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

[legalfalcon]

Hi Legalfalcon,

I hope this message finds you well.
I have a couple of questions regarding my security screening. I would appreciate if you could give me your feedback.

First a brief summary of my case.
I am a PNP inland, AOR 12 October 2016, Medicals, Criminality and Eligibility already passed, CSIS security screening started on 24 January 2017, finished and advice sent on 24 April 2017 according the CSIS letter I received after faxed them for an update about my case.
My provincial government (NL) informed me that there is another security screening conducted by CBSA. I don't know whether CBSA started their screening on 24 January (on the same day together with CSIS) or on 24 April (after CSIS advice sent to IRCC and CBSA).

Now my questions:
1) What is the role of CBSA in the security screening process? In your analysis you explain the role of CSIS in security screening process but there is no info regarding the role of CBSA in it. However, there is information about the involvement of CBSA in the security screening process. Also my provincial government told me that the reason of delays in security screening process is CBSA.

Off the bat the difference lies in who has the legislative mandate to conduct a background check (the BGC and the security screening, since they have not been defined neither in the IRPA or any other law, they are often used as synonyms). This means that CSIS has a legal obligation to conduct security assessments for immigration applicants. Sections 14 and 15 of the CSIS Act authorizes CSIS to provide security assessments for the review of immigration applications to the IRCC.

Advice to Ministers
14 The Service may

(a) advise any minister of the Crown on matters relating to the security of Canada, or

(b) provide any minister of the Crown with information relating to security matters or criminal activities,

that is relevant to the exercise of any power or the performance of any duty or function by that Minister under the Citizenship Act and the Immigration and Refugee Protection Act.​

Investigations
15 (1) The Service may conduct such investigations as are required for the purpose of providing security assessments pursuant to section 13 or advice pursuant to section 14.

Marginal note:No territorial limit
(2) For greater certainty, the Service may conduct the investigations referred to in subsection (1) within or outside Canada.
​

However, no such express legislative mandate is seen in the CBSA Act, except that CBSA as an agency is authorized to endorse the mandate of many acts, including IRPA. So CBSA is responsible to secure the borders, grant entry of aliens and citizens into Canada at the port of entry, regulate customs, fight narcotics etc.

The CBSA is responsible for ensuring that there are no security concerns related to the individual seeking entry to Canada (e.g., counter-terrorism, counter-espionage, war crimes, crimes against humanity and organized crime) and, based on a thorough screening exercise (including the review of information and intelligence from a wide variety of internal and external sources), makes a recommendation to IRCC on the admissibility of the individual. This program is also responsible for determining the admissibility of senior diplomats being posted to Ottawa to ensure that they meet the admissibility requirements of the Immigration and Refugee Protection Act (IRPA).

Most of the above, is done at the post of entry when a person presents itself for entering into Canada and CBSA will conduct interviews and ensure that the person is not a threat. However, the scenario changes for an PR application, where the person has filed an application to become a Permanent Resident, but not physically presented to enter Canada. While CSIS will conduct examinations on all files as mandated, CBSA will look into only specific files which are referred to them by IRCC. (Please remember that CBSA and CSIS inly give recommendations and IRCC is the final authority to act on the advice).

CBSA on certain issues has a final say, one of them is inadmissibility based on criminality and fraud detection. An applicant who has been convicted of a crime in a foreign country, for which the sentence is more than 10 years as per the criminal code in Canada is inadmissible. Since different countries have different criminal laws and crimes, CBSA is the final authority on deciding if that conviction meets the Criminal code definition. Similarly, CBSA is also an expert agency which deals in fraud detection, as they see many documents each day and are experts at figuring out fake ones. They also work in close proximity with RCMP and 9 other federal agencies.

In the lack of a clear legislative mandate, and any specific protocols, except an agreement between IRCC and CBSA is the reason why I have not dealt with it. I am trying to get a copy of the agreement, which will help me understand this specific issue, but in the absence of it, I would not write anything based on speculation and guess work.

Further, most people who are stuck in SS with CBSA have a pattern, as majority of them are from specific countries. You can conduct a poll on the forum as see some counties have the most number of applicants get stuck in SS. I would refrain from naming any specific countries, as I do not have exact names and to be politically correct.


