Transpondia Immigration FAQ ©

• AECIP: All Entry Clearance Issuing Posts. An advisory system used by UKvisas to issue new guidance on policies and to provide information on recent changes. AECIP bulletins are, from time-to-time, reworked into the body of the DSP's. AECIP's are not generally made public, but some have been accessed by the Independent Monitor.
  
  
• AIT: The Asylum and Immigration Tribunal. "The purpose of the Tribunal is to hear and decide appeals against decisions made by the Home Office in matters of asylum, immigration and nationality" (site).
  
  
• AR: Administrative Removal. A process whereby a person (typically an overstayer or illegal entrant) is expelled from the UK. Not as severe as deportation, but often confused with it by the media.
  
  
• Article 8: Shorthand for "Article 8 of the Human Rights Act of 1998, which says in part Everyone has the right to respect for his private and family life, his home and his correspondence. The implications for immigration are obvious.
  
  
• BIA: The Border and Immigration Agency. The Immigration and Nationality Directorate was rebranded to this agency in 2007. See IND below.
  
  
• COA- Certificate of Approval. A form issued by the Border and Immigration Agency that allows a non-EU citizen who is in the UK on a visa of more than six months to get married in the UK. The Home Office certificate of approval represents the written permission from the Secretary of State to marry in the United Kingdom. The need for this written permission was introduced in the Asylum and Immigration (Treatment of Claimants) Act 2004. The only exception to this rule is in the case of a marriage within the Church of England, where a COA is not needed.
  
  
• CTA: The Common Travel Area. This includes the Great Britian, Northern Ireland, Ireland, The Isle of Man, and the Channel Islands. There are special provisions in the immigration rules for people entering from the CTA.
  
  
• DSP- Diplomatic Service Procedures. Guidance for ECO's. The DSP's contain intepretations of the rules and provide ECO's with a basis for decision-making.
  
  
• ECO, ECM, and AECO: Entry Clearance Officer, Entry Clearance Manager, and Assistant Entry Clearance Officers. These people work at foreign posts and approve or refuse Entry Clearances. Generally, the ECO conducts interviews and reaches a determination on the application. The ECM will normally review the application if it is refused. AECOs are usually local hires, but might also be younger staff in training. ECOs are usually Vice Consuls in the Diplomatic Corps and ECMs usually hold the diplomatic rank of Consul.
  
  
• ELR: Exceptional Leave to Remain. This is a visa issued outside of the rules on grounds of compassion or similar circumstances.
  
  
• Entry Clearance: An entry clearance is a type of visa issued at a foreign post that enables someone to enter the UK for a specific purpose and a specific length of time. Entry clearances are always required if the purpose of entering the UK is for settlement. They are often required for other purposes also.
  
  
• FCO, FC&O: The Foreign and Commonwealth Office. Also the Foreign Office.
  
  
• FLR: Further Leave to Remain. An immigration status that logically follows LLR (Limited Leave to Remain). This is frequently applied to a someone who entered the UK as a fiance and has since become married. In this case, FLR is granted for two years.
  
  
• GV51 or NOID, Notice of Immigration Decision:The GV51 form is issued to unsuccessful entry clearance applicants and explains the reason for the refusal. This form has been superceded by the UFF, or Uniform Format Form as a part of EU convergence.
  
  
• HC395, the DSP's, and the IDI's: The main body of the Immigration Rules are listed in HC395. The DSPs, Diplomatic Service Protocols, provide guidance to ECO's. And the IDI's, Immigration Directorates Instructions, provide guidance to Immigration Officers. All of these documents are given in full at the BIA's website (some portions of the IDI's and DSPs are classified, however).
  
  
• IDI: Immigration Directorates' Instructions. This is a large manual which contains internal guidance for BIA Caseworkers on the handling of on-entry and after entry applications.
  
  
• ILPA: The Immigration Law Practitioners' Association.
  
  
• IND: The Immigration and Nationality Directorate. Part of the Home Office, the IND includes the Immigration Service, the Nationality Directorate, the Managed Migration Directorate, and Work Permits UK. The Immigration Service are at ports of entry and check travel documents. UKVisas set the policies for applications made at foreign posts.
  
  
• IM: The Independent Monitor. An external individual who is appointed to review and report on applications which do not have the right of appeal (such as visitor applications). The IM usually serves for two years and publishes a periodic report about the performance of British consular posts abroad. During their tenure, the IM may visit one or more consulates.
  
  
• IO, AIO, and CIO: Immigration Officer, Assistant Immigration Officer, and Chief Immigration Officer. These people work for the Immigration Service. They conduct entry interviews and issue visas at ports of entry (Heathrow, for example).
  
  
• JCWI: Joint Council for the Welfare of Immigrants. An independent organization closely allied with problems that occur with under-priviledged and minority immigrants.
  
