Specified application forms and procedures

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Specified application forms and procedures
This guidance is based on the Immigration Rules.
Page 1 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: about this guidance
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Page 2 of 136
This guidance tells you about specified application forms and procedures for immigration
applications and claims following changes to the Immigration Rules on 29 February 2008.
It tells you how to handle claims following changes to the Immigration Rules on 29 February
2008 and gives information on the legislation and procedures in place before this date.
The guidance tells you the consequences of not complying with the current specified
requirements and the procedures that followed non-compliance with previous regulations.
It also tells you how you can contact the applicant, in writing, to give the applicant a single
opportunity to correct any omission or error they have made which could make their
application invalid. See paragraph 34 (c) of Part 1 of the Immigration Rules.
This guidance is based on the Immigration Rules (see Immigration Rules – paragraph A3434K) and the Immigration (Health Charge) Order 2015.
Specified application forms and procedures: changes to this guidance - This page tells you
what has changed since the previous version of this guidance.
Related links
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
contact
Specified application
forms and procedures:
information owner
Link to staff intranet
removed.
External links
Specified application forms and procedures: contacts – This page tells you who to contact
for help if your senior caseworker or line manager can't answer your question.
Specified application forms and procedures: information owner – This page tells you about
this version of the guidance and who owns it.
Safeguard and promote child welfare – This page explains your duty to safeguard and
promote the welfare of children and tells you where to find more information.
Guidance – Specified application forms and procedures – version 18
Immigration Rules paragraph A34 – 34K
Immigration (Health
Charge) Order 2015
Immigration Health
Surcharge guidance
Published for Home Office staff on 18 March 2016
Specified application
forms and procedures:
date of application
The Immigration and
Nationality (Fees)
Regulations 2016
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Page 3 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 4 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: changes to this guidance
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
This page lists changes to the ‘Specified application forms and procedures’ guidance, with
the most recent at the top.
Date of the change
18 March 2016
Details of the change
Change request:



Applications made by people outside the
UK
Withdrawn applications
Retention of Administrative Fee for
invalid applications
For previous changes you will need to access
the archived guidance. See: Specified
application forms - archive.
Specified application
forms and procedures:
specified requirements
Related links
Specified application
forms and procedures:
rejection of invalid
applications
See also
Specified application
forms and procedures:
contact
Specified application
forms and procedures:
information owner
Link to staff intranet
removed.
External links
Immigration Rules paragraph A34 – 34K
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Page 5 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Page 6 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 7 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: definition of specified application forms
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
This page gives a definition of a specified application form and lists the purposes for which it
is used.
An application form may be specified for any application or claim in connection with
immigration. This includes applications:
External links
Immigration Rules paragraph A34 – 34K
 for limited or indefinite leave to remain under or outside the rules
 for entry clearance
 made under legislation other than the Immigration Rules
An application form is specified when:
 it is published on the Home Office website
 the form is marked ‘specified’ for the purpose of the Immigration Rules
 it comes into force on the date specified on the form and/or in any accompanying
announcement
If an application form meets these requirements it satisfies paragraph 34 of the Immigration
Rules. If it does not meet these requirements, it is not specified.
For more information on application forms that are not specified, see link on left: Specified
application forms and procedures: applications made on forms that are not specified.
Specified application
forms and procedures:
varying an application
Specified application
Page 8 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
Page 9 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 10 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: online applications
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
This page tells you what to do when you receive an online application for Tier 2, Tier 4 and
Tier 5.
For paper application forms you must check the relevant pages within this guidance and
refer to paragraph 34 of the Immigration Rules and the Immigration (Health Charge) Order
2015.
Related links
Biographical and
biometric information
External links
Migrants, and their dependants, applying under Tier 2 and Tier 5 of the points-based system Immigration Rules (PBS) can submit an online application for leave to remain through the Home Office website. paragraph A34 – 34K
They can only use a paper application form if the option is available on the Home Office
website.
Immigration (Health
Charge) Order 2015
Migrants in the UK as Tier 4 students, and their dependants, can apply and pay their
application fee online. In exceptional circumstances, for example, if the family group
numbers more than 10 people, they can send the printed version to the Home Office with
their supporting documents.
An application on a specified online form must meet the requirements contained in
paragraph A34 of the Immigration Rules and the Immigration (Health Charge) Order 2015.
What is an online application?
