 members and out of which my husband is one among them.
In fact this was also very shocking for us. They introduced themselves with their names and they had all our immigration related file details like the cat we applied, ref person name and number and also the consultancy details. our consultant is an ICCRC-CRCIC members based out in vancouver and they have branches in India.
Just keeping fingers crossed and hoping for the best...Rest left to God!!!
Example 2 (Targeted Verification)
I am in a very tricky situation got medical request ppr and rprf on .......
as my bad luck stuck me in a situation where I got a background check yesterday that went terribly wrong as i was on leave for 2- 3 months new staff and messed up all guys help CHC people left with the impression that I presented wrong employment information guys please help this is the only hope I dont know now whether to submit medicals and pp.
i am too numb to do anything i was thinking to leave this job for sometime and my employer knew it all there were some issues in the family as well so I totally overlooked and may be too ignorant once i received meds I was so relaxed it did not strike me that anything like this could happen my noc ....... and VO new delhi it seems to me that game over for me as they made to write my employer that she has done a favour by giving me the work experience letter they enquired like CBI OR FBI and literaally put words in my employers mouth and new assistant finished all for me GUYS.
B. Telephonic Verification
Example 3
My HR informed yesterday there was a call from someone 4-5 days back asking them to transfer the phone to me as they wanted to speak with me. Unfortunately I was out of office then so the HR informed them about the same. My HR had asked them repeatedly who they were and what their contact details were but they hadn't obliged and said they would call back again. Just, as a pre-cursor, they have called the receptionist, asked for me and she wasn't aware who i was, so she just transferred the call to the HR. No call again so far. Things looking bleak folks. Tensed!!! Really Tensed!!! Have my medicals tomorrow. This has to be from NDVO as nobody , not even my friends are aware of my plans.
C. Interview
Example 4 (Negative)
you are all very kind. here is a bit of history
I work in ............... in corporate planning and budget section. our daily activity is nothing crunching numbers and developing forecasts.
the VO was somewhat pre determined not to get me through, he did not ask for any documentation and when I highlighted he unwillingly took in my JD. the questioning started with bit of my history, I am a qualified CPA, ACMA, LFA and a masters in strategic management.
he asked me what I do, I explained a bit of my current role. my information was bit technical as well because it relates to oil and my previous role for automotive sector.
anyways at near end of the interview he said "we had a concern about your application as not in line with NOC ......... and I am not satisfied with your responses" I responded in asking which area can I explain further, he said " your answers are broad" I replied I am only answering your broad level question do you have any specific questions to ask for example you asked about capital management, do you want me to explain about individual perspective a corporate perspective or any product portfolio do you have in mind where I can be more specific. De had nothing to say.
he was typing everything I was saying, I asked him if you can read through what you have written !!! he had a good typing speed but when he started reading I felt the writing was very fragmented and not making any sense......I did make sense!!!!
well our interview last for more than one hour and 10 minutes!! I kept explaining and he kept writing...
at the very end may be because he did not want to give a bad feeling he said we will review and get back to you. at that moment he threw away my paper under his desk like rubbish. I said these are originals if he be kind enough to return and take photocopies instead...which he agreed !!!
so this is the unbiased version of the story. what I feel strongly is that we were not able to connect or may be I was too focused on explaining what I knew rather than what he wanted to listen....!!
I think the decision is final at his end, it was more or less the same case at the start of the interview ............. but this is all very confusing why did CIC accepted my application and why I was sent a confirmation letter. then all of a sudden an interview which was of the generic requirement as was sent o you all.....
I will request for a judicial review of the application and the scenario !!
let me know your thoughts !!
Example 5 (Positive)
Well, about my interview experience
It was just a pleasant discussion. the man appeared to be just awesome, we made good contact during the interview and that is very important, I kept smiling and cool and answer promptly. I was prepared to discuss many points which I prepared BUT i couldn't get the chance to speak about it, so, if you are doing the same mistake by trying to make list of points to talk about FORGET ABOUT IT. it was bad idea.
All what you need to do is:
1. Prepare the files by your self
2. Make two files, primary and supportive
3. KNOW EVERYTHING ABOUT YOUR PAPERS
4. Bring anything you think that it would help
5. Stay cool and make personal contact and for sure always make an eye contact.
6. Put your hands on the top of each others on the table so that the man can see and judge your body language.
7. Bring samples of your work, it would help
8. The files with protected transparent plastic sheets is very good idea, arrange the documents in the order they requested in the interview letter
So, all my time went into JD discussion in general and paper check and questions to make sure that I am genuine applicant nothing more, although it went for around an hour because I have 4 employment experience.
As many said here, if you are the one who prepared the file and you are genuine in terms of you made the duties in your reference letters and for sure that JDs does match the NOC details then the interview will be such pleasant one.
Congrats to my colleagues who cleared it and best of wishes for the guys to clear it ISA soon.
D. Supporting Documents Request
Example 6
Hey guys I did my medicals on ........ and submitted my ppt,fees ,required documents n marrage pics on ........ consultant got call from embassy to send the marriage pics again which reached on .............since than no information and no decision made...
FAQs
1.How many years of inadmissibility to Canada in-case the misrepresentation gets caught?
5 years ban and inadmissibility for the primary applicant and dependents for any kind of Canada visa(Previous 2 years has been revised to 5 years in the year 2013)
2.How many days it takes for my file to come out of the Economic Class Unit?
It can takes many months. However, based on the current immigration system we can expect the time require for this may not be longer than 4-5 months.
3.I have my sister in Canada but I am self sufficient with my own points and don't want to claim points under adaptability. Can I hide the relative details from CIC and tick the column corresponding to No relatives at the time I fill the FSW form?
No, if you hide the details you are making direct misrepresentation to CIC. Claiming adaptability points is your wish but should not hide the fact from CIC.
4.My site visit/telephonic interview went well. Still I haven't received any positive notification from VO after 2-3 months of waiting. Do I have to be panic?
You do not have to be panic if it takes more time to hear from VO about your application after the background check. Usually your file moves from one BF'd to the next BF'd. After your background verification CHC mark the next BF'd to give you medical/PPR or additional document request. It can be many months depending upon the complexity of your visa and visa officer.
5.Can the visa officer visit my previous employer if I am not claiming points from them?
There is very negligible chance CHC do verification for previous employer if you are not claiming points with that experience.
6.Are the files at VO moving first come first served basis same like in CIC?
Partially. Usually the files follow FIFO at CHC. But here are two cases which can hinder the cases of application.
1. If the application is forwarded for background assessment it divert from the FIFO queue.
2. Minister has the sole power to fast track processing of some NOCs or applications based of the changing labour market. Ministerial instructions also enabled CHCs to prioritize processing of applications such that people who applied to the skilled worker program after 2010 can expect their applications to be processed faster than those who applied before.
7.Can the visa officer reject my file directly without giving me a chance to explain my part?
No. Visa officer can not reject your file without informing you about the reason of rejection by writing or through interview. You will get a chance to explain your part at this time.
8.Can the permanent residency or the citizenship be revoked in-case the misrepresentation is found out in the future?
Yes.
