Know The Procedure: Brand New Home Office Guidance on Validity and Rejection of Leave to Remain Applications

The Specified Forms and Applications Home Office policy guidance has been replaced in its entirety  by the Applications for leave to remain: validation, variation and withdrawal, guidance published on 6 April 2017. The new guidance describes how home office caseworkers decide whether an application for leave to remain in the UK is valid, and what to do if it is not. It also describes how an applicant can vary and withdraw an application and how to calculate the date of application.


My previous blog article based on the previous policy guidance :


must now be viewed as modified to some extent by the new governing guidance.


An application for leave to remain in the UK is valid when the requirements of Paragraph 34 of the Immigration Rules are met, or where one of the exceptions set out in paragraph 34 apply. The requirements must be met by each applicant:-if the main applicant meets the validation requirements, but a dependent on the same application does not, the main applicant’s application is valid, and the dependant’s application can be rejected as invalid.


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