All Articles: invalidity

Briefing: invalid immigration applications

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 invisib ...

25th April 2022 By

Can someone who has made an invalid extension application still rely on the 14-day grace period?

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 perm ...

14th April 2022 By

Court of Appeal game-changer for validity and continuous residence

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 invali ...

23rd December 2021 By

Tweaks to the Immigration Rules on validity, variation and withdrawal

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 payin ...

6th October 2021 By

How new visa rules on invalidity will create more overstayers

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 permissi ...

23rd December 2020 By

Invalid applications: beware of old demons coming back to haunt you

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 ...

28th November 2019 By

Invalid applications

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 ...

1st December 2011 By