Travel Smart With Attorney Chika Okoroafor: History of Immigration Law Entry Permit (Visa) and Assessment Procedure

Embed from Getty Images

Editor’s note: If you are new to the Travel Smart series, please read this interview I had with Attorney Chika to get a background of the wonderful work she does as an Immigration Lawyer based in Nigeria. She writes this series.

Countries are structured into geographical locations defined by distinctive borders. Generally, every country has a right to protect its border from outside invasion, threats and interference. Threats may be physical, political or economical. Immigration laws protect the borders. In this way, any country (or person) that breaches the immigration law of another would be seen as a threat and every country is within its right to counter such threat(s). Immigration regulations are also used to foster better trade relationships among countries. It is as a tool to forge alliance with or against countries. For example, a Country can temporarily close its border to another country to persuade an oppressive government to relinquish power. Until recently, U.S. had no diplomatic relations with Cuba for decades.

Immigration laws, like every other law, are not stringent. They are reviewed regularly to create, boost or severe interstate relationships, curb imminent economic challenges etc. For example, a country facing a dwindling population may relax its rules to encourage people to migrate to the country. On the other hand, a country faced with an obdurate migrant traffic can put in place strict immigration regulations. A case in point is the recent migration of Nigerian doctors  to Saudi Arabia where their services are in high demand. Canada also has an Express Entry program to encourage skilled workers to migrate to Canada. When you talk to a seasoned immigration lawyer, they can look at your station in life and advise you on which country you will have the most success with.

Further, the relationship between countries can easily be ascertained by the nature of the immigration regulations between them. Close countries and countries that do not pose economic threat to each other have relaxed immigration regulations among them. To check immigration traffic, economically advanced countries effect strict immigration criteria for the economically challenged countries. While in some cases, it may be unethical and breach of several international treaties (e.g right to family reunion, right of asylum etc) for a country to close its border to another country (except of course countries in hostile relationship) every country nonetheless have a right to protect its border to the best of its ability.

Visa is common/general term used for every entry permit granted by a diplomatic mission to nationals of other countries. Countries are at liberty to model their immigration policies to suit their demands. But irrespective of the terms used, all entry permits are basically for two main purpose, visiting/temporary (short-term stay) or permanent resident permit (long-term stay). The right to grant entry permits (commonly called Visas) is invested on diplomatic missions, otherwise known as embassies or high commissions. (Among commonwealth nations, diplomatic missions are called high commission, while Embassies are diplomatic missions from non commonwealth nations)

There are different categories or types of Visas. Categories, nomenclatures and rules ascribed to each category are at the discretion of diplomatic missions. Excluding applicants with privileges (e.g diplomats) .The first thing a visa applicant needs to figure out is the category of visa his application falls under. And the next steps is to be abreast of regulations guiding that category. An applicant must meet requirements for the visa category he or she is applying for before entry permit is granted. After a formal application is made, to determine an applicant’s eligibility, diplomatic missions run their own independent assessment using either of the following approach:

Oral interview
Paper Assessment
Both Oral and Paper Interview

Oral Interview:
Here an applicant is granted audience with officials of the diplomatic mission of his/her interest. An applicant may or may not be required to front load his/her documents before an appointment for an interview is scheduled. Diplomatic missions like U.S use this approach for most of their visa categories. The success of an application  depends predominantly on the applicant’s performance during the interview. Where an applicant has front loaded his information/document prior to the interview, for example, it is important that his responses do not contradict information supplied. Applicant’s demeanour is key because more often than not the interview is based more on psychology than logic. We will have a separate post on tips to have a successful interview and the significance of various body languages.

Paper Assessment
An application can be assessed solely on an applicant’s documents. The United Kingdom high commission adopts this approach for most of their visa categories. Applicants here do not have a right to an audience. Therefore, the importance of proper documentation cannot be over emphasized. While some diplomatic mission (e.g Austria) may write an applicant to get more information or clarification over a pending application, others may not be that generous. Any conflicting or contradicting information detected in documents earns an applicant an immediate refusal, and in cases where such applicant does have a right to appeal/review because of the category of visa he/she applied for his/her, recompense lies in a fresh application that means fresh visa fees and other incidental charges. Tips on documentation will be explored in subsequent posts

Both Paper and Oral Interview
As the heading suggests, in this case, an applicant’s assessment is considered on the strength of documents and performance during oral interview. Failure in any part of the interview will lead to a denial of visa application.

It is important that when you engage the services of a “consultant” or “an agent,” especially those who are non-lawyers, that you personally research the rules guiding your visa category or at least demand for that information. This is the easiest way to test the competence of your handler. Don’t be an ignorant applicant; don’t be kept in the dark. Insist on full disclosure even if it is “being done for you.” Please insist you be carried along during the whole process. It is YOUR application, YOUR records and most importantly YOUR money. While you can report lawyers to the Nigerian Bar when there is gross negligence on their part in providing you services paid for, non-lawyer consultants are generally not liable or accountable to any regulatory agency.

Thank you for your likes, comments and emails. Please keep them coming. For those who wrote us, thank you for your compliments and interest in our firm. We will do our best not to disappoint you. If we are yet to respond to your mail, do kindly resend it. It may have been lost in the deluge of emails, as new mails keep pushing previous ones further down the trail and we may have missed a couple mails. Based on popular demands from mails received, in subsequent posts we will discuss Visitors Visa application. From statistics, Visitors applications form the bulk of applications diplomatic missions receives from Nigerians. In subsequent posts, we will analyze the rules guiding this visa category in the US, UK and Canada diplomatic missions in Nigeria.

Till next time, please be travel smart.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s