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

[Mzub]

You can disagree as much as you want. However, the post was written in June 2017. That is whenPNP were processed faster than FSW. You can go back and verify the data during that time.

Further, the fact that you say is being reiterated, is not fact but law and is available at https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/applications-received-on-after-january-1-2016-completeness-check.html

It clearly states:

Applications are assessed for completeness up front. An application found to be incomplete should be rejected as per section 10 of the Immigration and Refugee Protection Regulations, and all fees associated with the application should be refunded to the applicant.

The Express Entry six-month processing standard begins when an application is assessed as complete and is promoted in the Global Case Management System (GCMS). It ends when Immigration, Refugees and Citizenship Canada (IRCC) makes a final decision on the application.

The above two paragraphs simple translate to "The 6 months processing clock starts when the R10 is passed or the completeness check is passed," unless you have a different way of reading it. I did not make it up from thin air.

Now coming to MyImmitracker screenshot. It is a self reporting tool, and cannot be verified. Some applications are processed faster, much faster and within 30 days. This is true. But these are exceptions, not the norm. Security, Eligibility, criminality are mandatory and cannot be skipped.

If you would like to think otherwise, or have a different theory, you are free to believe that, but I only cite laws and the procedures publicly available.

I am 28 April aor but as per my gcms notes my r 10 was completed in September. It was the time when cic first touched my file and I passed medicals. Before that my application was parked as it was under the verification with the province. Now I have completed 9 months since aor . Should I assume that the six months processing begins with September for me.?

 

[legalfalcon]

I am 28 April aor but as per my gcms notes my r 10 was completed in September. It was the time when cic first touched my file and I passed medicals. Before that my application was parked as it was under the verification with the province. Now I have completed 9 months since aor . Should I assume that the six months processing begins with September for me.?

Yes, the six month processing time starts from the day when the R10 is passed. See the link I quoted above.

 

[mushtaqz]

@legalfalcon

Hi, I am an Inland PNP applicant AOR Jan 2017, Stuck in Security Clearance. I made request under privacy act and access to information act to CBSA for my security check. I got this email from an Analyst from CBSA which says this:

Please be advised that the CBSA ATIP Division cannot provide information on security check results or status updates for Permanent Resident Applications. This information would be exempted from disclosure pursuant to section 21 of the Privacy Act, or under section 15 of the Access to Information Act. These sections are used to exempt information, the disclosure of which, would be reasonably expected to be injurious to the conduct of International Affairs and defense.

Basically it said you will get nothing if make this request, do you still want to place your request.

So I ended up calling the Analyst from CBSA and I asked him that I am requesting a status check for my security clearance and he answered that this information cannot be disclosed under these acts. Do you know if there is a way to get this information from CBSA ? I know people get it from CSIS but I still haven't heard anything from them either.

 

[VAsantewah]

@legalfalcon

Thanks so much for the explanation at the beginning of this thread - super helpful.

I received my AOR on 31st May 2016, ordered and received my GCMS notes in June 2017 and from the notes it's clear my application had been cleared for eligibility but has been stuck with CSIS since October 2016. Given my security screening has now taken 1 year and 4 months, I sent a letter in December 2017 to CSIS requesting information on my file - currently still waiting for their response.

I am a British citizen who lived in Canada for 2 years under the IEC programme but had to return to the UK once my permit expired. I have no idea why my security screening is taking so long as I am not affiliated with anything that would make me a threat to Canada. Any further advice or suggestions would be greatly appreciated.

Thank you

 

[legalfalcon]

@legalfalcon

Hi, I am an Inland PNP applicant AOR Jan 2017, Stuck in Security Clearance. I made request under privacy act and access to information act to CBSA for my security check. I got this email from an Analyst from CBSA which says this:

Please be advised that the CBSA ATIP Division cannot provide information on security check results or status updates for Permanent Resident Applications. This information would be exempted from disclosure pursuant to section 21 of the Privacy Act, or under section 15 of the Access to Information Act. These sections are used to exempt information, the disclosure of which, would be reasonably expected to be injurious to the conduct of International Affairs and defense.

Basically it said you will get nothing if make this request, do you still want to place your request.

So I ended up calling the Analyst from CBSA and I asked him that I am requesting a status check for my security clearance and he answered that this information cannot be disclosed under these acts. Do you know if there is a way to get this information from CBSA ? I know people get it from CSIS but I still haven't heard anything from them either.

This is because what you asked in the description is incorrect. Many applicants have this issue. The request has to be precise, drafted appropriately, and based on each case. What you asked will not be disclosed, as it is exempt.