  
• KOL: Knowledge of Life in the UK. This is a test given to applicants for permanent residence (ILR). See Life in the United Kingdom test
  
  
• LLE and ILE: Limited Leave to Enter and Indefinite Leave to Enter. These are two types of entry clearances. ILE bestows permanent residence once the holder arrives in the UK.
  
  
• LLR and ILR: Limited Leave to Remain and Indefinite Leave to Remain. Two types of visas issued by either the Home Office or the Immigration Service (LLR only). ILR bestows permanent residence on the holder. LLR is most commonly issued by a black, pentagonal stamp in the passport.
  
  
• NIN: National Insurance Number. See National Insurance
  
  
• OISC: Office of the Immigration Services Commissioner. The UK regulator for immigration advisers.
  
  
• PBS: The Points Based System. The replacement for all prior forms of economic immigration.
  
  
• PEO: Public Enquiry Office. Offices that receive and process immigration applications. The IND has Public Enquiry Offices in Glasgow, Liverpool, Birmingham, and Croydon.
  
  
• Singh: Shorthand for The Queen v Immigration Appeal Tribunal et Surinder Singh, ex parte Secretary of State for Home Department. The decision, in part, reads The spouse must enjoy at least the same rights as would be granted to him or her under Community law if his or her spouse entered or resided in the territory of another Member State.
  
  
• T1: Tier One of the Points Based System. The category under which highly skilled workers immigrate to the UK
  
  
• T2: Tier Two of the Points Based System. Skilled workers with a job offer to fill gaps in United Kingdom labour force (formerly work permits
  
  
• T4: Tier Four of the Points Based System. Students (formerly student visas)
  
  
• T5: Tier Five of the Points Based System. Youth mobility and temporary workers
  
  
• UKBA: United Kingdom Borders Agency, formerly the Borders and Immigration Agency, formerly the Immigration and Nationality Directorate
  
  
• VAC, VFS: Visa Application Centre and Visa Facilitation Service. Contractors with whom the Foreign Office has outsourced the handling of visa applications. These centres receive applications from the public and assign them a unique tracking number so that the applicant can use the internet to trace the status of a given application. The centres then deliver the applications to the consulate (each application is sealed in a plastic envelope and a bar-code label is affixed to it), and return to pick up the passports for delivery back to the applicant. The introduction of VACs and VFSs has made the application process more accessible to those in remote locations. VACs/VFSs also provide a preliminary screening of the evidence to be submitted with each application. The Centres charge a fee over and above that charged by the consulate, but we think it's good value for money.
  
  
• VAF1, VAF4: Visa Application Form. The VAF1 form is for visitors and other short-term entrants, and the VAF4 form is for settlement.
  
  
• Visa national, non-visa national, and designated national: The BIA places each country into one of these categories. Visa nationals cannot enter the UK for any purpose, including tourism, without an entry clearance. Non-visa nationals can generally enter as visitors (also family visitors and business visitors) for short periods of time without an entry clearance (their leave to enter is issued by the Immigration Service at the port of entry). Designated nationals do not need an entry clearance for short visits, but do need an entry clearance for longer stays. NOTE: whether an entry clearance is needed or not, all of these categories require a valid passport in order to enter the UK.
  
  
• WTR and OTR: Within the rules and Outside the rules. An application to BIA falls into one of these categories. Within the rules applications are those that comply with the published rules and are relatively straight-forward. Applications made outside the rules do not meet the criteria or fall short in some other way. The BIA has target processing times for WTR applications. OTR applications take longer and are generally not as successful as WTR applications.
  
  
• YMS:Youth Mobility Scheme. An alternate name for Tier 5 of the PBS.
  
  

British consulates vary widely in staffing and capability, and there is no single answer to this question. We can, however, discuss a generic process that includes most of the steps an application would take.

Applications arrive at a consulate in a number of different ways: a VAC, an internet application form, by post, or in-person. The date the consulate receives the application marks the beginning of its official processing time, which runs until a decision has been reached. Processing times are an agreed upon level of performance and are reported to Parliament. A typical performance level might be stated as "to reach a decision on 80% of all applications within 20 working days".

All applications are logged in to the Proviso System. This is a world-wide network of past and current applicants. Each application is given a unique reference number so that it can be recalled from, and updated in, the Proviso System.

Postal applications are opened by an ECA (Entry Clearance Assistant) and witnessed by a second ECA.

A senior member of the government may intervene at this point to give an application a "facilitation". When this happens, an entry is made in the Proviso System and a decision is made immediately.

If the application is for a category that does not attract the right of appeal, it may be selected as part of sample to be forwarded to the Independent Monitor. The Independent Monitor makes an annual report on refused applications where there is no right of appeal; and the report addresses whether or not the rules are being applied fairly.

