28-OCT-1993

HONT (HK)

+ 852 884 0860 P.03

later to detaching and destroying the passport files in line with UKPA policy on file destruction.

Do you agree please?

b)

Non-Scheme

Files of issues since HONT started ops are currently stored in the HONT strongroom. I suggest the Home Office view should be that they are transferred to BCG initially and destroyed in due course in line with existing UKPA destruction policy.

Do you agree please?

As there is some UKPA and FCO HK Department interest I am copying this to Tim Lonsdale and John Woodrow with the request that they let me know quickly if they are not happy with the above intitial broad proposals. No response is needed if they are content.

22 October 1993 HONT/93/73

Grant

Grant S Austin HONT

TOTAL P.03

CODE 18-77

Mr Aust

Legal Counsellor

K 171

Reference

HKD 444

444/2

21

RE

12 OCT 1993

Ref: GVM 406/1

TRANSFER OF UK RELATED RECORDS FROM HONG KONG

As Ms Brookes is overseas I am resubmitting papers to you for consideration, including a letter from the Hong Kong Immigration Department and minuting between Colin Mulcahy of this Department and Ms Brookes.

1.

I would be grateful for your views in order to meet the deadline for reply before the end of the month.

2.

Bellag

Derek A Page

MVD

CL419 270 4059

21 September 1993

cc Mr Woodrow, HKD (w/o encs)

WH 312

:

RESTRICTED

VISA

VOLUME 1 PART 1

3.6.11

3.6.12

3.6.13

3 6.14

3.6.15

3.7

Employment or self employment: Persons applying for entry clearance for employment to stay in the United Kingdom for less than six months should be charged fee 22(b) (vii); those seeking entry for a longer period should be charged 22(a). Refund of Fees:

Fees in 22 category are non refundable. (But see para 3.6.3 and below).

Fees 22, may be refunded if an application is withdrawn up to and after a Tier One interview, but before the applicant's Tier 2 or 4 interview commences with the ECO. However, care should be taken not to give oral warnings that no refund will be possible if an applicant proceeds to full interview as this could easily be misinterpreted. A prominent factual message should be displayed in the public areas.

Where an applicant has paid for a multi entry clearance but the ECO is only prepared to issue a single or a double entry clearance, the appropriate refund may be made.

Fees to be collected at time of application: Posts must collect the fee at the same time as the application is made. An application is duly made only if accompanied by the appropriate fee in local currency, unless a gratis issue is appropriate. Payment can be made in the form of a banker's draft obtained by the sponsor from a bank in the United Kingdom and made payable in the local currency. The legal basis for charging depends on the fee being paid at the time of application and forming part of the application. Strictly speaking, applications should be on form IM2A, but if a letter contains sufficient details with a request for entry clearance expressed in clear and unambiguous terms, and is accompanied by the appropriate fee, the Post can accept it as such. This is of particular relevance when the date of application is an issue e.g. under Paras 53, 54, 55, 58 and 59 of the 'Rules'. When queues exist the application may be placed in the appropriate queue if it is unambiguous and accompanied by the appropriate fee. Otherwise it must wait until the fee is paid.

Extension of Entry Clearances

Providing there has been no change of circumstances and there is a valid reason (ie sickness) why an entry clearance has not been used within its validity, ECOs may at their discretion extend the validity once without a further fee being collected. Choosing to delay travel would not be sufficient reason for the exercise of such discretion.

When a certificate of patriality or entitlement of the right of abode is 'transferred' to new passport, no further fee is charged.

Accounts

Instructions are in DSP Consular Volume 5 Part 1.

CARD INDEXES, FILES, VAFS AND VIGNETTE COUNTERFOILS

C

3.7

3.7.1

Index cards should be created routinely only for:

(a)

Settlement and other long term applications.

(b)

All refused applications.

(c)

Certificate of Entitlement applications.

(d)

3.7.2

MAY 1992

A local warning index of any individuals who come to adverse notice locally (including subjects of Home Office exclusion or deportation orders), or about whom Posts have other specific reason for maintaining a precautionary record (e.g. some Posts find it necessary to maintain an index of sponsors for monitoring purposes).

Index records should not be created for routine visit entry clearance issues unless there is some specific reason to believe that a need to trace or monitor the records of a particular applicant or sponsor might arise.

3.10

RESTRICTED

AL/S

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