ISLAMABAD
General Background
46. Pakistani nationals have required visit
visas for the UK since 1986. Many Pakistanis have relatives settled
in the UK and consequently there is a higher number of settlement
applications made at Islamabad than at any other Post in the world.
The majority are from the Mirpur region (in Pakistan-administered
Kashmir) or from the Punjab. The other visa issuing Post in Pakistan,
Karachi, processes mainly visit applications.
47. In staffing terms Islamabad is our largest
Entry Clearance Post in the world. The Section is headed by a
First Secretary who devotes 90 per cent of his time to visa work.
There are four ECMs, at present one from the FCO, two from the
Home Office and one Home Office officer employed on LE terms,
and 26 ECOs, 10 from the FCO, 16 from the Home Office and one
LE Expatriate spouse. There are also two Registrars and a total
of 67 Locally Engaged support staff. An organogram of the Entry
Clearance Section is at Annex I.
48. In 1996 Islamabad received around 39,300
applications for UK visas (2.78 per cent of the total) of which
approximately 20 per cent were for settlement. Thirty per cent
of all applications were refused (12.7 per cent of total refusals).
From January to November 1997 the Post received 34,146 applications—a
6 per cent drop overall on 1996, largely due to a six-week closure
of the Immigration Section during the summer months—see
below. Settlement applications for spouses have risen, particularly
since the abolition of the Primary Purpose rule in June 1997.
A summary of the 1996 figures is at Annex J.
49. As a large number of settlement applicants
are from the Mirpur District, it has sometimes been suggested
that we should open an office there. This would require substantial
resources which would be difficult to find. There would also be
political complications in operating in "Azad Kashmir"
whose sovereignty HMG does not recognise. An alternative would
be the holding of regular immigration clinics by staff visiting
from Islamabad. We have not so far been convinced that the benefits
would outweigh the resource difficulties. We should welcome any
views the Sub-Committee may have on this issue. (See also paragraph
73.)
Islamabad: Recent Problems in the Immigration
Section
50. 1997 was a very difficult year for the Section
particularly because of the failure of the IT and staffing problems.
51. The computers in the Immigration Section
failed on two occasions; from 2-20 May and from 16 June to 13
July. The first failure was due to hardware problems. The second
crash was as a result of the manufacturers' local agents who caused
the system to fail during routine maintenance. During these two
periods no data from new applications could be entered and no
searches for data relating to applications in the system could
be made. The Section was therefore unable to process applications
although scheduled interviews did take place. The failures came
at the same time as the change in the Immigration Rules abolishing
Primary Purpose. This compounded the problem, which resulted in
severe inconvenience to both applicants and sponsors.
52. The Section faced a surge of applications
after reopening to the public. Applications were 20 per cent up
in August and over 50 per cent up in September, compared with
the same months in 1996. The increase covered not only visit applications
but also applications from those re-applying as a result of the
abolition of the Primary Purpose rule. There were knock on effects
for the Section, including correspondence processing, visa writing
and data entry. The correspondence processing related mainly to
queries from MPs, which rose substantially as sponsors in this
country chased applications affected by the closure of the Section.
53. These problems were exacerbated by the fact
that, for a large part of the year, the number of ECOs was below
full complement. Similar problems arose with the Locally Engaged
staff, with leave absences not covered and slots not filled when
incumbents left. Insufficient numbers of staff in key areas caused
backlogs. It became difficult to trace files, correspondence was
delayed etc.
Islamabad: The Working Environment
54. Staff working in the Immigration Section
come under constant pressure to speed up or facilitate applications.
Staff also need to be alert to the high incidence of forgery and
corruption. This combination produces an exceptionally difficult
and stressful working environment.
Islamabad: Forgery
55. According to the latest Forgery Report prepared
by the entry clearance section in Islamabad, the use of forged
and fraudulent documentation is considered to be rife in Pakistan.
There is evidence of widespread use of forged and fraudulent documentation
to support applications for entry clearance. This poses serious
difficulties for the ECO who has to assess the documentation.
Areas where ECOs regularly encounter fraudulent documentation
are with medical and business applications, papers relating to
financial background and UK documentation. Forged or fraudulently
obtained visas and passports, including UK passports, are also
regularly encountered.
56. The Immigration Section has a dedicated
forgery team who liaise with local authorities, airlines, and
other Diplomatic Missions (particularly the Canadians and Americans).
The team has a dedicated Forgery Room and good equipment.
Islamabad: MPs' Representations
57. Islamabad accounts for nearly a third of
the representations MVD receive from MPs on individual visa cases:
2,405 out of 7,581 between May and December 1997, though a considerable
number of these letters were prompted by the closure of the Section
for the periods mentioned in paragraph 49 above. A number of MPs
believe that some refusal decisions taken in Islamabad cases are
unjustified and that in some cases Refusal Notices have been badly
worded. In reviewing cases internally MVD have found refusal decisions
which are not well supported by the wording of the Refusal Notice
(Ref 1).
