Do I Marry Her? Visa Advice Needed

[pilgrim2505]

Pilgrim,

Any application for a visa is governed by a particular paragraph of the immigration rules which sets out what the applicant needs to achieve in order to get the visa. The criteria for a spouse, for example, are stipulated in paragraph 281. In order to qualify for the visa, the applicant must attain the balance of probabilities; i.e. s/he does not need to prove their case beyond reasonable doubt which is the standard that pertains in criminal matters, rather solely that what s/he is saying is likely. In order to demonstrate the likelihood of what the applicant is saying, and thereby qualify for the visa, various documents have to be provided.

Scouse.

Dear scouse,

If i should ever happen to meet you FREE BEER!

[macktheknife]

Pilgrim,

Any application for a visa is governed by a particular paragraph of the immigration rules which sets out what the applicant needs to achieve in order to get the visa. The criteria for a spouse, for example, are stipulated in paragraph 281. In order to qualify for the visa, the applicant must attain the balance of probabilities; i.e. s/he does not need to prove their case beyond reasonable doubt which is the standard that pertains in criminal matters, rather solely that what s/he is saying is likely. In order to demonstrate the likelihood of what the applicant is saying, and thereby qualify for the visa, various documents have to be provided.

Scouse.

" In order to qualify for the visa, the applicant must attain the balance of probabilities; i.e. s/he does not need to prove their case beyond reasonable doubt which is the standard that pertains in criminal matters," [scouse]

Correct, but who decides the issue ? In a criminal case it is usually a jury. In a civil matter it is usually a trained judge appointed after many years of experience at the Bar and all judges must have been legally trained and qualified.

But what experience in jurisprudence do the ECO have ? I am sure Scouser will provide us with the answer but doubt whether more than a few weeks on a Home Office training course is required in order to be appointed as an ECO.

Are ECO'S legally qualified to act as judges ? If not who are they to decide questions of balance of probability ?

Thank you.

[the scouser]

Ultimately, either an immigration judge or a High Court judge can determine the matter.

Scouse.