I have been getting questions on what happens in a BGC a lot in the last few months. Even though in my post, “[A]natomy of an application” available on many threads, I do discuss this briefly, but I felt there was a need for a more exhaustive post. This post in no way accurately depicts the procedures adopted by the CSIS, Canada’s premier security agency, as their procedures are highly confidential and will never be made public. However, this post is an amalgamation of the information publically available, and my personal experiences with working for the governments and law enforcement agencies in different countries.
Since this is a long post and each post cannot be over 10000 characters, I am posting the entire post in replies. The post is alphabetically numbered.
So here it goes:
A. What is CSIS and its mandate?
Before we even venture into looking at how CSIS conducts background checks, it is essential to have a brief knowledge of CSIS and what it does. CSIS in its publication has introduced itself with the following statement:
“With the large number of homeland conflicts throughout the world,
preventing the importation of these conflicts into communities
in Canada is of particular concern to all Canadians.”
The mandate of the CSIS concerning security screening of immigrants is laid down in Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act (hereinafter “the IRPA”). Sections 14 and 15 of the CSIS Act authorizes CSIS to provide security assessments for the review of immigration applications to the IRCC. These assessments relate directly to the security inadmissibility criteria contained in the IRPA, with the final decision resting with the Minister of Citizenship and Immigration.
Unlike other intelligence services across the globe, CSIS until early 2000 did not operate on foreign soil and its operations concerned the protection of Canadian national security mainly against internal threats. However, since threats to the security of Canada can come from criminals or terrorists using Canadian soil to perpetrate attacks of terrorist activities, both within Canada and target foreign nations, CSIS was tasked with screening all applicants seeking admission into Canada through IRCC.
CSIS is tasked with conducting security clearance for all applicants in addition the police clearances certificates furnished by the applicants, for all applicants between the ages of 18 and 65 years. The BGC is conducted to detect applicants who are, or have been, involved in espionage, subversion, or terrorism.
The screening of potential immigrants to Canada is a complex process that involves several government departments and agencies such as IRCC, Health Canada, Human Resources Development Canada, and RCMP [Royal Canadian Mounted Police] and CSIS, each of whom has specific responsibilities. A culmination of what these agencies do determines admissibility based on medical, criminality, security etc.
Specifically CSIS, in accordance with section 2 of CSIS Act, that deals with threats to the security of Canada. The IRPA in Division 4, specifically section 34 deals with the inadmissibility based on security, which is assessed by CSIS. Section 34 includes accessing the applicant for the following:
Security
34 (1) A permanent resident or a foreign national is inadmissible on security grounds for
a) engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests;
b) engaging in or instigating the subversion by force of any government
a. engaging in an act of subversion against a democratic government, institution or process as they are understood in Canada;
c) engaging in terrorism;
d) being a danger to the security of Canada;
e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or
f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b), (b.1) or (c).
CSIS does what is known as risk management in the processing of security checks on prospective immigrants, role of CSIS focuses on those applicants who, on the basis of analysis and experience, are most likely to present a security risk. The advice provided by the CSIS assists the IRCC in determining whether prospective immigrants are inadmissible persons under the Immigration Act.
The assessment of CSIS is not binding on IRCC, and IRCC independently reviews the CSIS assessment in the final review before the application is approved.
This is another reason for the delays, and more on this later.
B. When does your application go to CSIS?
Usually, the Security screening is the last step, but for some applicants, this starts early in the process. These applicants are PNP applicants. This is because a province has nominated them through their internal mechanism, thereby in a way giving them eligibility, and the role of IRCC greatly decreases, unlike FSW, CEC and other application where IRCC has to review every detail to ensure that the applicant meets the program requirement. This is another reason why PNP applications usually tend to be processed faster.
More on PNP in another post, which I will post in the next few days.