2) If CBSA is involved in security screening process, do you think they start their screening at the same time with CSIS, or do they start after CSIS' advice (answer).

See above. Only after the assessment from CSIS, does the files go to CBSA. This can also be corroborated from the personal records applicants have obtained from CSIS and CBSA. Now it could be a pattern that CSIS recommends some files going to CBSA too, and they are automatically refereed to CBSA after a flag from CSIS. Since neither of this information is disclosed, or ever will, we can only make speculation.


3) How long do you think it will take till I get PPR? Soon I will have completed my 11th month and will be in my 12th month after AOR.

I would refrain from giving you any wrong estimation. However, since you have crossed 11 months, I don't feel that it will take longer than another 1-2 months. I have worked with some applicants who were put into SS just because they had a small issue such as their pervious employer being investigated for white collar crime in a foreign country, for an offence which happened after the applicant had resigned from the company. It took him 1.5 years to get the PPR. For others, the CBSA finished its work in 3 months and they got the PPR within 1 year. So its all over the place and all I can say is that it is a matter of time.

There is a lot of wrong advise and incorrect information floating on the forum where people claim to be experts at the law and other stuff. I don't want to add to that chatter. All my posts are well research and I get an edge with my legal training in three countries, being a lawyer for almost a decade and having worked closely with governments in two different countries and dealing with intelligence, I have written this. Wherever I find that I am incorrect, I will be the first one to come forward and acknowledge it.

I truly appreciate if you could be able to find some time and answer my questions as soon as possible.
Thanks in advance.
Best regards,

Matt

Hi Matt,

Happy to help and explain with the best of my abilities. See my responses in red to your questions.

I hope this helps!

 

[legalfalcon]

Can working in Canada illegally in the past and re entering (immigrating) back to Canada by using fake diplomas, information, resumes and work experience cause an inadmissiblity? I've already sent an email to the CIC but I don't know what else to do to report these people

Absolutely!

 

[Mz123]

Hi @legalfalcon i need your opinion regarding my queries .would be v grateful to you if u reply
Im a 4th feb pnp inland with one dependant (spouse) we both are pakistani my medical passed in aprl and i also got ADR in aprl ( ielts report) before that my bg was ip1 then after medical passed and ADR it went to NA then on 27th july it went to ip2 when they started working on feb pnp inlands then all others got their PPR but not me then i called cic many times agent said everything is done your eligibility is also met acording to officer and they have sent request to RCMP and security agencies just waiting for their response and they said they cant do anything as they are already working on ur file we sent request when they are not working for many months and if u order gcms notes this wil gonna delay ur file as they wil frst respond your query so we didnt order yet every agent tell me the same story then i mail ottawa my VO and got reply that my file is under additional verification...
m v worried because i have seen many cases waiting for years and i dont want to as i am married since march 2015 since then living apart
I have applied for bowp in may which got rejected in june because i didnt submit the nomination certificate then again i applied in june and still didnt get bowp as i want this then i wil aply for work visa so that i can go to my home country .. do u have any idea that can i get my bowp from border before they approved it or sit back and wait for it .my current work permit is already expired so i cannot travel
Last thing .. my two brothers are in canada one have PR when he applied for his PR ( family class sponsorship , paper based) he was also stuck in ss and got PR in almost 4 years but he has a travel hstry to afghanistan then my second brother applied in same category he is also stuck in ss and he has completed his 2 years and still havent get ppr
I jst have one travel history to US ( visited there for 1 wek ) and 1 for saudia (1 week ) and i submitted PCC for pakistan and RCMP for canada . my spouse also has just one travel history to saudia ( 1 week )
What do you think how long my securityscreening will take?my medical wil expire in December.. is this ss or not ? And what should i do for my bowp ?
Desperately waiting for your reply

 

[ElmTree]

C. How is the security screening done?

Security screening is all about collecting as much data about the applicant and analyzing it. To make this easy to understand I am dividing the answer to this question in two parts, collecting data and analysis.

a) Collecting data

CSIS collects data about an applicant through its own databases, the shared databases from countries that have partnered with Canada, international agencies, and by requesting information from foreign countries.

