Chapter 6 - General matters related to an entry clearance section

6.1	Need for confidentiality
6.2	Complaints against the UK Border Agency
6.3	Handling correspondence
6.4	Co-operation - in-house and with others - on immigration matters
6.5	Details of all forms, leaflets, stamps etc and where to get them
6.6	Issuing an entry clearance vignette or Certificate of Entitlement
6.7	What to do when a Post closes

Practical guidance on running an Entry Clearance Section is set out in the “Best Practice” Manual.

6.1 - Need for confidentiality
ECOs should not reveal to unauthorised persons any information obtained in the course of their official duties. This is particularly important in asylum cases where, if asked, the ECO should normally say that it is not Government policy to comment on individual applications of any sort. If pressed, an asylum applicant should only be referred to as having applied for leave to remain in the UK.

Similarly the details given on an Entry Clearance Application Form by an applicant are treated in confidence, subject to the caveat on the VAF1 form which points to information being disclosable to Government Departments/agencies. Request for application details from lawyers, immigration consultants or other third parties should only be complied with when it is absolutely clear that the applicant has given authority to do so.

There are however, circumstances when information can be released without the applicant’s permission. If you are asked to disclose information and you think that exceptionally this might be done you should refer to UK Border Agency, Visa Services Directorate for authority.

6.2 - Complaints against the UK Border Agency
If a Post receives a letter of complaint against a member of the UK Border Agency (e.g. relating to an incident at immigration control of a UK airport), it should be forwarded (mentioning any local sensitivity in the case) to the UK Border Agency Customer Focus Team, PO Box 1384, Croydon, CR9 3JY. The UK Border Agency Customer Focus Team will acknowledge the complaint. They will send the complaint to the relevant Assistant Director to arrange for the complaint to be investigated and a reply sent directly to the complainant. The UK Border Agency Customer Focus Team can give advice to the Post when needed. It is the responsibility of the Post to ensure that the complainant is kept aware of the progress.

6.3 - Handling correspondence
Letters from Members of Parliament
Letters from MPs should be acknowledged by the ECO, ECM, DHM or Head of Mission who should explain that a substantive reply will be sent by Visa Customer Services (VCS) of UK Border Agency, Visa Services Directorate. To enable VCS to give a proper reply, the original letter, a copy of the interim reply and any necessary background information and comment must be sent toVCS. ECOs and ECMs should ensure that the background and comments sent to VCS includes information that answers the MP’s specific questions.

It is vital to respond to VCS requests for information and observe deadlines, which may have been laid down by a Minister’s office.

The content of correspondence with an MP must not be disclosed to a third party unless authorised by the MP expressly in the correspondence or by his publication of it. Should an ECO consider supporting a case with an MP’s letter which might subsequently need to be revealed at an appeal and the MP has not given his/her permission, details should be sent to UK Border Agency, Visa Services Directorate who will decide, in consultation with Parliamentary Relations and Devolution Team, whether the MP should be approached for consent.

If an MP writes directly to Post purely in support of an application, Posts should send an acknowledgement and say that when the application is assessed, the letter will be taken into account together with all other available evidence.

Letters from members of the public, solicitors and other organisations
Letters from members of the public, solicitors and other organisations should generally be replied to direct by Post. If the letter raises matters of policy or it is considered inappropriate for the Post to reply (e.g. where exhaustive correspondence has proved inconclusive) it should be sent along with any relevant information to Visa Customer Services (VCS) for reply. Equally, if the Post has reason to believe that the FCO or the Home Office have already become involved, the letter should be acknowledged and the original letter should be sent to VCS along with a copy of the acknowledgement and any necessary comment and information.

6.4 - Co-operation - in-house and with others - on immigration matters
Entry Clearance Posts are encouraged to exchange with each other and London any information that may be of mutual interest. Similar co-operation may be extended to representatives of Commonwealth and other friendly countries.

For instance, there would be value in forewarning if an applicant had been refused by one Post and was thought likely to apply at another.

The UK Border Agency is interested in a wide range of problems and Posts are encouraged to contact them about any immigration question not related to wider policy issues (UK Border Agency, Visa Services Directorate or UK Border Agency Managed Migration Strategy and Review) or specific cases (ICD UK Border Agency). For information of specific interest to the IS the first point of contact should be the UK Border Agency Intelligence Service.

6.5 - Details of all forms, leaflets and where to get them
Visa application forms and website versions of visa leaflets are available on the 'Application forms and guidance' page on this website.

6.6 - Issuing an entry clearance vignette or Certificate of Entitlement
Issuing an entry clearance vignette

The issuing officer should always ensure that an applicant’s passport has adequate validity, normally at least six months, and is issued by an authority recognised by the UK (see Chapter 4) before endorsing it with an entry clearance.

There are four categories of visa/entry clearance.

• For Direct Airside Transit Visas (to be printed on a UFV sticker)
• For Visitor in Transit Visas (to be printed on a UFV sticker)
• For visit Visas (to be printed on a UFV sticker)
• For Visas and Entry Clearances in all other cases (except Certificates of Entitlement)

Entry clearance endorsements are given in the chapters of this volume relevant to the category of entry clearance applied for. Conditions regarding Leave to Enter can be found in Annex 1.2 (Chapter 1).

Issuing a Certificate of Entitlement
The passport in which the Certificate is to be placed should be checked at the time of application for validity and authenticity.

The issuing officer should insert the number of the passport in which the vignette is to be placed in the top left-hand box of the Certificate. The number should be clearly and heavily written so that any attempted alteration will be easily detectable.

The Certificate should be detached from the counterfoil, affixed to the top of the first available page of the passport and signed and dated by the issuing officer.

The official dry seal should be embossed on the bottom right-hand corner of the Certificate. If the dry seal does not bear the name of the Post, a stamp or seal with the Post’s name should additionally be placed close to the vignette.

The counterfoil is completed by entering the passport number in the top left-hand box, filling in the other requirements (name, citizenship of the applicant etc). At “category”, enter the appropriate part of Section 2 of the Act (as amended) under which the holder has the right of abode, e.g. 2(1)(a) 1981 for British citizens and 2(1)(b) 1981 for eligible Commonwealth citizens.

The application form should be boldly marked with the serial number of the Certificate.

Cancellations of entry clearances or Certificates of Entitlement
See Chapter 8 for guidance on cancellation of entry clearances.

See Chapter 3 on Right of Abode for guidance on cancellation of Certificates of Entitlement.

6.7 - What to do when a Post closes
In the event of temporary closure of a Post, (e.g. break in diplomatic relations) the residual staff or the British Interests Section of the mission of the protecting power should assume responsibility for all entry clearance material and records, whether or not entry clearance work is to continue. If responsibility is not or cannot be transferred, the material and records must be sent to UK Border Agency, Visa Services Directorate.

If closure is expected to be permanent, all material and records should be sent to

UK Border Agency, Visa Services Directorate. Copies of Entry Clearance DSPs should be destroyed.

In an emergency, the material and records should be destroyed and a certificate of destruction recording the serial numbers of all unused vignettes sent to

UK Border Agency, Visa Services Directorate.