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

[blueivory]

Is background and eligibility checks done for minor dependants accompanying under 18 years?

 

[blueivory]

Is it a problem to be silent on a job one had in Canada while having a second job, as long as there is no gap in work history?

 

[arbu45]

Keep me posted on when you hear back. Seem like the response to the July 12 was generic one.

@legalfalcon Hello, got response from IRCC, it was generic one as they said my file is London Visa Office and the cannot tell about the updates. Further, will it be useful to call IRCC or their reply would be same as well?

 

[legalfalcon]

@legalfalcon Hello, got response from IRCC, it was generic one as they said my file is London Visa Office and the cannot tell about the updates. Further, will it be useful to call IRCC or their reply would be same as well?

You can call. The reply need not be the same.

 

[MJ Mumbai]

@legalfalcon
I am in a confusing situation now...
My AOR is 2nd Oct - FSW - O
Now there is a FIR filed against a car accident happened 2 months back - in Aug - before AOR and application submission. I was not aware of the FIR till now.
Now there will be case filing and court proceeding. Even to do out of court settlement and dispose the case, it will take atleast 2-3 month's time.
Do i have to inform any agency / authorities about these happenings ?
How will this impact my PR and checks?
PCC was clear as it was from Sept 20.
Please guide as I am freaking out about the case as well as PR application.

 

[legalfalcon]

@legalfalcon
I am in a confusing situation now...
My AOR is 2nd Oct - FSW - O
Now there is a FIR filed against a car accident happened 2 months back - in Aug - before AOR and application submission. I was not aware of the FIR till now.
Now there will be case filing and court proceeding. Even to do out of court settlement and dispose the case, it will take atleast 2-3 month's time.
Do i have to inform any agency / authorities about these happenings ?
How will this impact my PR and checks?
PCC was clear as it was from Sept 20.
Please guide as I am freaking out about the case as well as PR application.

If yous PCC is clear, you do not have to inform any one. Only if you are convicted of a serious criminal case, which includes vehicular homicide, only then you have to inform IRCC.

See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/tran.html

 

[MJ Mumbai]

If yous PCC is clear, you do not have to inform any one. Only if you are convicted of a serious criminal case, which includes vehicular homicide, only then you have to inform IRCC.

See https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/standard-requirements/tran.html

Thanks @legalfalcon
It is not vehicular homicide. It is under Indian criminal law for rash/ negligent driving and serious injury to someone because of it.
My PCC is from one state and this has happened and been registered in another state - where I work. Does that help me ?
Also does IRCC have any 'No fly" list of people ? does that include my situation where there may be an ongoing case as it will take sometime to either settle the case or get a decision? I am asking this considering even if PR is approved can it coz a problem during PPR/ COPR?

 

[legalfalcon]

Thanks @legalfalcon
It is not vehicular homicide. It is under Indian criminal law for rash/ negligent driving and serious injury to someone because of it.
My PCC is from one state and this has happened and been registered in another state - where I work. Does that help me ?
Also does IRCC have any 'No fly" list of people ? does that include my situation where there may be an ongoing case as it will take sometime to either settle the case or get a decision? I am asking this considering even if PR is approved can it coz a problem during PPR/ COPR?

If someone is charged with a crime, irrespective of which country it is in, IRCC does not go by the criminal laws of that country. Only if the offence for which you have been convicted, falls under the category of serious criminality under the Canadian criminal code, only then the person is inadmissible on the ground of inadmissibility.

See https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

The info on no fly list is available at https://www.publicsafety.gc.ca/cnt/ntnl-scrt/cntr-trrrsm/pssngr-prtct/index-en.aspx

In the COPR you will have to answer if you have been charged / convicted of a crime or offence in any country.

It will depend on the charge and whether you have been convicted. Charge and conviction are two separate legal processes.

 

[MJ Mumbai]

If someone is charged with a crime, irrespective of which country it is in, IRCC does not go by the criminal laws of that country. Only if the offence for which you have been convicted, falls under the category of serious criminality under the Canadian criminal code, only then the person is inadmissible on the ground of inadmissibility.

See https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html

The info on no fly list is available at https://www.publicsafety.gc.ca/cnt/ntnl-scrt/cntr-trrrsm/pssngr-prtct/index-en.aspx

In the COPR you will have to answer if you have been charged / convicted of a crime or offence in any country.

It will depend on the charge and whether you have been convicted. Charge and conviction are two separate legal processes.

thanks @legalfalcon
Lot of insight from your replies.
Just to know can a person from India having ongoing criminal case fly to Canada on TRV or PR ? What if his or her partner is in Canada ?

 

[singhaj]

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:

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“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:

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Security​

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34 (1) A permanent resident or a foreign national is inadmissible on security grounds for​

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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.

hi @legalfalcon just looking for thread where you have posted "More on PNP in another post, which I will post in the next few days."

 

[legalfalcon]

hi @legalfalcon just looking for thread where you have posted "More on PNP in another post, which I will post in the next few days."

I did post on PNP, but since then the PNP processing has been streamlined with what FSW and CEC processing is. Earlier PNP processing would see security initiated before eligibility would have been passed.

To read on PNP see https://bit.ly/2JgBw5Q

 

[legalfalcon]

thanks @legalfalcon
Lot of insight from your replies.
Just to know can a person from India having ongoing criminal case fly to Canada on TRV or PR ? What if his or her partner is in Canada ?

It will depend on the nature of the criminal case and at what stage it is. In your TRV application you will have to disclose all criminal charges you have have.

 

[arbu45]

@legalfalcon I am an Electronics Engineer with my masters in Project management. I have never worked in sensitive areas like pure military, nor i am trained in explosives, nuclear technology, intelligence etc. My organization is civilian government engineering organization. But i guess they have put me in enhanced security. When do you think i should order my CBSA notes? I will use your services now, previously my friend ordered for me. My security started on 1st April 2020. My AOR is 20th Oct. And i got ADRs on 11 March 2020. 1) Schedule-A ... (2) CV (3) Grad Kit (4) Travel History Form.
My info sharing is complete in GCMS. I have never traveled abroad in my life. Please guide when i should order CBSA and your speculations about my case please?

Hello Areeb, Did you receive your CBSA notes?

 

[Syed Areeb]

Hello Areeb, Did you receive your CBSA notes?

Brother it was nothing in CBSA, though in September I got remedical request and after that Ottawa is again sleeping.
My medicals are passed now 27 September 2020. Again I have paid for medical now.
@legalfalcon remedical means my security screening is clear now?

 

[legalfalcon]

Brother it was nothing in CBSA, though in September I got remedical request and after that Ottawa is again sleeping.
My medicals are passed now 27 September 2020. Again I have paid for medical now.
@legalfalcon remedical means my security screening is clear now?

Usually remed request is sent during final review, right before the PPR is sent. To know the exact status of your application send a webform or call IRCC.