CSIS maintains and regularly updates its databases with information from coming in across the world. This includes data on the names of individuals involved in illegal activities, terrorist activities, political activities etc. This database is further fueled by agencies such as INTERPOL, which releases information shared by member countries and accessible by other member countries. To provide you with an example, a criminal incident (including white collar crime and financial fraud) involving foreign nationals, which happened in a country in Europe is under investigation. To arrest these individuals, the European country will release information to INTERPOL, which will be shared to all member nations. CSIS, based on this released information, will gather more information and update its databases, even though the suspects are not in Canada. This is how the database keeps growing.

After the attacks of 9/11, US and Canada to deal with terrorism had many high level meetings and now they share data. The US authorities have access to Canadian database and vise versa. Similarly, Canada partnered with UK, New Zealand, and Australia, which it calls partner nations, and these partners share date, including criminal records, with each other. This is a very complicated process, as if there is a lead picked up by the security agency in Australia, the names and identities of the suspects is immediately released to Canada and other partners. Canada does the same. This is how the database is growing rapidly every minute.

Finally, when CSIS has concerns with a specific applicant, based on his travel history, or his connections, political involvement, etc. they can seek information from foreign government under Section 16 of the CSIS Act.​

Collection of information concerning foreign states and persons

16 (1) Subject to this section, the Service may, in relation to the defence of Canada or the conduct of the international affairs of Canada, assist the Minister of National Defence or the Minister of Foreign Affairs, within Canada, in the collection of information or intelligence relating to the capabilities, intentions or activities of

(a) any foreign state or group of foreign states; or
(b) any person other than
(i) a Canadian citizen,
(ii) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, or
(iii) a corporation incorporated by or under an Act of Parliament or of the legislature of a province.​

b) Analyzing Data

All relevant information collected by the CSIS is exhaustively analysed in order to assist IRCC in its subsequent decision as to whether they are inadmissible under the IRPA. “The term ‘security screenings’ refers to the procedures used to identify persons seeking admission to Canada who are, or have been, involved in espionage, subversion, or terrorism.” Although the term refers to the scrutiny of an applicant’s political orientation, beliefs and activities, as part of the normal immigrant selection process, criminal records checks are also conducted wherever possible. In analyzing the data the CSIS broadly is concerned with the following:​

i. espionage, terrorism or unacceptable political activity
ii. persons who may engage in violence
iii. persons who may have committed war crimes
iv. persons who pose a threat to Canadian security
v. persons involved with terrorist governments​

D. What are the processing times?

There is no recent data released by CSIS on the processing times. However, in 2014-2015 CSIS processed 33,900 permanent resident applications and in 2015-2016 it processed 56,500 applications. As per the old data from early 2000s, the average processing time for security screening requests is 62 days. Fifty-one percent of all cases were completed within this time frame. The remaining 49 percent of requests averaged 110 days to complete. Less than one percent of all cases took longer than twelve months. With the introduction of biometrics for citizens from select countries, the processing times are expected to decrease. Given that the economic immigrants are a low risk category, the processing times usually range from 25 – 90 days after the introduction of the express entry for most applications.

E. What kind of applicants face stricter security screening?

In the past CSIS has been criticized for racial profiling applicants based on country of origin, race, religion, travel history, political affiliation, but these factors are the primary means of conducting security screening. Applicants from countries known to harbor terrorists, from unstable countries, of some specific religion and faith, with specific political affiliation are more prone to undergo stringent security screening. This also includes travel history to countries linked with terrorism, drug source countries, inter-religion or inter-nationality marriage etc.

Thanks legalfalcon.

I am curious why does IRCC need FBI clearance certificates for US stay if CSIS can access US databases? Surely they would want to clear the backlog created by application with pending FBI clearance, right?

 

[legalfalcon]

Thanks legalfalcon.

I am curious why does IRCC need FBI clearance certificates for US stay if CSIS can access US databases? Surely they would want to clear the backlog created by application with pending FBI clearance, right?

The shared databases are very limited and to be sure that there is no state offence, a FBI PCC is important.

