All Articles: invalidity

For a UK immigration application to be considered at all, it must be valid. Whether an applicant meets the criteria is a moot point if this first, fundamental requirement isn’t met. Validity is a bit like oxygen: all things being well, it is invisible and unnoticeable. You only notice it...

25th April 2022
BY Alex Piletska

How broadly does the decision in R (Afzal) v Secretary of State for the Home Department [2021] EWCA Civ 1909 protect applicants from the catastrophic consequences of becoming an overstayer after making an invalid application to extend immigration permission? As a reminder, the Court of Appeal in Afzal held that...

14th April 2022
BY Alex Piletska

Masquerading as a somewhat niche decision about non-payment of the Immigration Health Surcharge, R (Afzal) v Secretary of State for the Home Department [2021] EWCA Civ 1909 is a beast of a case that: Extends the Mirza exception to retrospective invalidity beyond biometrics Confirms that in most cases, invalidity (and...

23rd December 2021
BY Alex Piletska

Lurking in the weeds of the latest statement of changes are some tweaks to the procedural requirements in Part 1 of the Immigration Rules. Most take effect today. These provisions may not be the sexiest part of immigration law but they are worth paying attention to. Falling foul of a...

6th October 2021
BY Alex Piletska

The Home Office recently introduced a set of new validity requirements for visa applications under the Points Based Immigration System, such as the Skilled Worker route. This is significant because an invalid application doesn’t extend your permission to be in the UK while it is being considered (what’s called “section...

23rd December 2020
BY Alex Piletska

There’s been a lot written on this blog recently about overstaying. Why do we keep banging on about it, you may ask? Because even a short period of technical overstaying, even if entirely innocent and endorsed by the Home Office, can cause problems for future applications.  This was demonstrated recently...

28th November 2019
BY Iain Halliday

Invalid immigration applications cause serious difficulties. The problem is that the UK Border Agency advises people not to make applications until shortly before their existing leave is due to expire. However, it often takes the Border Agency days or weeks to look at the application, by which time the person’s...

1st December 2011
BY Free Movement
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