I cannot draft the appropriate request for you as I do not have your information, and secondly as a licensed lawyer that would be an unauthorized practice of law. If you would like to request CBSA or CSIS reports, you can do so through GET GCMS, or consult other who have obtained it successfully.

 

[legalfalcon]

@legalfalcon

Thanks so much for the explanation at the beginning of this thread - super helpful.

I received my AOR on 31st May 2016, ordered and received my GCMS notes in June 2017 and from the notes it's clear my application had been cleared for eligibility but has been stuck with CSIS since October 2016. Given my security screening has now taken 1 year and 4 months, I sent a letter in December 2017 to CSIS requesting information on my file - currently still waiting for their response.

I am a British citizen who lived in Canada for 2 years under the IEC programme but had to return to the UK once my permit expired. I have no idea why my security screening is taking so long as I am not affiliated with anything that would make me a threat to Canada. Any further advice or suggestions would be greatly appreciated.

Thank you

If its taken that long, then its CBSA and not CSIS that is sitting on your file. You can request a CBSA report and see if they have cleared it. CBSA is notoriously slow in concluding the security screenings. Based on your report from CBSA, you will be able to see what what stage of Security you are at. When yo request GCMS notes from IRCC, the security is withheld, but in the CBSA report the security is not retracted and that gives you the precise info as to when the agency received the info and what is the current status.

Based on what you get, you can then figure out your further strategy.

 

[VAsantewah]

If its taken that long, then its CBSA and not CSIS that is sitting on your file. You can request a CBSA report and see if they have cleared it. CBSA is notoriously slow in concluding the security screenings. Based on your report from CBSA, you will be able to see what what stage of Security you are at. When yo request GCMS notes from IRCC, the security is withheld, but in the CBSA report the security is not retracted and that gives you the precise info as to when the agency received the info and what is the current status.

Based on what you get, you can then figure out your further strategy.

Ah, I will do just that. Thanks again for your help.

 

[amontella]

If its taken that long, then its CBSA and not CSIS that is sitting on your file. You can request a CBSA report and see if they have cleared it. CBSA is notoriously slow in concluding the security screenings. Based on your report from CBSA, you will be able to see what what stage of Security you are at. When yo request GCMS notes from IRCC, the security is withheld, but in the CBSA report the security is not retracted and that gives you the precise info as to when the agency received the info and what is the current status.

Based on what you get, you can then figure out your further strategy.

Hi @legalfalcon

you have another person that believe your post is really explanatory

I am an european SINP PNP outlander with AOR april '17 and med passed in october '17, no criminals at, travelled a lot but never to terrorism linked countries.

From GCMS notes, it looks like i'm stuck in security since june '17 (unfortunately the 2-5months theory didnt apply to me , how can i tell if my file sits in CSIS or CBSA or IRCC court?

Thank you so much for your help to me and the other applicants!
br
a

 

[managersonline]

If its taken that long, then its CBSA and not CSIS that is sitting on your file. You can request a CBSA report and see if they have cleared it. CBSA is notoriously slow in concluding the security screenings. Based on your report from CBSA, you will be able to see what what stage of Security you are at. When yo request GCMS notes from IRCC, the security is withheld, but in the CBSA report the security is not retracted and that gives you the precise info as to when the agency received the info and what is the current status.

Based on what you get, you can then figure out your further strategy.

Hi Legalfalcon,

Really appreciate your help and support and information for all the applicants.

Secondly, I am one of the last applicants of FSWP-2014, the last paper based lot of applicants.

I got Medical Request in Jan 2016 and passed medical exam.

After that I was called for interview in March 2017 in London. And passed the Interview. And got second Medical Request on second day after interview.
Passed Medical Exam in March 2017 itself.

After that Background checks in process.

Recently requested GCMS notes and got it on 2nd of February 2018. But GVMS Notes are Generated in 16th January 2018.

Eligiblity, Medical , and Criminality all are passed. Info Sharing is Completed. But Security is retracted under S15(1).

Under Admissiblity there is one complete page retracted with clause s15(1).

There are eight activities with my UCI Number and my Name and similarly my spouse UCI number and name. But it is not mentioned that what are these activities:-

ACTIVITY: 1
Created Date:
Created By:
Updated Date:
Updated By:
UCl: 123456
Name: my name

and it continues upto eight activities and in top right corner s15(1) is mentioned.

There is no mentioning of "Security Screening".

Whenever I send an email LVO replies that "Necessary Background Checks" are going on your file.

What do you think that I am in "Security Screening" whereas there is no wordings of Security Screening mentioned in my GCMS notes.