An online application includes information given by the applicant in answer to questions
asked by the online interactive process on the website. Any application fee is paid online.
An online application cannot be submitted unless all mandatory questions are answered and
any required fee is paid.
For a premium service application the applicant must also make an appointment at a
premium service centre (PSC) as part of the online application process. Until they have
booked an appointment at the PSC they cannot submit their online application.
Specified application
Page 11 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Valid online application under the standard route
The applicant must:
 send any supporting documents specified ‘mandatory’ to the Home Office within 15
working days from the date the application is submitted - the mandatory documents
are:
o passport and/or travel document
o passport-style photographs
o biometric residence permit (if owned)
o police registration certification (if applicable)
 attend an appointment to provide biometric information if asked to do so - they must
provide the biometric information in the timescale set out in the request
You must carry out the following validation check when the application is sent from the
document centre. You must check the:
 mandatory documents were submitted within 15 working of the application being
submitted:
o if they have not, you must contact the applicant, in writing, to give the applicant a
single opportunity to correct any omission or error they have made which could
make their application invalid, giving them 10 business days to respond to your
request
o if they have, invite the applicant to provide biometric information
 applicant has provided their biometric information within the timescales, see related
link: Biographical and biometric information
Specified application
forms and procedures:
If any of the above requirements are not met and the applicant has not responded to your
section 3C and 3D leave request to correct any omission or error they have made, you must reject the application as
invalid.
Specified application
forms and procedures:
Valid online application under the premium route
withdrawn applications
You must check that the applicant has attended an appointment at the PSC, sent any
supporting documents specified as mandatory by the Home Office, and provide biometric
Specified application
information, if required, within 45 working days from the date the application was submitted
Page 12 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
online.
If any of the above requirements are not met and the applicant has not responded to your
request to correct any omission or error they have made, you must reject the application as
invalid.
Date of online application
You must take the date of the application as the date the applicant submits their online
application through the Home Office website. This date is printed on the cover sheet for the
application.
Fee payable
The fee payable by the applicant is the one in place on the date the online application is
submitted. You must not reject the application as invalid if the fee changes between either
the:
 mandatory documents being received
 applicant attending an appointment
Page 13 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: specified requirements
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
This section tells you the requirements a specified application form must meet to be
considered valid.
An application on a specified application form must meet the requirements specified in
paragraph 34 of the Immigration Rules and the Immigration (Health Charge) Order 2015,
below, to be valid. The applicant must:
 make the application or claim using the specified form
 pay any specified fee in line with the method specified in the application form, separate
payment form and/or related guidance notes
 pay the immigration health surcharge fee (unless they are exempt)
 complete any section of the form designated as mandatory
 make an appointment to provide biometric information by the specified date if the
application form and/or related guidance notes ask them to do so
 provide photographs and documents specified as mandatory in the application form
and/or related guidance notes:
o photographs must be in the same format as stated in application form and or related
guidance notes
o if the application or claim is made online, the applicant must submit the photographs
and documents by the method and date specified in the acknowledgement of the
online application
 sign the application form, and if applicable, the applicant’s spouse, civil partner, samesex partner or unmarried partner must also sign the form - for online applications, the
applicant or their representative must complete the confirmation box
Specified application
forms and procedures:
varying an application
If an applicant has not sent all the mandatory documents, you must contact them or their
representative, in writing, to give them a single opportunity to correct any omission or error
they have made which could make their application invalid. You must give them 10
business days to respond to your request.
Specified application
For more information on these requirements, see related links:
Page 14 of 136
Guidance – Specified application forms and procedures – version 18
In this section
Specified application
forms and procedures:
specified forms
Specified application
forms and procedures:
applications made within
21 days of specification
of a form
Specified application
forms and procedures:
fee
Specified application
forms and procedures:
mandatory sections
Specified application
forms and procedures:
sponsors wrongly
identified as main
applicants
Specified application
forms and procedures:
biographical and
biometric information
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form







Specified application forms and procedures: specified forms
Specified application forms and procedures: fee
Specified application forms and procedures: immigration health surcharge
Specified application forms and procedures: mandatory sections
Specified application forms and procedures: biographical and biometric information
Specified application forms and procedures: photographs and documents
Specified application forms and procedures: signing form or completing confirmation
box
For more information on when discretion can be applied, see related link: Specified
application forms and procedures: discretion.
For more information on action to take if the application is valid, see related link: Specified
application forms and procedures: validation.
