How long is the process for background check?

[nmc88]

I hope someone can give me some answers to my situation...


I've been waiting for an answer from immigration for over 4 years now. I applied in October 2009, passed the citizenship test in January 2011 and nothing ever since. I knew I passed the test and an the immigration agent confirmed that as well. I have never being asked for any additional documents since they transferred my file to Montreal office and every time I called immigration, same story: they are doing my criminal check, then immigration and background check and it never ends! I contacted my MP and after several phone calls to immigration, they weren't able to get any further. I called few days ago again but the story hasn't changed, the immigration agent said it's still in process and they are still waiting for my background check to be done. When asked how long does it take and what exactly are they verifying he just said that each case is different and to just wait.

So my question is: what are they verifying exactly and how long is the process? I know that it's only valid for one year only so if it expires again, does it mean I have to wait indefinite time? Any advice?


Thank you in advance!

 

[ramsfe]

My advice : 4 years, thats not a reasonnable time at all! Contact a lawyer and file a Writ Of Mandamus against CIC. This will force them to make a decision....

 

[Yolka]

I hope someone can give me some answers to my situation...


I've been waiting for an answer from immigration for over 4 years now. I applied in October 2009, passed the citizenship test in January 2011 and nothing ever since. I knew I passed the test and an the immigration agent confirmed that as well. I have never being asked for any additional documents since they transferred my file to Montreal office and every time I called immigration, same story: they are doing my criminal check, then immigration and background check and it never ends! I contacted my MP and after several phone calls to immigration, they weren't able to get any further. I called few days ago again but the story hasn't changed, the immigration agent said it's still in process and they are still waiting for my background check to be done. When asked how long does it take and what exactly are they verifying he just said that each case is different and to just wait.

So my question is: what are they verifying exactly and how long is the process? I know that it's only valid for one year only so if it expires again, does it mean I have to wait indefinite time? Any advice?


Thank you in advance!

That's insane. Check this site out about Mandamus: http://residencequestionnaire.wordpress.com/mandamus/ . With no RQ there is no reasonable explanation to your process, I mean 4 years with no RQ is too much. All the best.

 

[farrous13]

I hope someone can give me some answers to my situation...


I've been waiting for an answer from immigration for over 4 years now. I applied in October 2009, passed the citizenship test in January 2011 and nothing ever since. I knew I passed the test and an the immigration agent confirmed that as well. I have never being asked for any additional documents since they transferred my file to Montreal office and every time I called immigration, same story: they are doing my criminal check, then immigration and background check and it never ends! I contacted my MP and after several phone calls to immigration, they weren't able to get any further. I called few days ago again but the story hasn't changed, the immigration agent said it's still in process and they are still waiting for my background check to be done. When asked how long does it take and what exactly are they verifying he just said that each case is different and to just wait.

So my question is: what are they verifying exactly and how long is the process? I know that it's only valid for one year only so if it expires again, does it mean I have to wait indefinite time? Any advice?


Thank you in advance!

My GOD! Have they lost any of your documents? Do you have any criminal record?
If none of the above, it's a bit disappointing that the agents are not concerned at all. It's like waiting in a restaurant for 10 hours for a plate and the waiter consistently says "it won't be too long" while in fact the kitchen is closed!

 

[nmc88]

No criminal record, didn't leave Canada for longer than a week a the time (once in 2-3years), have a good job, so that's what I was thinking, maybe they lost my file? I will give them another month because of the upcoming holidays and then I'll have to do something about it.
I'm pregnant now and I think that my baby will be a Canadian citizen sooner than me! )

Thank you for your support!

 

[Msafiri]

Looks like you are going through the background expiry cyclic loop where the validity of your 3 background checks are over a different time period and there is always one or more expired at the next processing point for your oath call meaning they have to be requested again and by the time they are issued guess what the remaining check has expired...think of it as musical chairs where one chair is removed but 2 put back in..will the game ever end? You have to go the Mandamus route with this - maybe ask the lawyer owning this forum to apply for you. Expect to pay circa 5K but then he can ask the Federal Court to award you costs against CIC.

 

[Inaki]

You are not alone. I am in a similar case, where all they said is that the background check is not complete. I have no criminal record, I have left Canada only a few weeks during the past 6 years. I also contacted the MP but they could not get any additional information other than the one I know. No additional information had been ever requested to me and my address is correct in their file. I did also request the notes. Nothing came up and as a matter of fact i saw that the Rcmp check was cleared. It seems this is not the check that is still pending. There was mention of about three different checks, one of them complete, another expired and another one not received.

I do appreciate the advices about the Mandamus, but I dont personally want to spend 5k on this neither the time, effort and energy that a process like this might take. So far I just see it as an unnecessary delay, not precisely as a legal issue I have to deffend myself of.

The only thing I do is to call them periodically as a reminder of my existence. It will have to come one day.

I know other cases on similar situation. PM me and we can share some idea.

 

[ramsfe]

Another option would be to withdraw your application and to file a new one...
If the tendancy of citizenship applications going faster gets confirmed, then this might be an option....

honestly, check with an honest lawyer!

 

[touché]

Another option would be to withdraw your application and to file a new one...
If the tendancy of citizenship applications going faster gets confirmed, then this might be an option....

honestly, check with an honest lawyer!

I wouldn't advise that. Withdrawing your application is basically an invite for an RQ on the next application.

 

[ramsfe]

Well not too sure about that! Thats why an honest Lawyer would be a good idea.

Some people who received RQ have withdrawn their applications and on their second application attempt, everything went smoothly....

 

[Msafiri]

1. Some withdrawals don't get a second RQ e.g. you failed the language test and find waiting for a Judge interview is a stretch withdraw and re-apply with language ok. However if there are residency concerns you will get RQ each time you submit.

2. Waiting for the background checks expiry 'cyclic' loop to resolve itself is akin to waiting for manna to fall from the sky...good luck with the wait its not CIC's problem they haven't got an incentive to close this off really have they? If its clearly CIC's fault at the Mandumus stage then the Federal Court will grant you costs so you get your money back...I'd rather spend the 5K and get this closed out. If the Citizenship rules change prior to your application being completed you may not get grandfathered under the 'when you applied rules' and may have to re-qualify e.g. additional residence time...what if you get into legal issues over something innocuous and all over suddenly your PR is at risk? Any issues with your PR = hold on any Citizenship application.

 

[touché]

Well not too sure about that! Thats why an honest Lawyer would be a good idea.

Some people who received RQ have withdrawn their applications and on their second application attempt, everything went smoothly....

If this were my application, I'd be going the Mandamus route at this point. I wouldn't withdraw and re-apply after investing 4 years into it.

 

[lilua]

Can anybody tell what they really check in the name of background check?

 

[Msafiri]

immigration (CIC), criminal (RCMP) and intelligence (CSIS) so for example if you lied on your PR application, are under report, have committed crimes and are on a list of undesirables you won't get very far.

 

[CanuckForEver]

From many cases posted on the government of Canada's web site on CIC along with their verdicts, I am thinking you might have a very clear shot on your hands. Of course Im not a legal expert, but even I could say these types of cases can beat the CIC to the punch. CIC should be lucky if the CJ dont get mad and pen in some bad remarks indicating their outrageous means of doing their jobs. Oh! about that legal fees and any mental agony compensation, any CJ with a dirt bit of integrity would award it in a heart beat. Talk to a lawyer and see, this simply seems atrocious!