 

[legalfalcon]

Hi @legalfalcon i need your opinion regarding my queries .would be v grateful to you if u reply
Im a 4th feb pnp inland with one dependant (spouse) we both are pakistani my medical passed in aprl and i also got ADR in aprl ( ielts report) before that my bg was ip1 then after medical passed and ADR it went to NA then on 27th july it went to ip2 when they started working on feb pnp inlands then all others got their PPR but not me then i called cic many times agent said everything is done your eligibility is also met acording to officer and they have sent request to RCMP and security agencies just waiting for their response and they said they cant do anything as they are already working on ur file we sent request when they are not working for many months and if u order gcms notes this wil gonna delay ur file as they wil frst respond your query so we didnt order yet every agent tell me the same story then i mail ottawa my VO and got reply that my file is under additional verification...
m v worried because i have seen many cases waiting for years and i dont want to as i am married since march 2015 since then living apart
I have applied for bowp in may which got rejected in june because i didnt submit the nomination certificate then again i applied in june and still didnt get bowp as i want this then i wil aply for work visa so that i can go to my home country .. do u have any idea that can i get my bowp from border before they approved it or sit back and wait for it .my current work permit is already expired so i cannot travel
Last thing .. my two brothers are in canada one have PR when he applied for his PR ( family class sponsorship , paper based) he was also stuck in ss and got PR in almost 4 years but he has a travel hstry to afghanistan then my second brother applied in same category he is also stuck in ss and he has completed his 2 years and still havent get ppr
I jst have one travel history to US ( visited there for 1 wek ) and 1 for saudia (1 week ) and i submitted PCC for pakistan and RCMP for canada . my spouse also has just one travel history to saudia ( 1 week )
What do you think how long my securityscreening will take?my medical wil expire in December.. is this ss or not ? And what should i do for my bowp ?
Desperately waiting for your reply

I am sorry to hear your case, and I cannot predict when you will get PPR, as if you are stuck in SS, it does take time.

I am not sure what the issue with your BoWP is, but the procedure is as follows:


Bridging Open Work Permit – Procedure, filling the application form and other aspects



This is a short guide for applicants applying for a BOWP. The manual to fill the application and the criteria therein is set forth in the manual available at http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob485.asp.

The first place to start is by verifying if you are eligible for applying for a BOWP. The eligibility criteria is as follows:


a) be currently in Canada;

b) have valid status on a work permit that is due to expire within the next four months;

c) be the principal applicant on an APR under the FSWC, the CEC, the FSTC, the PNC, or one of the two caregiver classes;

d) have completed one of the following APR stages:

I. their electronic application for permanent residence (e‑APR) submitted under Express Entry has passed the R10 completeness check; or

II. they have received a positive eligibility assessment on their paper APR submitted by mail under one of the economic classes above;

e) have applied for an open work permit;

f) have paid the work permit processing fee and the open work permit holder fee; and

g) have provided, as applicable, evidence (e.g., nomination certificate) that their provincial nomination is unrestricted.


Once an applicant is eligible to apply, he should then gather the necessary documents that have to be enclosed along with the BOWP application form.


1. Application from IMM 5710. (If using an authorized representative you will also need IMM 5476 & IMM 5475)

2. Proof of Payment

3. Photocopies of passport biographical page.

4. Photocopy of your current immigration document.

5. Photocopy of your marriage certificate if applicable.

6. A copy of your AOR for the EE E-APR


If you are a PNC applicant you will also need the following in addition to the above:


1. Letter from the provincial government that confirms the province has nominated you.


How to fill the form:


· Choose either “A work permit with same employer” and/or “A work permit with new employer”

· There is no need to indicate a specific employer since its an open work permit

· If you are a PNP applicant you will have to write your location as the same province that has nominated you as it will be one of your work permit conditions.

· Your occupation should closely relate to the NOC that you have mentioned in your EE profile.

· There is no need to give a LIMA number. Leave it Blank.

· Fill in the other details and make sure that your eligibility in the EE application has been met.



For an in-depth detail of the procedure read the Operation Bulletin 485 available at:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob485.asp

 

[Mz123]

thanks alot for your kind response agent said my eligibility is met but checking online status is like we are reviewing ur eligibility... how can i clame them that our eligibility is met and issue my bowp ? Its almst two and half month but i didnt get my bowp yet can you help me in such case ? I have seen on a forum that someone got his bowp after 5 months so m scared .. i have asked on my forums that if someone know that aplicants of which dates they are processing for bowp but didnt get any response

I am sorry to hear your case, and I cannot predict when you will get PPR, as if you are stuck in SS, it does take time.

