Sunday, January 4, 2009

Information for Sponser in UK Visa

This leaflet give details what the Immigration Rules say about how you may sponsor someone, what you can do to support the application, and how the visa application process works in Africa.

What do the Immigration Rules say?

The Visa Officer must be happy that the person applying for the visa meets certain criterion. The legal standard of proof that the Visa Officer has to work to is the balance of prospect. This means that the Officer does not have to be 100% certain that the applicant meets the criteria, but s/he has to be satisfied, on balance, that they do.

The Immigration Rules make it clear that it is the applicant’s intentions and circumstances which are the most important aspect of the application, although sponsorship is always taken into account.

How should the interviewee and I prepare the interviewee?

Visa Officers intense to make decisions without interviewing applicants, and so it is vital that applications are properly documented when they are submitted. If the appropriate documents are not submitted, the application may be refused without an interview. Please make sure that all supporting papers are included with the application, and are not sent, or faxed, to us separately. If you, or the applicant, want to submit documents which are not in English, we strongly advise you to get them translated before making the application, as this helps the Visa Officer to make his choice. It is important for the Visa Officer to have all the relevant information before he or she reaches a decision. Whilst the evidence that sponsors provide in support of an application is important, it is not necessary for you to accompany the applicant to the High Commission, if they are invited for an interview. If you do go to the Visa Department, the Visa Officer may not ask to speak to you, unless he or she needs to clarify certain points.

Please note that you do not need to have any letters, or supporting documents, attested before a solicitor or Commissioner for Oaths.

How are applications processed?

Entry permission Officers, who are posted for 3 years from Foreign Office and Home Office departments in the UK make decisions on applications. They are professional and highly trained, and work alongside locally engaged South Africa-based) staff who have extensive experience of the UK’s immigration requirements; local cultures; and local languages. Only Visa Officers are authorised to make a decision on a visa application, and they do this by assessing the papers carefully, and often by interviewing applicants, using an interpreter where required. If a Visa Officer refuses an application, this decision is generally reviewed by an Entry Clearance Manager on the same day, before the papers are returned to the applicant.


How long does it take?

We advise that you allow at least 3 months for settlement visas (if you are applying to live in the UK) or a month for non-settlement visas (all other types of applications). We aim to process straightforward applications within 5-10 working days of receipt at the High Commission, but we cannot guarantee to do this.

What if the visa is refused?

Visas can be reject because the applicant has not provided sufficient evidence; does not meet the requirements of the Rules or because – for whatever reason - has not been honest. Remember that the Visa Officer has to be satisfied, on a balance of probabilities that the applicant qualifies for a visa. It is simply a waste of money to apply without providing enough, or correct, evidence. Don’t assume that the Visa Officer knows anything of your circumstances – it is up to you, and your visitor, to provide as much evidence as you can to support the application.
If the application is refused, your visitor will be given a written notice of refusal, which will explain the reasons for the Visa Officer’s decision. Certain types of visa refusal attract a right of appeal, and information about this will be included with the refusal notice if appropriate. If there is a right of appeal, then the visitor has the right to lodge a formal appeal against the Visa Officer’s decision within 28 days. Where there are exceptional or compassionate circumstances they will be fully considered by the appeal authorities. If the appeal is dismissed under the requirements of the Immigration Rules, but the Immigration Judge makes a special recommendation that entry clearance be granted, you may ask for the case to be looked at again.

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