Unresolved applications: ECB20
Published 29 November 2013
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This publication is available at https://www.gov.uk/government/publications/unresolved-applications-ecb20/unresolved-applications-ecb20
1. ECB20.1 General
There is a general obligation on the ECO to resolve all applications made. No fee refunds are made for unresolved applications.
Where a decision has been taken on an unresolved application, the Commercial Partner should be informed that the status has changed. Any documents should be returned to the applicant through the Return of Documents service.
2. ECB20.2 Applications: failure to attend interview
Where an applicant fails to turn up for an interview / re-interview the ECO should write to the applicant within five working days of the missed interview date using the pro forma wording below:
On [insert date of no-show for interview], you [insert name and address of applicant] failed to attend an interview at [insert location for interview] in support of your [insert type of application] application.
You must now, before [give here date 3 months in advance] contact [insert contact details] to make a new appointment for an interview. If you do not do so your application will be refused.
If you no longer wish to continue with your application please contact us at the above address.
Depending on the category of application made, the applicant will have either a limited or full right of appeal.
The ECO must send a Refusal Notice GV51(FRA) / GV51(LRA) and Appeal Form AIT-2 to the applicant, using the refusal wording:
‘…but in view of the fact that you have not attended for interview, despite requests on [insert the dates of all letters / correspondence etc] to do so, you have failed to furnish such information as is required for an Entry Clearance Officer to consider whether or not you meet the requirements of the Immigration Rules for entry clearance to the UK as a (enter category of EC applied for). You have provided no [satisfactory] explanation for not attending. I therefore refuse your application.’
Note: The ECO must not use this as a standalone refusal wording. The ECO must also refuse the applicant under other relevant paragraph(s) of the immigration rules - that is, if the application appears to be a spouse application refuse under rule 281 in addition to 320(8A).
3. ECB20.3 Applications: failure to supply documentation
Where an applicant fails to supply requested further documentation by a deadline agreed with the ECO.
When requesting further documentation the ECO should agree a deadline for presentation of this information. ECOs should make use of local knowledge when deciding a deadline, as this may need to vary according to the type of further documentation requested. If the applicant fails to provide the documentation within the agreed time, the ECO should write within five working days of the missed deadline using the pro forma below:
On [insert date further documentation requested] you, [insert name and address], were asked to provide further documentation [list documentation] in support of your [insert type of application] application by [insert deadline date for supplying the further documentation]. You have failed to do this.
Unless you provide this requested further information within three months of the original deadline date, [insert new deadline date], your [insert type of application] application will be refused.
If you no longer wish to continue with your application please contact us at the above address.
Depending on the category of application, the applicant will have either a limited or full right of appeal.
The ECO must send a Refusal Notice GV51(FRA) / GV51(LRA) and Appeal Form AIT-2 to the applicant, using the refusal wording:
‘…but in view of the fact that, despite requests on [insert the dates of all letters/correspondence etc], you have not supplied further documentation as requested, you have failed to furnish such information as is required to consider whether you require leave to enter and, if so, whether and on what terms leave should be given. You have provided no [satisfactory] explanation for not supplying the documentation requested. I therefore refuse your application.’
Note: The ECO must not use this as a standalone refusal wording. The ECO must also refuse the applicant under other relevant paragraph(s) of the immigration rules - that is, if the application appears to be a spouse application refuse under rule 281 in addition to 320(8A).
4. ECB20.4 Applications: failure to produce a passport
Where the applicant fails to produce their passport within three months of a decision to issue, the ECO should write within five working days of the three months elapsing using the pro forma below:
On [insert date application made], you [insert name and address of applicant] applied for a [insert type of application]. However you have failed to produce your passport. Without your passport I cannot issue an entry clearance. Unless you produce your passport by [insert date three months from the date of this letter], your application will be refused. You will then have to make a fresh application should you still wish to travel.
5. ECB20.5 Appeals
For appeals against a decision made on the basis that the applicant has not attended an interview when requested and / or not supplied documentation when asked. The ECO must include in the Respondent’s Bundle copies of all correspondence referred to in the refusal notice, that is, the letters inviting them to make an appointment for interview and / or supply documents.