Specified application
forms and procedures:
specification of format of
photographs
Specified application
forms and procedures:
signing form or
completing confirmation
box
For more information on action to take if the application is not valid, see related link: Specified application
forms and procedures:
Specified application forms and procedures: invalid applications.
methods of delivery
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
Page 15 of 136
Specified application
forms and procedures:
photographs and
documents
Guidance – Specified application forms and procedures – version 18
Related links
See also
Specified application
forms and procedures:
discretion
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
invalid applications
Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
External links
Immigration Rules paragraph A34 – 34K
Specified application
forms and procedures:
background
Page 16 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: specified forms
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
This page tells you the specified requirements of an application form and the exceptions that
may apply.
If an application form is specified for a particular purpose, an applicant must apply on the
current version of the specified form. You must check if transitional arrangements were
published, as some exceptions to this requirement apply. For more information, see related
link: Specified application forms and procedures: applications made within 21 days of
specification of a form.
In this section
Specified application
forms and procedures:
applications made within
21 days of specification
of a form
Related links
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
Page 17 of 136
The version and the date from which the form can be used are marked on the front of the
form. An application for a particular purpose made on any other form or in any other way is
invalid. For example, if a person with indefinite leave applies for a no time limit (NTL)
endorsement on form SET(O), you must reject it as invalid. This is because the correct
specified form for this purpose is form NTL.
The FLR(O) and SET(O) forms specifically allow for applications for purposes not covered
by any other application form, whether specified or not. This means all applications for leave
outside the rules must be made on one of those forms, including discretionary leave on the
grounds of non-protection based claims under article 3.
If the applicant is too ill to complete the form, you may use discretion and accept a letter as
an application if it is made on the basis of an article 3 medical claim. Acceptable medical
evidence must accompany the letter confirming the claimant is gravely ill and has only
weeks to live, despite ongoing treatment in the UK. You must only accept a letter as valid
under these circumstances. In all other situations, you must treat a claim made by letter as a
request for an application form.
If an applicant or representative submits a form containing pages from more than one
version, you must check all of the information requirements of the current version are met. If
it contains all the information required, you can use discretion and accept the application
form.
Guidance – Specified application forms and procedures – version 18
Specified application
forms and procedures:
fee
Specified application
forms and procedures:
mandatory sections
Specified application
forms and procedures:
sponsors wrongly
identified as main
applicants
Specified application
forms and procedures:
biographical and
biometric information
Specified application
forms and procedures:
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
If you think the applicant or their representative has attempted to avoid a requirement of the
new form you must contact the applicant or their representative, in writing, to give the
applicant a single opportunity to correct any omission or error they have made which could
make their application invalid, and must give them 10 business days to respond to your
request. You must not reject an application on this basis if transitional arrangements apply.
If the Home Office sent an applicant or representative the wrong version of an application
form or guidance notes and this led to the applicant:
 completing the wrong form
 incorrectly completing a mandatory section of a form
 not submitting the correct supporting documentation
You may contact the applicant or their representative, in writing, to give the applicant a
single opportunity to correct any omission or error they have made which could make their
application invalid, and give them 10 business days to respond to your request.
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
photographs and
documents
Specified application
forms and procedures:
specification of format of
photographs
Specified application
forms and procedures:
signing form or
completing confirmation
box
Specified application
forms and procedures:
methods of delivery
External links
Immigration Rules paragraph A34 – 34K
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
Page 18 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 19 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: applications made within 21 days of specification of a form
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
This page tells you about transitional arrangements in place for applications made up to 21
days after the date a new form is specified.
Paragraph 34I of the Immigration Rules allows applicants to make a valid application on an
old version of a form if the:
 form they used was permitted for the purpose being applied for
 form is the one in use immediately before the introduction of the current version of the
form
 application was made up to 21 days after the introduction of the new or revised form
You must consider these applications in the same way as if they had been made on the
newly specified form. The application must still meet the other requirements of paragraph
34A and the Immigration (Health Charge) Order 2015. These requirements include paying
the correct fee specified by the fee regulations on the day the application is made, not the
fee stated on the old version of the form.
If an applicant has omitted to send all the mandatory documents, you must contact them or
their representative, in writing, to give them a single opportunity to correct any omission or
error they have made which could make their application invalid. You must give them 10
business days to respond to your request.
