Vanessa Ganguin Immigration Law Senior Associate Alex Piletska has written a new briefing for immigration practitioners’ resource Free Movement on when UK immigration applications are invalid. She examines the guidelines around invalidity, when invalidity can be fixed, when an invalid application cannot be remedied, how invalidity affects varying a visa application, what to do if the Home Office has incorrectly invalidated an application and what best practice should be for immigration lawyers.
Invalidity is different from eligibility. Validity rules can be found in Paragraph 34 of the UK Immigration Rules. The validity requirements that are more likely to catch people out are category-specific ones for out of country applications.
In some cases where a validity requirement is not met, the Home Office may write to the applicant and give them a limited opportunity to fix a problem, such as using the wrong form to apply for permission to stay or not submitting biometric data in time for an application, but there are many reasons why an application is invalid which cannot be amended.
You can read Alex’s full briefing below.
Read Alex Piletska's article on validity of immigration applications
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