GCMS shows 'Security Screening' and waiting... - let's gather here!

[battylife]

Dear @legalfalcon,

I received another copy of my CBSA notes today. It says AD17898 sent me to security screening on May 10. Summary of Exemptions lists 19(1)(a), 21 and 22(1)(b) of the Privacy Act. There is only one sub-activity and no redacted pages - it says "Received by CBSA" and updated by EAISTS 3 minutes after initiation. AD17898 searched the CBSA database about me on May 17.

Is it possible for CSIS to still be involved? It has been a month and my CSIS notes have not arrived.

Thank you!

Update: Turns out CSIS is investigating me as well I plan to file for mandamus early next year, when the application is a year old and the screening eight months old

 

[Raptor33]

Update: Turns out CSIS is investigating me as well I plan to file for mandamus early next year, when the application is a year old and the screening eight months old

I understand that you are frustrated with the situation, and I can see why you would want to file for mandamus. However, it is important to note that mandamus is a very powerful tool, and it should only be used in cases where there is a clear and egregious violation of the law.

In your case, it is not clear that CSIS is violating the law by investigating you. CSIS has a broad mandate to investigate threats to national security, and it is not uncommon for them to investigate people who are applying for immigration to Canada.

If you do decide to file for mandamus, it is important to consult with an immigration lawyer. An immigration lawyer can help you to understand the law and to prepare your case.

Here are some additional things to keep in mind:

• Mandamus is a discretionary remedy. This means that the court is not required to grant a mandamus, even if there is a clear violation of the law.
• Mandamus is a relatively complex legal process. It is important to have an experienced immigration lawyer to help you navigate the process.
• Mandamus is a time-consuming process. It can take months or even years for a mandamus case to be resolved.

If you are considering filing for mandamus, it is important to weigh the risks and benefits carefully. A mandamus case can be expensive and time-consuming, and there is no guarantee that you will be successful. However, if you believe that your rights have been violated, a mandamus case may be the only way to get justice.

 

[battylife]

Question: Is there a mechanism for me to wait and work in Canada on an open ended permit while waiting for SS to clear? I am currently outside of Canada. To me, the whole point of applying for EE is to avoid having to apply for an LMIA and a closed ended work permit.

 

[Raptor33]

Question: Is there a mechanism for me to wait and work in Canada on an open ended permit while waiting for SS to clear? I am currently outside of Canada. To me, the whole point of applying for EE is to avoid having to apply for an LMIA and a closed ended work permit.

Yes, there is a mechanism for you to wait and work in Canada on an open-ended permit while waiting for your permanent residency application to be processed. This mechanism is called the Open Work Permit (OWP).

An OWP is a temporary work permit that allows you to work in Canada for an unlimited period of time. You can apply for an OWP if you have a valid Express Entry profile and have received an Invitation to Apply (ITA) from Immigration, Refugees and Citizenship Canada (IRCC).

To be eligible for an OWP, you must meet the following requirements:

• You must have a valid Express Entry profile.
• You must have received an ITA from IRCC.
• You must be able to demonstrate that you have sufficient funds to support yourself and your dependents while you are in Canada.
• You must not have any criminal convictions.

Once you have been approved for an OWP, you will be able to work in Canada for any employer, in any occupation. You will also be able to change jobs and employers without having to apply for a new work permit.

The OWP is a valuable tool for people who are waiting for their permanent residency application to be processed. It allows you to live and work in Canada while your application is being processed, and it gives you the flexibility to change jobs and employers if necessary.

Here are the steps on how to apply for an OWP:

1. Create an Express Entry profile.
2. Complete the OWP application form.
3. Pay the application fee.
4. Submit your application to IRCC.

Once you have submitted your application, IRCC will process it and will notify you of their decision.

I hope this helps!

 

[qdee]

Question: Is there a mechanism for me to wait and work in Canada on an open ended permit while waiting for SS to clear? I am currently outside of Canada. To me, the whole point of applying for EE is to avoid having to apply for an LMIA and a closed ended work permit.