The application may be selected for analysis by one of the Risk Assessment Units. These units identify forged documents that are submitted as evidence for an application (bank statements, marriage licenses, and travel papers for example). Risk Assessment Units are located within large consulates where there has been a history of applications containing forged evidence.

If an interview is needed, it is scheduled and conducted. During the interview, the ECO may announce that the application has been successful, or the ECO may opt for a break to consider the decision further. Most applicants are told to return later that day to learn the decision and to retreive their travel documents. In fast-track countries, the interview may take place on the telephone and the applicant is informed of the results by email.

If the ECO decides the application is to be refused, a GV51 form is prepared which explains the rationale. GV51 forms usually carry the suffix LRA (limited right of appeal) or FRA (full right of appeal) or no right of appeal.

Refusals of non-appealable applications are further reviewed by the ECM - usually within 24 hours. Once a consulate has issued a refusal in this category, it cannot be reversed and the only course of action is for the applicant to submit a fresh application.

If the refusal attracts the right of appeal, the appeal forms are attached to the GV51. The consulate will not reverse a decision in this category without seeing the appeal forms filled out, but may later reverse its decision within the 28 day window if the appeal forms provide a reason to do so. Failed applications are sent to the AIT for processing.

Finally, The Visa Services Directorate issues an annual report on the number of successful and failed applications which is tallied by consulate, desk, and region. The report is available on the FCO web site. Consulates report their adherence to agreed upon performance levels in a separate document.

• Maintenance. All entry clearance applications must demonstrate that the applicant will not require access to public funds. This normally takes the form of bank statements and salary slips from the sponsor, and sometimes a co-sponsor is needed to clear this hurdle. Frequently asked questions about this hurdle include...
  • How much savings is enough?
  • Can the applicant and the sponsor combine their evidence?
  • Which counts more: Savings or income?
  • My fiance/spouse is getting child benefit (or other benefit). Will this affect my application?
  • Should I have a job before I apply?
• Accommodation. The applicant needs to demonstrate that their presence here will not result in overcrowding (as defined by the Housing Act of 1985 and 1996). For visitors, this usually takes the form of a hotel reservation or a letter of invitation from a sponsor. But for settlement applications, the rules are more stringent. As a guideline, the ECO will often refer to the IDI's (Chapter 8, Annex H) which contain a table listing the acceptable number of occupants versus the number of bedrooms. Again, it is not uncommon for young couples to rely on their parents to clear this hurdle. The evidence needed is usually something that shows the sponsor has exclusive access to a dwelling (or part thereof), this would include a lease, tenancy agreement, mortgage, or deed. In the event that the accommodation is owned by a landlord, his permission to allow another occupant is also required. For fiance and spousal applicants, the minimum requirement is to have exclusive access to their own bedroom. And finally, although less of problem in these times, the accommodation must be cleared as a livable premises and fit for human occupation. Frequently asked questions about this hurdle include...
  • My fiance (or spouse) lives in council housing and the council does not provide letters of permission. What can be done?
  • How can it be shown that an accommodation is spacious enough to include another occupant?
  • How long can co-sponsorship be used to meet the rules? Is there a requirement to be independent of co-sponsors in the future?
• Credibility. This is undoubtedly the most stressful hurdle for many applicants. Credibility is not only ubique to all parts of the application, but also takes a number of external factors into account. A job offer letter to a spousal applicant, for example, may not be seen by the ECO as authentic and thereby raise a credibility issue with the entire application. Another example would be a student applicant who wishes to take an English course, but appears to speak fluent English. This would cause the ECO to think that the application was not genuine and cause the entire application to have credibility problems. And of course the applicant's immigration history plays a big role in establishing credibility. A first-time visitor from a visa-national country will have a more difficult time than someone who has travelled to the UK and who has built up a track record of compliance. Frequently asked questions in this area would include...
• How much does a prior refusal at a port of entry affect an application?
• Does a poor immigration history as a visitor affect a settlement application?
• How long a relationship is necessary before someone can apply successfully as a fiance? a spouse?
• Intent. This hurdle has attracted the most media attention in 2004 and 2005, especially with respect to so-called sham marriages. The "intentionality" hurdle addresses the applicant's motivation for coming to the UK versus what they have declared on their application. For visitor applications, this challenge of this hurdle is to present evidence of not intending to settle in the UK. For settlement applications, the applicant needs to convince the ECO that their marriage (or other reason) is genuine, and that they intend to live together as a married couple. Countries where intent plays strongly in the decision process are visa-national countries, typically poorer or developing countries. Countries where intent is less of a concern are "fast-track" countries, where the applicant applies over the internet and may have a short telephone interview.