Moreover what are these activites in GCMS Notes which they did not specify/write anything for it.

Also, whether it is true that recently IRCC has started to even retract the wordings of "Security Screening" from GCMS Notes?
Have you gone through some recent GCMS notes in which wordings of "Security Screening" are still mentioned?

Sorry for this long message and thanks in advance for your answer.

 

[legalfalcon]

Hi @legalfalcon

you have another person that believe your post is really explanatory

I am an european SINP PNP outlander with AOR april '17 and med passed in october '17, no criminals at, travelled a lot but never to terrorism linked countries.

From GCMS notes, it looks like i'm stuck in security since june '17 (unfortunately the 2-5months theory didnt apply to me , how can i tell if my file sits in CSIS or CBSA or IRCC court?

Thank you so much for your help to me and the other applicants!
br
a

When you apply for GCMS notes, the security related details are retracted. To know whether your file is with CSIS or CBSA, you will have to request CSIS and CBSA report.

 

[legalfalcon]

Hi Legalfalcon,

Really appreciate your help and support and information for all the applicants.

Secondly, I am one of the last applicants of FSWP-2014, the last paper based lot of applicants.

I got Medical Request in Jan 2016 and passed medical exam.

After that I was called for interview in March 2017 in London. And passed the Interview. And got second Medical Request on second day after interview.
Passed Medical Exam in March 2017 itself.

After that Background checks in process.

Recently requested GCMS notes and got it on 2nd of February 2018. But GVMS Notes are Generated in 16th January 2018.

Eligiblity, Medical , and Criminality all are passed. Info Sharing is Completed. But Security is retracted under S15(1).

Under Admissiblity there is one complete page retracted with clause s15(1).

There are eight activities with my UCI Number and my Name and similarly my spouse UCI number and name. But it is not mentioned that what are these activities:-

ACTIVITY: 1
Created Date:
Created By:
Updated Date:
Updated By:
UCl: 123456
Name: my name

and it continues upto eight activities and in top right corner s15(1) is mentioned.

There is no mentioning of "Security Screening".

Whenever I send an email LVO replies that "Necessary Background Checks" are going on your file.

What do you think that I am in "Security Screening" whereas there is no wordings of Security Screening mentioned in my GCMS notes.

Moreover what are these activites in GCMS Notes which they did not specify/write anything for it.

Also, whether it is true that recently IRCC has started to even retract the wordings of "Security Screening" from GCMS Notes?
Have you gone through some recent GCMS notes in which wordings of "Security Screening" are still mentioned?

Sorry for this long message and thanks in advance for your answer.

Some applicants have reported that IRCC has started retracting security, but I don't think that is correct. If you do not have "security screening" in your sub activities in GCMS notes, you are all good.

To read what is s15 see
https://www.getgcms.com/blog/s15-s16-top-right-gcms-denote/

 

[xibalban]

You can disagree as much as you want. However, the post was written in June 2017. That is whenPNP were processed faster than FSW. You can go back and verify the data during that time.

Firstly, I wasn't expecting a response from you, but it felt great!! I ended up actually verifying the data during that time, and well - PNP applications were processed slower even during that period (June 2017). The veracity of the processing times is, this time, based on interaction with actual applicants and not based on myimmitracker.

You do not have to take this personally though, as I'm sure you are yourself often baffled by IRCC's way of doing things, despite the enormous experience and knowledge that you possess about the Canadian Immigration processes.

Further, the fact that you say is being reiterated, is not fact but law and is available at https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/express-entry/applications-received-on-after-january-1-2016-completeness-check.html

It clearly states:

Applications are assessed for completeness up front. An application found to be incomplete should be rejected as per section 10 of the Immigration and Refugee Protection Regulations, and all fees associated with the application should be refunded to the applicant.

The Express Entry six-month processing standard begins when an application is assessed as complete and is promoted in the Global Case Management System (GCMS). It ends when Immigration, Refugees and Citizenship Canada (IRCC) makes a final decision on the application.

The above two paragraphs simple translate to "The 6 months processing clock starts when the R10 is passed or the completeness check is passed," unless you have a different way of reading it. I did not make it up from thin air.

Well , I never said you made that stuff up. I get it - what you stated is not a fact, it is a law. But wait, is a law not a fact? Never mind

Now coming to MyImmitracker screenshot. It is a self reporting tool, and cannot be verified. Some applications are processed faster, much faster and within 30 days. This is true. But these are exceptions, not the norm. Security, Eligibility, criminality are mandatory and cannot be skipped.

