Statement of changes 24th Nov 2016: Changes relating to applications and validity - ICS Legal Blog

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Statement of changes 24th Nov 2016: Changes relating to applications and validity

Statement of changes 24th Nov 2016: Changes relating to applications and validity

The rules relating to specified forms and procedures for applications or claims in connection with immigration, previously A34-34I, were complicated and difficult to interpret in places. They had been iteratively updated and required a wholesale review to make them understandable and user friendly.

They have now been redrafted and simplified, and renamed „How to make a valid application for leave to remain in the UK‟.

The changes are as follows. An application for leave to remain in the UK will, as a result of these changes, now only be valid (subject to some exceptions set out in the Immigration Rules) when the applicant:

  1. Completes the mandatory sections of the application form.
  2. Provides any applicable fee (including the Immigration Health Surcharge).
  3. Provides a valid passport (or other proof of identity) or, where permitted, a valid national identity card or their most recent passport or national identity card, or a valid travel document.
  4. Provides passport photographs.
  5. Provides biometric information.

There is no longer a provision to provide mandatory documents as specified in the Immigration Rules; there were no mandatory documents for the purpose of validation of applications set out under the Immigration Rules and so this requirement is unnecessary.

The previous rules distinguished between „online‟ and „specified‟ forms. The reference to „specified‟ has been changed to reflect that a specified form is one which has been posted on the visa and immigration pages of the GOV.UK website. Specified forms can be online or paper forms.

Paragraph 34G has also been redrafted to better reflect how different methods of submitting an application affect the date of application.

Paragraph 34I has been substituted by 34(1)(c) and included in the rules on how to make a valid application to clarify when a previous version of an application form can be used.

Paragraph 34H has been deleted as this provision is no longer required.

Paragraph 34O of the Immigration Rules specifies the method by which an administrative review application must be made. This is by reference to either paragraph 34U, which specifies the online application process, or paragraph 34V, which specifies the postal application process. The online application process is not available for administrative review of entry clearance decisions. However, administrative review applications in respect of eligible entry clearance decision can be submitted by a variety of other methods, including by email. Therefore paragraph 34O has been amended and a new paragraph, 34VA, is being inserted to set out the methods by which an administrative review of an entry clearance decision must be submitted. There is no change to the method by which an application for administrative review of an eligible decision made in the UK or at the border must be made.

A minor clarification has been made to paragraph 34V(2)(e) because the application form may not specify any mandatory documents which must accompany the application. Some missing words have been added to paragraph 34Q(c) to clarify that the rule is referring to eligible decisions on applications for entry clearance.