Islamabad: Abolition of Primary Purpose
58. Since the abolition of the Primary Purpose
Rule in June 1997, ECOs must be satisfied in assessing applications
from spouses that the parties to the marriage have met, are not
under 16, intend to live together permanently as husband and wife
and that there will be adequate maintenance and accommodation
in the UK without additional recourse to public funds. The ECO
must be satisfied, however, that both parties to a marriage are
willing. Assessment of applications is generally easier since
the abolition of Primary Purpose rule, but there are still instances
where the Rules requirement of intention to live together may
not be met, resulting in refusal, subject to a right of appeal.
In the short term, the effect of abolition of the Primary Purpose
Rule has been a marked increase in applications for settlement
visas from those previously refused.
Islamabad: support and accommodation—Public
funds
59. With the abolition of primary purpose, failure
to meet support and accommodation requirements now accounts for
the majority of settlement refusals. A particular problem in Islamabad
has been interpretation of concessions that, for an applicant
to meet the "public funds" requirement of the Rules,
the ECO should be satisfied if the applicant can show that there
would be no additional burden on public funds if admitted.
This means that providing sufficient funds are available (whether
from public or private/earned sources), the maintenance requirement
of the Rules is met, providing that the public funds are the sponsor's
and not the applicant's entitlement. This is a continuing
source of dispute with solicitors—the key point is that,
in many cases, the totality of funds available is deemed insufficient
to support the applicant in any case. In assessing accommodation,
solicitors have expressed concern that ECOs too often ask for
local authority confirmation that accommodation is satisfactory—something
that they are increasingly reluctant to provide on cost grounds.
Our guidance to ECOs asks that they only make such requests exceptionally.
Islamabad: DNA testing
60. In most applications from children to join
parents in the UK, free DNA tests are offered (around 450 a year
in Islamabad). This system of voluntary DNA testing, in place
since 1990, has worked well. Around 15 per cent of applications
are refused following DNA testing, but there are very few complaints.
Islamabad: Asylum
61. In 1997 there were 1,615 asylum applications
by Pakistani nationals (5 per cent of all asylum applications
received). Of the 2,925 decisions made on cases in the same period,
2,870 were refused, 10 were granted asylum, and 45 given Exceptional
Leave to Remain. The majority of asylum applicants base their
claims on religious grounds (Ahmadis and latterly Christians)
or membership of political parties (e.g., the MQM).
Islamabad: Recent Ministerial Visit
62. Baroness Symons (PUSS, FCO), and Mr O'Brien
(PUSS, Home Office) paid an official visit to Islamabad from 7-9
January. Mr O'Brien also visited Karachi, New Delhi and Dhaka.
Baroness Symons had previously visited New Delhi in September.
This joint Ministerial visit sought to examine the staff and IT
problems in Islamabad outlined above, which have affected the
operation of the Entry Clearance Section over the last nine months
or so, and which have prompted a significant increase in the number
of MPs representations on individual visa cases.
63. The visit to Islamabad enabled the Ministers
to see at first hand the operation of the visa section and the
problems they face. The visit confirmed the need for urgent action
to tackle problems in a number of key areas, such as staffing,
IT, and the organisation and working methods in the section. Work
is already underway on some of these issues, as outlined below.
On others, details of the Ministers' findings were passed to the
FCO Inspection team who are visiting Islamabad from 14-28 January
(see under Action Points below). The Inspection team will produce
a detailed Action Plan on the way ahead. Ministers are determined
to adhere to the Government's commitment to a firmer, faster and
fairer immigration system.
Islamabad: Action taken to tackle specific problems
64. The following action has already been taken,
or is planned, to tackle the problems in Islamabad:
(a) Management and operations: A supernumerary
IS Inspector (The Entry Clearance Systems Co-ordinator—ECSC)
has been sent to post for 3-6 months to look specifically at improving
working practices and making best use of computer technology.
(b) Inspection: The Entry Clearance
section is currently being inspected by an FCO Inspection Team.
This includes two officers from MVD who will be looking in detail
at all aspects of staffing and other key areas. An Action Plan
to tackle the key areas of weakness will be formulated by the
Inspection team, assisted by the ECSC, and agreed with post management
and the Section. This will also take account of the outcome of
the recent FCO/HO Ministerial visit to Islamabad mentioned above.