I am not sure what the issue with your BoWP is, but the procedure is as follows:


Bridging Open Work Permit – Procedure, filling the application form and other aspects



This is a short guide for applicants applying for a BOWP. The manual to fill the application and the criteria therein is set forth in the manual available at http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob485.asp.

The first place to start is by verifying if you are eligible for applying for a BOWP. The eligibility criteria is as follows:


a) be currently in Canada;

b) have valid status on a work permit that is due to expire within the next four months;

c) be the principal applicant on an APR under the FSWC, the CEC, the FSTC, the PNC, or one of the two caregiver classes;

d) have completed one of the following APR stages:

I. their electronic application for permanent residence (e‑APR) submitted under Express Entry has passed the R10 completeness check; or

II. they have received a positive eligibility assessment on their paper APR submitted by mail under one of the economic classes above;

e) have applied for an open work permit;

f) have paid the work permit processing fee and the open work permit holder fee; and

g) have provided, as applicable, evidence (e.g., nomination certificate) that their provincial nomination is unrestricted.


Once an applicant is eligible to apply, he should then gather the necessary documents that have to be enclosed along with the BOWP application form.


1. Application from IMM 5710. (If using an authorized representative you will also need IMM 5476 & IMM 5475)

2. Proof of Payment

3. Photocopies of passport biographical page.

4. Photocopy of your current immigration document.

5. Photocopy of your marriage certificate if applicable.

6. A copy of your AOR for the EE E-APR


If you are a PNC applicant you will also need the following in addition to the above:


1. Letter from the provincial government that confirms the province has nominated you.


How to fill the form:


· Choose either “A work permit with same employer” and/or “A work permit with new employer”

· There is no need to indicate a specific employer since its an open work permit

· If you are a PNP applicant you will have to write your location as the same province that has nominated you as it will be one of your work permit conditions.

· Your occupation should closely relate to the NOC that you have mentioned in your EE profile.

· There is no need to give a LIMA number. Leave it Blank.

· Fill in the other details and make sure that your eligibility in the EE application has been met.



For an in-depth detail of the procedure read the Operation Bulletin 485 available at:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob485.asp

 

[Mz123]

Do u know that how much time they are taking these days for bowp ? If i am under ss so wil they issue my bowp or not ?

 

[legalfalcon]

Do u know that how much time they are taking these days for bowp ? If i am under ss so wil they issue my bowp or not ?

SS and BOWP has nothing to do do with each other. If you are eligible for BOWP, it will be issued.

 

[Mz123]

Thanks alot do u know how much they are taking these days for bowp?

SS and BOWP has nothing to do do with each other. If you are eligible for BOWP, it will be issued.[/QUOTE

 

[ankitrdeo]

Hi Legal Falcon,

Have heard a lot about you in the course of my wait for the PPR. Assuming if you can help me with your opinion here. I am a FSW - O applicant along with my wife, AOR 20th April, file transferred to NDVO on 26th July and on 22nd August changed to We are processing your background check which is I guess IP2. I have not yet paid the RPRF fees nor they have intimated me to do so. Currently, our background check is in process and we are expecting email from CIC to pay RPRF fees anytime. Since we will be travelling over next 10 days to some places in North India which would have no internet connection or phone connection, we thought of paying the RPRF fees for both of us in advance and submit the PDF copy to CIC via IRCC webform and additionally emailed a copy and the explanation to CPC Ottawa and NDVO. Do you think that much should suffice?

In case, they do not attach the document and raise a RPRF request I can attach the receipt which I have after paying RPRF today.

Can you share your opinion?

Many Thanks

Ankit

 

[Matt-NL]

Hi Matt,

Happy to help and explain with the best of my abilities. See my responses in red to your questions.

I hope this helps!