Raptor33 is probably someone using ChatGPT to generate answers, so don't take it too seriously.

If you don't already have some sort of visa/permit and need to file a new application, they can easily find out about your security screening situation through your UCI, and your SS is still going to bottleneck your application, so I doubt there's anyway out of this.

 

[Raptor33]

Raptor33 is probably someone using ChatGPT to generate answers, so don't take it too seriously.

If you don't already have some sort of visa/permit and need to file a new application, they can easily find out about your security screening situation through your UCI, and your SS is still going to bottleneck your application, so I doubt there's anyway out of this.

I understand. I appreciate your feedback.

I agree that it is unlikely that there is a way to avoid the security screening process. If you are applying for a visa or permit to Canada, your security screening will be checked regardless of whether you have a previous visa or permit.

The security screening process is designed to protect Canada's security, and it is important that all applicants go through this process.

I hope this helps!

 

[markcm]

The BGC will change twice. First when your criminality is in progress, which is fairly early in the application, and then will go back to not applicable. It will then again change to in progress, after eligibility has been passed and when security screening is in progress. This is usually at the end of the application processing.

If your application BGC has seen a change twice, then your application is nearing an end.

Hi! What if the BGC says 'completed' on the tracker? What could be the hold-up in getting PPR then? All other fields- Eligibility, Medicals, and Biometrics completed on the tracker as well.

 

[Raptor33]

Hi! What if the BGC says 'completed' on the tracker? What could be the hold-up in getting PPR then? All other fields- Eligibility, Medicals, and Biometrics completed on the tracker as well.

If your BGC (Background Check & Security Screening) status says "Completed" on the tracker, it means that the background check and security screening have been completed and that your application is now ready for final processing.

There are a few possible reasons why you may not have received your PPR (Permanent Resident Visa) yet, even though your BGC status is "Completed".

• Your application may be under further review. This could be due to a number of reasons, such as a discrepancy in your application or a security concern.
• There may be a backlog in processing. The IRCC (Immigration, Refugees and Citizenship Canada) is currently experiencing a backlog in processing applications, so it may take some time for your application to be processed.
• There may be a delay in mailing your PPR. Once your application is approved, it takes some time for the IRCC to mail your PPR.

I hope this information is helpful.

 

[legalfalcon]

Hi! What if the BGC says 'completed' on the tracker? What could be the hold-up in getting PPR then? All other fields- Eligibility, Medicals, and Biometrics completed on the tracker as well.

The BGC is comprised of criminality and security. The BGC will go in progress twice, first when your criminality is in progress, this is early in the application processing.

When the criminality is done the BGC will then go back to not applicable, and then later in the processing will go back in progress, and this is when the security is in progress.

Only after both, criminality and security are done, the BGC is conclusively passed.

 

[Raptor33]

The BGC is comprised of criminality and security. The BGC will go in progress twice, first when your criminality is in progress, this is early in the application processing.

When the criminality is done the BGC will then go back to not applicable, and then later in the processing will go back in progress, and this is when the security is in progress.

Only after both, criminality and security are done, the BGC is conclusively passed.

Yes, you are correct. The BGC (Background Check & Security Screening) is comprised of two parts:

• Criminality Check: This is a check of your criminal history. It is done to ensure that you have not been convicted of any crimes that would make you inadmissible to Canada.
• Security Screening: This is a check of your security status. It is done to ensure that you are not a security threat to Canada.

The BGC status will change twice during the application process. The first change will occur when the criminality check is in progress. This is usually early in the application process. The status will then change to "Not Applicable" once the criminality check has been completed.

The second change will occur when the security screening is in progress. This is usually towards the end of the application process. The status will then change to "Completed" once the security screening has been completed.

Only after both, the criminality and security checks are done, the BGC is conclusively passed.

I hope this information is helpful.