The Plan will then be implemented by post with the assistance
of the ECSC, and with the full support of the FCO and Home Office
departments involved:
(c) Computers: The current QUICKFIRE
system was rapidly developed and installed as an interim solution
once it became clear that the problems of the existing UNIX-based
system (SECUD 2) could not be resolved satisfactorily. The more
sophisticated Windows-based system (FIRECREST)—referred
to above—using new entry clearance software (VIP), will
be installed in the autumn (avoiding disruption in the busy summer
season).
(d) Staffing: The FCO attaches a high
priority to filling EC slots in Islamabad with able staff. It
works closely with the Home Office to ensure effective co-operation
in filling vacant slots. Arrangements are being put in hand to
minimise any gaps between postings.
(e) Morale: Staff from the FCO's Training
Wing visited Islamabad in October 1997 to run training in defusing
conflict and managing stress. A further visit is planned for early
1998. Action is being taken to improve staffing and IT should
also contribute to an improvement in morale.
(f) Training: In reviewing the content
of training courses for ECOs and ECMs, MVD will examine in particular
any additional requirements for staff posted to the Indian sub-Continent.
NEW
DELHI
General Background
65. Indian nationals have required visas since
1986. There are four entry clearance issuing posts in India: Calcutta,
Madras, Bombay and New Delhi. Bombay processed 54,024 applications
from January-November 1997 and New Delhi 51,462. New Delhi deals
mainly (96 per cent) with non-settlement applications. A summary
of the 1996 figures is at Annex J.
66. Migration and Visa Division carried out
an operational review of the immigration section in New Delhi
in December 1997. They found it efficient, well managed and with
well motivated UK Based and LE staff.
New Delhi: Staffing
67. In terms of staffing, New Delhi is one of
the larger entry clearance posts. The section is headed by a First
Secretary with two Entry Clearance Managers and 12 Entry Clearance
Officers (ECOs). There is also an Airline Liaison Officer, (an
Immigration Service Officer). There are 39 locally engaged (LE)
members of staff. An organogram of the Entry Clearance Section
is at Annex K.
New Delhi: Entry Clearance Operation
68. Most non-settlement applications are processed
within 24 hours. In straightforward cases visas are issued on
the day of application. The immigration Section are moving towards
a greater use of a "non-present application" procedure.
This allows applicants who have travelled to the United Kingdom
within the last five years to deposit their applications at the
Immigration Section for consideration on papers. The ECO can interview
if necessary. Post are considering extending this facility. The
aim is to provide a more efficient service to low-risk applicants,
so that resources can be more carefully targeted.
New Delhi: MPs Representations
69. Between May and December 1997, the Correspondence
Unit in MVD received 980 MPs' representations on New Delhi, 13
per cent of the total.
New Delhi: Forgery and fraudulent documentation
70. In New Delhi and the other Posts in India,
the use of high-quality forged and fraudulent documentation is
widespread. ECOs therefore have to be particularly careful when
considering documentary evidence. Four of the ECOs in the Immigration
Section in Delhi specialise in the detection of forged and fraudulent
documents, and train other members of the section.
New Delhi: Airline Liaison Officer
71. New Delhi has one of the 6 Home Office Airline
Liaison Officers (ALO), currently deployed. He works very closely
with the Immigration Section on forgery matters and is closely
involved in training airline staff to help detect forged and fraudulent
travel documentation.
New Delhi: Computers
72. New Delhi's present computer system, the
UNIX-based software, SCUD II is proving slow and cumbersome. The
Immigration Section are due to receive the FIRECREST NT system
in the autumn of 1998, following the busy summer season. This
will allow the Visa Integration project (VIP) software package
to be deployed. VIP should improve both the speed and efficiency
of the entry clearance operation.
New Delhi: Opening of an Entry Clearance Office
in Chandigarh
73. We receive requests from time to time to
open an entry clearance office in Chandigarh (Punjab). The British
Council are opening an office in Chandigarh and the Commercial
Section of the High Commission may establish a presence there.
However, for logistical and cost reasons we
have no plans to open an entry clearance office in Chandigarh.
The majority of applicants come from the Ludhiana and Jalandhar
areas rather than from Chandrigarh. No other countries have visa
issuing offices in Chandigarh. As mentioned in paragraph 49 on
Islamabad, an alternative proposal has been to hold entry clearance
clinics three or four days a month. We have not so far been convinced
that the benefits would be sufficient to justify the costs involved.
We would welcome any views the Sub-Committee may have on this
issue.
New Delhi: Recent Ministerial Visits
74. As mentioned in the Section of this Memorandum
dealing with Islamabad, Mr O'Brien (PUSS, Home Office) and Baroness
Symons visited the Post at New Delhi in January 1998 and September
1997 respectively. On both occasions the visiting Ministers were
impressed with the Entry Clearance operation which they found
to be well managed and effective.