Hi Legalfalcon,

I truly appreciate your explanation.
There is only one detail I would like to share with you because I think it could be an additional information regarding the organizational structure of federal immigration in depth security screening process. In the letter I received from CSIS there is the following info:

Dear Dr. ---

The Canadian Security Intelligence Service (CSIS) is one of the several organizations that IRCC may consult while assessing a permanent resident application and determining whether a person is admissible to Canada. IRCC the determines who will be allowed to enter to the country and whether they will be granted permanent resident status in Canada. CSIS' role in immigration matters is to provide advice to IRCC through Canada Border Services Agency (CBSA).
CSIS received a security screening request from IRCC on January 25, 2017 concerning your permanent resident application. The security screening was completed and advice was sent on April 24, 2017.
As CSIS has now concluded its involvement in this request, IRCC or CBSA would be in a better position to provide a status update on your application. At this time, I can only suggest that you redirect your request to them.

Sincerely,

B--- R---
Assistant Director Operations

The letter says that that CSIS provides advice to IRCC through CBSA. It seems to be a standard procedure. Before I received this letter my provincial government told me that CBSA has a backlog which is the reason of PR delays. It seems to be there are deviations from the legal framework you shared with me. Why is CBSA is involved? Can they conduct more sophisticated investigations than CSIS does? I am very confused. Why doesn't Canadian government explain the procedure of security screening? We don't know who is involved, how links work, how long does it take etc. This is quite non-transparent and is a problem in terms of accountability. Here some related questions of mine:

1) Do you think CBSA evaluates cases on the basis of CSIS advice?
2) Do you think CBSA process files with a sequence?

Sorry to bothering you, but your professional opinion is very important to me. Could you give me a short feedback again?
Thanks a lot in advance.
I hope this message finds you well.

Best,

Matt

 

[Matt-NL]

Hi Matt,

Happy to help and explain with the best of my abilities. See my responses in red to your questions.

I hope this helps!

Hi Legalfalcon,

I've found this information and think it could be useful.
http://www.cbsa-asfc.gc.ca/security-securite/screen-verific-eng.html

 

[Matt-NL]

Please sign this petition to speed up the security screening process of CBSA. It is important.

https://www.change.org/p/ircc-improve-processing-time-for-cbsa-security-screening-spouse-sponsorship-pnp-fsw-ee

 

[legalfalcon]

Hi Legalfalcon,

I truly appreciate your explanation.
There is only one detail I would like to share with you because I think it could be an additional information regarding the organizational structure of federal immigration in depth security screening process. In the letter I received from CSIS there is the following info:

Dear Dr. ---

The Canadian Security Intelligence Service (CSIS) is one of the several organizations that IRCC may consult while assessing a permanent resident application and determining whether a person is admissible to Canada. IRCC the determines who will be allowed to enter to the country and whether they will be granted permanent resident status in Canada. CSIS' role in immigration matters is to provide advice to IRCC through Canada Border Services Agency (CBSA).
CSIS received a security screening request from IRCC on January 25, 2017 concerning your permanent resident application. The security screening was completed and advice was sent on April 24, 2017.
As CSIS has now concluded its involvement in this request, IRCC or CBSA would be in a better position to provide a status update on your application. At this time, I can only suggest that you redirect your request to them.

Sincerely,

B--- R---
Assistant Director Operations

The letter says that that CSIS provides advice to IRCC through CBSA. It seems to be a standard procedure. Before I received this letter my provincial government told me that CBSA has a backlog which is the reason of PR delays. It seems to be there are deviations from the legal framework you shared with me. Why is CBSA is involved? Can they conduct more sophisticated investigations than CSIS does? I am very confused. Why doesn't Canadian government explain the procedure of security screening? We don't know who is involved, how links work, how long does it take etc. This is quite non-transparent and is a problem in terms of accountability. Here some related questions of mine:

1) Do you think CBSA evaluates cases on the basis of CSIS advice?
2) Do you think CBSA process files with a sequence?

Sorry to bothering you, but your professional opinion is very important to me. Could you give me a short feedback again?
Thanks a lot in advance.
I hope this message finds you well.

Best,

Matt

I am aware of this letter and the language. The issue is when does the IRCC decide to send a file to CBSA in absence of any legislative mandate, which is express for CSIS. Is it based on CSIS response, or something else. This is a big question as these details are not made public.

All files with any agency are processed in sequence, unless a file is a priority.