BACKGROUND AND SECURITY CHECK

Background investigations and security investigations are two relatively independent processes that cannot be confused.

Background Check

The background investigation is to verify the authenticity of the materials. The background investigation does not care whether the materials provided meet the immigration conditions, because if the materials themselves cannot prove that they meet the immigration conditions, the visa officer can directly refuse the visa without giving an explanation. A background check will only be initiated if the applicant’s materials prove that the conditions are met, but the visa officer is suspicious of its authenticity. Because the probability of the occurrence of overseas fake materials is much higher than that of the territory, the possibility of overseas visa officers doing background checks is much higher than that of the territory.

The following cases have occurred in the background investigation:

1. The applicant did not declare the party members. The visa officer used the search engine to check whether the applicant had a government or party title in the government news or government official website.
2. The applicant declares to work in Company X. The visa officer calls or conducts a field visit. Usually, such an inspection will not be through the employer’s contact information provided by the applicant.
3. The applicant declares to work in X company for 10 years, and the visa officer inquires about the establishment time of the company through enterprise information.
4. The applicant provided a certificate of deposit of 400,000, and the visa officer called the bank to verify.
5. The applicant provides a driving license, and the visa officer directly checks the authenticity of the driving license by checking the illegal software.
6. The applicant claims to have a same-sex couple, cannot obtain a marriage certificate, and submits the immigration application together through the cohabitation relationship. The visa officer directly visits the living conditions of the two.

If the results of the background investigation are satisfactory to the visa officer, the time is usually not too long. If there is evidence that the applicant has provided false materials, the visa officer must give the applicant an opportunity to explain. This is a fair procedure, so the applicant does not have to worry. I am directly refusing to sign the fake material without notice or explanation.
The interview is also a kind of investigation method. When the cost of the investigation method is too high or has been exhausted, the visa officer still does not believe the authenticity of the applicant’s materials. Usually, the applicant will go directly to the visa office for an interview and try to answer from the applicant. Find contradictions on the top.
Applicants are provided with real materials and do not have to worry about background checks.

Security Check

The safety investigation considers whether the applicant poses a threat to Canada’s national interests or national security. Including spies, subversion of government, terrorism, violence and other activities.
Not everyone will be investigated safely. Usually only applicants who have worked in sensitive departments will be investigated safely. The sensitive departments include but not limited to the military, biochemistry, government departments, and sophisticated companies. For example, employees of Huawei (including former employees) will almost certainly be investigated by security. After Trump took office, security investigations have expanded. For example, computer-related work or educational backgrounds are often investigated by security, especially in the frontier areas such as artificial intelligence.
Very few applicants are rejected on security grounds, and if they do, they must still provide an opportunity for explanations based on procedural fairness. In the case of Hosseini v. Canada, 2018 FC 171, the visa officer only inferred that the applicant may have participated in the Iranian nuclear program by working on a highly sensitive company such as Iranian Oil Company, thus affecting Canadian security. The judge refutes the visa officer from all sides and believes that the visa officer not only violates the procedural fairness, but also makes the decision extremely unreasonable. The judge judged the applicant to win the case and sentenced the immigration department to compensate the applicant for 2,000 yuan. In the case of immigration, the compensation is very small among a very small number, indicating that the decision of the visa officer makes the judge very dissatisfied.
Most applicants are concerned about the impact of the security investigation on the trial time than the refusal that may result from a security investigation. The main method of security investigation is to first transfer the applicant’s information to the intelligence department, then carry out the name search through the Canadian Security Intelligence Service’s intelligence system, and also transfer to the Canada Border Services Agency to check the applicant’s entry and exit records. This step usually takes 6-12 months and is not capped. If the fast-track application is not completed within six months, it is most likely that a security investigation is encountered, and the time for such a case will be one year or longer.

Impact of other means on the checking

Visa officers can generally see comments on background checks by shifting files, but sometimes in order to prevent customers from preparing for background checks, relevant comments will be coded. More time, the background investigation will be transferred to an independent department, or simply call for information, and it is not necessary to leave information in the file without exception.
The shift can see if the application is in a security investigation, but cannot know further content (such as the progress of the security investigation).
Members and courts usually cannot speed up background checks or security investigations. In general, the best way is to wait.