Post
by batleykhan » Wed May 20, 2009 8:11 am
Here are extracts from the guidance notes that ECO uses when interviewing people. This should give you an indication what they are going to ask. No two interviews are the same as peoples circumstances are different. Just try to be honest and truthful at all times. If you dont know answer dont make it up
13.17 - Interviewing
If the sponsor accompanies the applicant, they should always be interviewed separately (although see below).
Treating the applicant fairly
You should be careful and courteous while interviewing an applicant or sponsor.
Some "dos" and "don’ts" for conducting balanced interviews: 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/civil partnership (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/civil partnerships 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/enter a civil partnership 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/civil partnership.
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 primacy 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 or her. These applications have a right of appeal against the ECO’s decision and an explanatory statement will have to justify a decision to refuse.