 

[guardian007]

Hi received my CBSA notes, It has following details
in summary of exemptions: ( Is this common for everyone? )

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

Thanks

 

[Raptor33]

Hi received my CBSA notes, It has following details
in summary of exemptions: ( Is this common for everyone? )

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

Thanks

Yes, it is common for everyone to have some exemptions in their CBSA notes. These exemptions are there to protect sensitive information that could be harmful if it were released to the public.

The exemptions that you listed are all related to protecting sensitive information.

• 13(1)(a) Obtained in confidence from a government of a foreign state This exemption protects information that was obtained in confidence from a foreign government. This information could be harmful if it were released to the public, as it could reveal sensitive information about the foreign government or its operations.
• 15(1) Prevention of subversive activities This exemption protects information that is related to the prevention of subversive activities. Subversive activities are those that are intended to overthrow or undermine the government of Canada. This exemption protects information that could be used by subversive groups to plan or carry out their activities.
• 16(1)(c) Injurious to the enforcement of any law of Canada or a province or the conduct of lawful investigations This exemption protects information that could be harmful to the enforcement of the law or the conduct of lawful investigations. This information could include information about ongoing investigations, the identities of informants, or the methods used by law enforcement to gather evidence.
• 19(1) Personal information of another individual This exemption protects personal information about another individual. This information could be harmful if it were released to the public, as it could reveal sensitive information about the individual's private life.

It is important to note that these are just a few of the exemptions that can be found in CBSA notes. There are many other exemptions that are used to protect sensitive information.

 

[guardian007]

Yes, it is common for everyone to have some exemptions in their CBSA notes. These exemptions are there to protect sensitive information that could be harmful if it were released to the public.

The exemptions that you listed are all related to protecting sensitive information.

• 13(1)(a) Obtained in confidence from a government of a foreign state This exemption protects information that was obtained in confidence from a foreign government. This information could be harmful if it were released to the public, as it could reveal sensitive information about the foreign government or its operations.
• 15(1) Prevention of subversive activities This exemption protects information that is related to the prevention of subversive activities. Subversive activities are those that are intended to overthrow or undermine the government of Canada. This exemption protects information that could be used by subversive groups to plan or carry out their activities.
• 16(1)(c) Injurious to the enforcement of any law of Canada or a province or the conduct of lawful investigations This exemption protects information that could be harmful to the enforcement of the law or the conduct of lawful investigations. This information could include information about ongoing investigations, the identities of informants, or the methods used by law enforcement to gather evidence.
• 19(1) Personal information of another individual This exemption protects personal information about another individual. This information could be harmful if it were released to the public, as it could reveal sensitive information about the individual's private life.

It is important to note that these are just a few of the exemptions that can be found in CBSA notes. There are many other exemptions that are used to protect sensitive information.

Thank you for your response.
My status is in progress by CBSA since Feb 2023, No update in the notes. Is it normal to wait for 6 - 8months for security ?

 

[Raptor33]

Thank you for your response.
My status is in progress by CBSA since Feb 2023, No update in the notes. Is it normal to wait for 6 - 8months for security ?

It is possible to wait for 6-8 months for security clearance. The processing time for security clearance can vary depending on a number of factors, including the complexity of your case and the resources available to the CBSA.

Here are some of the factors that can affect the processing time for security clearance:

• The complexity of your case: If your case is complex, it may take longer to process. This could be due to a number of factors, such as the number of countries you have visited, the length of time you have lived in other countries, or your employment history.
• The resources available to the CBSA: The CBSA has a limited number of resources available to process security clearances. This means that the processing time may be longer if the CBSA is experiencing a high volume of applications.
• The current security climate: The current security climate can also affect the processing time for security clearance. If there is a heightened security risk, the CBSA may take longer to process applications.

I hope this information is helpful.

 

[battylife]

Has anyone tried to have an MP contact CSIS and CBSA (the NSSD division in particular) instead of IRCC? I have an MP who is interested but does not know how.