Policy paper

Response to the ICIBI’s report ‘An inspection of the Home Office’s processing of family visas (October 2021 to May 2022)'

Published 18 October 2022

This was published under the 2022 Truss Conservative government

The Home Office thanks the Independent Chief Inspector of Borders and Immigration (ICIBI) for his report. The Home Office is grateful for the ICIBI’s engagement with stakeholders, customers and with the Home Office and commercial partner staff who operate UK Visa and Immigration’s Visa Application Centres.

Work is already underway to take forward the recommendations in this report to ensure that Visa, Status and Information Services (VSI) continues to meet not only its own objectives, but also to support the delivery of the Home Office’s broader aims in responding to the findings. We are also pleased to note that some of the proposed recommendations are already in train as part of our wider transformation work.

The Home Office fully accepts two recommendations and partially accepts two recommendations contained in the report.

The Home Office should:

The Home Office response to the recommendations:

1 a) Reduce the 6-month service standard to be more closely aligned with leave to remain applications on the same route (Appendix FM).

b) With a view to increasing efficiency and reducing decision waiting times, review and formalise the mechanisms for validating indefinite leave to remain (ILR) applications after biometrics have been submitted.

1.1 Partially Accepted

1.2 We commit to undertaking a review of service standards for marriage and family routes during 2022, to assess the feasibility of reducing the standard. We will review findings by March 2023. Timescales for implementation of any resulting change will need to take account of several factors, including operational and delivery impacts, particularly in the context of recovery post-covid and the ongoing conflict in Ukraine.

1.3 By March 2023, we will review and formalise the mechanisms for validating indefinite leave to remain (ILR) applications after biometrics have been submitted.

1.4 This review will include areas such as:

• Applications made on the incorrect route
• Use of enrichment tools such as Secure English Language Testing platforms
• Discussions with Atlas Product Owners

1.5 Once the review has taken place and it has been established what the best options are for validation, we will formalise the process and ensure all users are aware of the process.

2. In consultation with stakeholders, further improve the quality (ensuring it is fully comprehensive and user friendly) of the guidance, and its accessibility on the GOV.UK website, for applications under Appendix FM:

a. on the evidential requirements for an application

b. on any existing or future concessions or waivers.

2.1 Accepted

2.2 We will introduce a new approach to stakeholder engagement for Family and Human Rights applications.

2.3 This will include updates and feedback via:

• the Rules Committee
• the FBIS advisory groups (with a particular focus on the vulnerability advisory group)
• any subgroups of the advisory groups which will be set up as needed to consider particular issues in depth with a wider variety of expert stakeholders.

2.4 We will introduce new guidance across all Family applications. This will be phased in alongside the commencement of simplified Family and Private Life Immigration Rules. The first tranche of revised guidance was launched on GOV.UK on 20 June 2022.

2.5 This will include a new approach to evidence, through the introduction of a tiered hierarchy of evidence. Feedback on this guidance has been sought through the Rules Committee.

2.6 New guidance and policy products will be reviewed alongside stakeholders within 6 months of launch.

2.7 We will ensure that all guidance meets required accessibility standards for the users they are intended for.

3. Review and update the existing Equality Impact Assessment (EIA) for Appendix FM to understand the impact on applicants and their dependents who:

a. are on the 10-year route

b. fall off the family route prior to settlement.

c. reapply for further leave to remain when they would be eligible for indefinite leave to remain.

3.1 Accepted

3.2 Within 12 months of the launch of the 10-year Settlement application process we will review and update the Equality Impact Assessment for that route.

3.3 Equality Impact Assessments will be conducted individually in line with the phased implementation of the simplification of the family routes.

3.4 All Equality Impact Assessments will consider the impact on all potential users of the relevant route including those set out in the recommendation.

4. Ensure all notifications to vary leave and refusal decision letters include reasons for, and implications of, the refusal of ILR. These should be explained in plain, jargon-free English, including:

a. confirmation of which route they are on as a result of the decision

b. timescales for eligibility to make a further application for ILR.

4.1 Partially Accepted

4.1 We will ensure that all decision letters for applications where ILR has been refused include clear reasons as to why the applicant did not meet the ILR requirements by November 2022.

4.2 Where the applicant has been subsequently considered and granted further leave on a different route, for example an application is made on the basis of family life but is instead granted on the basis of a person’s private life (which currently has a 10-year qualifying period for settlement), we will ensure that all letters confirm the route the applicant is on and provide detail on making a further application for ILR. We cannot provide timescales for eligibility to make a further application for ILR as an applicant’s ability to continue to meet requirements met in a current application may change.

4.3 We will ensure that implementation includes appropriate consultation with relevant policy colleagues and is supported by any additional training requirements within 9 months. As part of wider continuous improvement mechanisms, we will continue to review letters to ensure they meet current and future requirements.

Reconsideration Policy

A valued aspect of the inspections carried out by the ICIBI is the external scrutiny they provide. This offers a useful lens internally to encourage and enable detailed and continuous review and improvement of processes and guidance. As a result of this inspection, it was identified that the existing policy on reconsiderations had been applied incorrectly to a small number of applicants. In order to provide clarity, the reconsiderations guidance was updated by the Appeals, Litigation & Administrative Review policy team and was published on GOV.UK on 10 June 2022.

As part of the Home Office’s initial response, the wording below was provided which has been included as a footnote in the full report:

‘The department identified that the reconsiderations policy has been applied to cases where the settlement application has been varied and the person has been granted permission to stay. It was not the policy intention that the reconsiderations policy should apply to this cohort. However, we accept that the guidance as drafted causes confusion both for applicants and caseworkers and that this has led to a small number of reconsiderations taking place. We will review and update the guidance to make the position clear on what redress is available to this cohort.’