Dear Jake,

REQUEST FOR INFORMATION UNDER THE FREEDOM OF INFORMATION ACT 2000.

Thank you for your e-mail of 12 March in which you made the following request for information in relation to the reasons behind our visa decisions in Morocco, in particular, spouse settlement visa are refusals.

This request falls to be processed under the Freedom of Information Act 2000.

Please see the information following, with the answer to each question as asked.

Q1. Do you compile any statistics as to the reasons for refusal?     

A1. No

Q2. Do you compile statistics which convey for example refusal on the grounds of a sponsor in UK being overdrawn as being a factor for refusals? 

A2. No

Q3. To what extent is this a factor in refusal and more importantly, how do ECOs arrive at this decision? 

A3. The rules state that “the parties should be able to maintain themselves and any dependents adequately without recourse to public funds.”  Overdrafts are taken into account but this would not necessarily be detrimental to the application as a whole. All the financial documentation submitted with the application will be considered.   An ECO has to be satisfied that the application meets the rules and if they are not satisfied that all or some of the rules are met the application will be refused.

Q4. What policy and guidance and training do ECos receive in rerlation to establishing what constitutes the level of a sponsors income is required in order to arrive at a decision that they feel that a sponsor is unable to support (sic) an applicant (sic)? 

A4. ECOs attend an intensive three-week course designed to enable officers to deal confidently and competently with entry clearance work. Emphasis is placed on developing interviewing and drafting skills, and the ability to elicit and analyse information required to reach a fair and lawful decision, in accordance with the Immigration Rules.

On completion of the course ECOs will be able to:

Organisational Benefits

Officers will be able to make consistent and fair decisions based on the relevant legislation, in order to maintain a high quality service and the integrity of the Immigration Control.

Q5. What is the de minimis (minimum) level which the BIA feel that a sponsor should be able to have in availiable funds and over what period of time is the requirement? is this the what the law says in relation to what they state in the minimum is reuired i.e. income support at £63.40 per week? is this what the BIA feel is the amount which constitutes this?

A5. Applicants are expected to be conversant with the rules and conditions relating to the category that they are applying under. To help with this, UKBA have provided information on their website which includes full details of what is required to be submitted in support of applications and includes information as to what  financial documentary evidence is required for all applications including settlement applications. This is to enable Entry Clearance Officers to have as much information as possible in order to consider the application and be satisfied that the immigration rules are met.  Currently there is no set amount required under the settlement routes in the same way as there are in applications under the Points Based System but all applications for entry clearance are considered on their individual merits and in accordance with the immigration rules. An application for settlement if refused does give a full right of appeal when the appellant can address all the concerns made in the notice of refusal.

 
Q6. What proportion of settlement (spouse) visas are refused on grounds of this concept of 'not being able to support and accommodate the applicant (sic)? 

A6. No statistics available.  To answer this would exceed the cost limit as we would need to go into each refused application.


Q7. Can you supply information in relation to the competency of ECOs which are in your employ, in terms of there level of training received, their ability to perform simple functions , for example to make a decision based upon real evidence? 

A7. Please see response for 4.

Your request for personal information has been considered in line with the UK Border Agency's obligations under the Freedom of Information Act. However, it has been concluded that the information you have requested is exempt under Section 40(3) of that Act. Section 40(3) of the Freedom of Information Act states that this disclosure would breach the Data Protection principles and therefore we cannot supply the information you have requested.

If you are dissatisfied with this response you may request an independent review of our handling of your request. Internal review requests should be submitted within two months of the UK Border Agency sending a substantive reply to your original request and should be addressed to:

Information Access Policy Team

Freedom of Information Team

11th Floor - Short Corridor
Lunar House,

40 Wellesley Road
Croydon
CR9 2BY

During the independent review, the department's handling of your information request will be reassessed by a member of staff that was not involved in providing you with the response.

Yours sincerely

Cliff Brown

Visa Services Directorate