The above texts, I extracted today from the UK Visas, handbook issued to Entry Clearance Officers, these are effectively the guidelines that ECO's should work to when seeking to issue a visa, and to either issue or refuse a visa, as you can all see, they dont seem to be following the rules, look at what I found !!!


DO

Express questions directly and clearly in terms which the applicant will understand. Take extra care when an interpreter is being used.

Ensure that the applicant is fully aware of those topics which are relevant to the application and will be taken into account in considering the application.

Put to both parties any contradictory statements between the applicant and sponsor or adverse inferences from an applicant or sponsor’s statements and invite their comments.
AVOID

Steering the applicant to a particular answer.

Using hypothetical situations in questioning.
DON’T EVER

Question either party about their views on starting a family or about their sex life

Chronology of events in the relationship
In settlement interviews, you will find it useful to ascertain the sequence of events in the relationship of the couple. You should find out when the couple first met; if there was an intervening period before the relationship became properly established, how long this was; when was marriage (or engagement) first discussed; and when was the decision to live in the United Kingdom made.

This information provides an important factual base for assessing potential marriages of convenience and the intention to live together. By asking these questions of the applicant and sponsor individually, you will often be able to gauge the attitudes of both parties to their relationship.

Line of questioning
You will need to question the applicant (and if possible the sponsor) on a number of matters such as:
the applicant’s circumstances and prospects in his or her own country;
whether the applicant has previously attempted to settle overseas;
whether the applicant has any relatives in the United Kingdom;
the background to the decision to marry e.g. discussion between applicant and sponsor or, if appropriate, their respective families; what discussions took place (and between whom) as to future place of residence;
the sponsor’s family circumstances and any previous connection between the families;
the relevance of the sponsor’s residence in the United Kingdom to the marriage.


The above list is not exhaustive but it should give ECOs some idea of the factors which may need to be considered. Obviously it will not be appropriate to question all applicants on all of these factors. Common sense should dictate in each case whether a particular subject is appropriate. The circumstances of an individual applicant may suggest factors which are not listed but which should be considered.

Recording the interview
It is essential that the actual questions and answers leading up to and including the critical points of an interview are accurately recorded and that the report includes interview notes. These should be typed if possible. You should bear in mind that accuracy is paramount. The report of the interview may be challenged in a public hearing in connection with an appeal against a refusal decision.

Considering the evidence
What applicants say about their reasons for seeking entry clearance must be of the first importance, although the weight to be given to the various pieces of evidence in any particular case is for an ECO to decide. In some circumstances the views of not only the sponsor but any other parties who may have been instrumental in bringing the applicant and sponsor together may be relevant. It is important that whilst maintaining the paramountcy of the applicant’s intentions, the intentions and evidence of other relevant persons are considered and given their due weight. You are not restricted to considering only such evidence as the applicant chooses to offer. You may make enquiries of your own to balance the evidence which an applicant has put forward.

In considering the evidence, it may be appropriate for you to defer the application to enable the sponsor to be interviewed by the Immigration Service in the United Kingdom. However, this should only be done in exceptional cases as such enquiries may take a considerable time to complete. ECOs should, where possible, try to reach a decision on the available evidence.

If there is a conflict of evidence between the applicant and the sponsor, and it appears that on the applicant’s side there is no intention of living permanently with the sponsor, the applicant will have failed to discharge the onus of proof and the application should be refused. Where such a conflict of evidence does arise it is important, in the interests of natural justice, that any discrepancies are put to the applicant and/or sponsor, if appropriate, and the applicant should be asked to account for such discrepancies as may exist.

Reaching the final decision
The burden of proof is on the applicant to satisfy the ECO that he or she meets the requirements of the Rules. In discharging that proof the applicant need only do so "on a balance of probabilities". You should weigh up the evidence before you as a whole, allowing for points both in favour of an applicant as well as any that may go against him. These applications have a right of appeal against the ECO’s decision and an explanatory statement will have to justify a decision to refuse.




13.16 - Sponsor's Attendance at visa interviews
A consistent approach is needed to ensure that all Posts offer the same advice to sponsors who ask to attend visa interviews. Current policy is that Posts have discretion on whether or not to admit sponsors to interviews. There is no blanket ban on sponsors attending. Equally they have no automatic right to attend. It is preferable to conduct the interview with the applicant alone, seeing the sponsor separately if necessary. ECOs should, therefore, draw on the following when sponsors make such requests:


If a sponsor wants to speak to an ECO it can help to do this seperately from the interview with the applicant. This jelps ECO's to verify that the information presented by both is consistent;

in considering an application, ECO's must concentrate on the circumstances and intentions of the applicant. Information from (and support of) a sponsor can be very helpful, e.g. when assessing maintenance/accommodation. It should be given full weight, but will rarely impact on the intentions of the applicant;

Posts may encounter reluctant applicants (e.g. spouses, fiancé(e)s, domestic servants). In order not to compormise the confidentiality and safety of such applicants, ECO's usually ask to see them on their own. Maintaining a standard procedure for all applicants ensures an even handed approach and avoids drawing attention to the cases where reluctance i believed to be a factor.
Local visa information handouts should include the following advice:

sponsors are not required to attend visa interviews overseas. In most overseas Posts it is standard practice for visa applicants to be interviewed alone, without the presence of sponsors, representatives etc.;

if they choose to accompany the applicant to the Visa Section, sponsors might not be interviewed unless the Visa Officer decides that certain points need clarification;

at the discretion of the ECO sponsors or representatives (e.g. solicitors) may be permitted to attend an interview with an applicant, but will be given observer status only.They may make notes but should not intervene.
Posts are reminded that it may, of course, in some cases be useful to take the opportunity of the sponsors presence to conduct a separate interview. Interviews with sponsors should not become the norm.However, Posts should meet requests from accompanying sponsors who ask to speak to the ECO dealing with the application.