A new Home Office application process is now in operation, although confusingly and inexplicably, it currently also co-exists side by side with the “old” system that was in place prior to 2 November 2018.
Although confusion might initially arise in the next few weeks in relation to the operation of new process, it is very important that as the process gradually comes into flow, that applicants keep a close and continual eye on UKVI announcements and updates, introduction of relevant new or amended Home Office Policy guidance and most importantly, pay close attention to the contents of the very first page of published paper application forms and accompanying Guidance as regards the circumstances in which paper application forms can continue to be used in the interim.
The operation of the new process will inevitably affect the validity and acceptance of applications.
Part 2 of this post will set out the new Home Office application process and some commentary, whilst for now the Rules and updated Guidance are considered in conjunction of each other as set out below.
Apparently, what migrants are currently paying to the UK Government in order to have their entry clearance or leave to remain applications processed is simply not enough: they need to pay more and quickly.
People seeking to come to the UK may be refused entry because they are the subject of a one year, 2 year, 5 year or 10 year re-entry ban.
People may be the subject of a re-entry ban where they have previously breached the UK’s immigration laws by:
breaching a condition attached to their leave
being an illegal entrant,
using deception in an application for entry clearance, leave to enter or remain (whether successful or not)
Banks and building societies are not permitted to open current accounts for persons in the United Kingdom who require leave to enter or remain but do not have it.
The Secretary of State’s position is that such persons should not be provided with access to banking services.
She can therefore notify the person’s bank or building society that it is under an obligation to close an account operated by or for the person.
Considering how much the Home Office charge in relation to applications for leave to remain, the recent expansion of the categories of those who can apply for a fee waiver, at first blush seemingly considerate, should be viewed with suspicion.