If you would like to think otherwise, or have a different theory, you are free to believe that, but I only cite laws and the procedures publicly available.

I agree, the myimmitracker data is indeed incorrect, or at least 10% of it really is bogus, which distorts the wonderful web-application's statistics. @andy108, are you listening?

When the law says () "Security, Eligibility, criminality are mandatory and cannot be skipped.", how IRCC manages to complete the eAPR to PPR process in less than 20 days, still baffles me . @gurpreet.ts can shed some light, but alas, he would not have ordered GCMS notes!!

Thanks again @legalfalcon

 

[legalfalcon]

Firstly, I wasn't expecting a response from you, but it felt great!! I ended up actually verifying the data during that time, and well - PNP applications were processed slower even during that period (June 2017). The veracity of the processing times is, this time, based on interaction with actual applicants and not based on myimmitracker.

You do not have to take this personally though, as I'm sure you are yourself often baffled by IRCC's way of doing things, despite the enormous experience and knowledge that you possess about the Canadian Immigration processes.


Well , I never said you made that stuff up. I get it - what you stated is not a fact, it is a law. But wait, is a law not a fact? Never mind


I agree, the myimmitracker data is indeed incorrect, or at least 10% of it really is bogus, which distorts the wonderful web-application's statistics. @andy108, are you listening?

When the law says () "Security, Eligibility, criminality are mandatory and cannot be skipped.", how IRCC manages to complete the eAPR to PPR process in less than 20 days, still baffles me . @gurpreet.ts can shed some light, but alas, he would not have ordered GCMS notes!!

Thanks again @legalfalcon

I don't take things personally, as it does not matter. Everyone has their view and is entitled to interpret whatever they want. In the arena of Canadian immigration flooded with uneducated consultants, fraudulent advisors, and multiple opinions from applicants on this forum, it is difficult to fish out what is correct and what is not.

If you want to get into the jurisprudence of fact and law, we can have a great discussion. Legally, they are two entirely different concepts. If you would be interested in read more on this, you can grab books authored by jurists such as Oliver Wendell Holmes, Jr., Lon Fuller, Rawl, or John Austin. However, the bigger question would have been that the 6 months timeframe is a regulation under the IRPA, and not in the IRPA itself. So does the Ministerial Instructions, Regulations and IRPA the same? Now that would be a great debate topic.

As regards the PNP processing, I am not sure where you are getting the data from. I was managing monthly progress lists in pre tracker era when I was an applicant and PNP was processed way faster than FSW, at least of majority of the applicants, which changed in late 2016.

I don't use MyImmitracker and neither am I an expert on statistics. Its a self reporting tool, which has its benefits and negatives. So one has to take it with a pinch of salt.

I try my best to provide my interpretations in form of blogs and answering questions, will do it until I can.

 

[xibalban]

I was managing monthly progress lists in pre tracker era when I was an applicant and PNP was processed way faster than FSW, at least of majority of the applicants, which changed in late 2016.

Having said the above, the following must be a typo. By pre-tracker era, you clearly meant to write June 2015 there (quoted below), and I can agree with you then .

the post was written in June 2017. That is when PNP were processed faster than FSW.

What confused me, was that the post was actually written in June 2017 and not June 2015. Anyway, I don't wish to delve deeper into it; I have no intent to disprove your statements. Pardon me for my captious nature .

Being a noob in matters of law, I have no business locking horns with a reputed lawyer in matters of jurisprudence. By the way, you were right about fact and law being two different things (https://en.wikipedia.org/wiki/Question_of_law).

So one has to take it with a pinch of salt.

I'm relieved that you didn't take my posts (read as: difference in opinion) personally. For a moment, I felt that I managed to irk one of the most helpful members of this forum . However, I have begun to take your posts with a pinch of salt, too .

 

[Alex2028]

Having said the above, the following must be a typo. By pre-tracker era, you clearly meant to write June 2015 there (quoted below), and I can agree with you then .



What confused me, was that the post was actually written in June 2017 and not June 2015. Anyway, I don't wish to delve deeper into it; I have no intent to disprove your statements. Pardon me for my captious nature .

Being a noob in matters of law, I have no business locking horns with a reputed lawyer in matters of jurisprudence. By the way, you were right about fact and law being two different things (https://en.wikipedia.org/wiki/Question_of_law).


I'm relieved that you didn't take my posts (read as: difference in opinion) personally. For a moment, I felt that I managed to irk one of the most helpful members of this forum . However, I have begun to take your posts with a pinch of salt, too .

This long wait drives people creazy