The new online application process, whilst appearing on the surface to have provided a “straightforward” method of completion of online application forms, in practice has inbuilt inflexibility and unfairness on issues that matter the most, ie fees.
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.
The Specified Forms and ApplicationsHome 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.