LS Legal News Bulletin
New Statements of Changes to the Immigration Rules
Saturday 13th October 2018
On 10 October the new statement of changes to the Immigration Rules has been introduced. The new changes are in line with the Secretary of State's plan to introduce an immigration system that allows staff greater freedom to use the common sense. These include: more flexibility to caseworkers on whether and when they can write to applicants to ask for missing documents; and from now on, the copies of the original documents may be provided. The new rules will come into effect on 5 November 2018, unless otherwise indicated.
Making a Valid Application, Fee Waivers and Passports
• No need to submit passport-size photographs as the applicants have been long required to enrol their biometric information (including a photograph) as part of their application.
• Paper forms can only be used if submitting the application by post. For those using the Premium Service Centre, online applications are required.
• Where an applicant has not submitted a "valid" application, the applicant may be given an opportunity to rectify the mistake within a specified timescale. It used to be that they could only be given 10 working days, but the Home Office now has discretion to give more or less time.
• The Home Office now has discretion to consider an invalid application as valid, provided the specified fee was paid and proof of identity submitted.
• An applicant's ID will be returned while the application is outstanding, unless it is considered necessary to be retained. This is good news for those who need their passports as a proof of ID. Important! Leaving the country while the application is still pending may result in the application being treated as withdrawn.
• those who want to apply for a fee waiver can apply online. They will need to make the fee waiver application first. Note! The leave to remain application has to be made within 10 working days of receiving a decision by the Home Office. The date of the application will be the date of the fee waiver.
The changes will come into effect on 1 November 2018 and will apply to applications made on or after that date.
More flexibility and copies of documents
More flexibility is offered to Point Based System migrants. The official can decide to:
• Request an applicant to submit certain evidence that has been left out completely.
• Request more evidence as many times as they wish (current rules only allow it to be made once).
• Grant an application despite a certain specified document being omitted or submitted in the wrong format, as long as the missing information can be verified from other documents provided by the applicant.
Another change is for an applicant to be able to submit copies of documents rather than originals in cases where it is very difficult to provide the originals.
LS Legal Solicitors may assist you with any type of the immigration application. Please contact our firm on 020 81 44 55 88, via email on info@LSLegaLUK.com or use the contact box to discuss your matter or make an appointment.