Transitional arrangements do not apply when a new immigration route is introduced for the
first time, as no form has previously been in use for the same purpose. For example, if a
person applied under Tier 4 of the points-based system they could not benefit from the
transitional arrangements if they applied on an FLR(S) form that was used in the old student
category.
Specified application
Page 20 of 136
In this section
Specified application
forms and procedures:
specified forms
Related links
Specified application
forms and procedures:
fee
Specified application
forms and procedures:
mandatory sections
Specified application
forms and procedures:
sponsors wrongly
identified as main
applicants
Specified application
forms and procedures:
biographical and
biometric information
Specified application
forms and procedures:
photographs and
documents
Specified application
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
forms and procedures:
specification of format of
photographs
Specified application
forms and procedures:
signing form or
completing confirmation
box
Specified application
forms and procedures:
methods of delivery
External links
Immigration Rules paragraph A34 – 34K
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
Page 21 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 22 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: fee
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
This page tells you about the payment of specified fees and the action you must take if the
applicant does not meet this requirement.
An applicant must pay any specified fee by one of the methods specified in the form and/or
guidance notes.
The application is invalid and must be rejected if:
 it is paid by any other method
 any specified fee is not paid in full
 the applicant has been given 10 business days to correct this error but they have failed
to respond to your request or correct the error sufficiently
Specified application
forms and procedures:
specified forms
Specified application
forms and procedures:
applications made within
21 days of specification
of a form
Specified application
forms and procedures:
In the majority of cases, this should have been done before the case reaches the
caseworking team. However, you must check the payment details screen to make sure there mandatory sections
are no fee issues before you consider the application.
Specified application
forms and procedures:
For more information on the fee regulations, see:
sponsors wrongly
identified as main
 Immigration and Nationality (Fees) Regulations 2016
applicants
 Immigration and Nationality (Cost Recovery Fees) Regulations 2014
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
Page 23 of 136
In this section
Guidance – Specified application forms and procedures – version 18
Specified application
forms and procedures:
biographical and
biometric information
Specified application
forms and procedures:
photographs and
documents
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
forms and procedures:
specification of format of
photographs
Specified application
forms and procedures:
signing form or
completing confirmation
box
Specified application
forms and procedures:
methods of delivery
External links
Immigration Rules paragraph A34 – 34K
The Immigration and
Nationality (Fees)
Regulations 2016
The Immigration and
Nationality (Cost
Recovery Fees)
Regulations 2014
Specified application
Page 24 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 25 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: passport, travel document or national identity card
This page tells you about the mandatory documents required to meet paragraph 34BB.
External links
Passport, travel document or national identity card
For an application to be valid under paragraph 34BB of the Immigration Rules, it is
mandatory for the applicant and any dependant or dependants included in the application, to
provide one of the following as evidence of their identity unless these documents are not
available for reasons beyond their control:
 an original, valid passport
 a valid travel document
 a valid national identity card (points-based system (PBS) migrants are not permitted to
use this)
If a document is lost or stolen, it should have been reported to the relevant authorities and
replaced before an application is made. If there are reasons beyond the applicant or
dependant’s control why the document cannot be replaced, the Home Office may accept
another document as proof of their identity and nationality.
If the applicant and/or dependants cannot provide their passport, a travel document or a
national identity card, then they must provide an acceptable explanation. If it has been lost
or stolen, they must provide their crime reference number and reasons why they have not
been able to provide a replacement document.
You must consider each of the applicants (including any dependants) individually when
determining if they have an acceptable reason not to provide the specified evidence. It might
be possible for the dependants to provide or obtain a document even when the main
applicant cannot and vice versa.
Reasons beyond the applicant or any dependant’s control may include:
 if there is no longer a functioning national authority to approach and provide a new
document, or because there is no Embassy or consular service in the UK
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 if there is a national authority to apply for a document but they have run out of
documents, or they have made their application for a replacement document but the
issuing authority cannot provide a document in time for the applicant to make their
valid application before their leave expires
 if the applicant cannot obtain a document for reasons of national or personal security
 if the national authority is unreasonable and refuses to provide a document, for
example:
o if the national authority will only provide a passport if they apply in person but there
is no provision to apply in person in the UK
o if the national authority puts unreasonable barriers in place based on
unsubstantiated claims
If the document is already with the Home Office, the applicant or dependant must provide
information stating why the Home Office holds the passport, travel document or national
identity card.
If the applicant has not enclosed a current, valid passport, travel document or national
identity card, then they must provide alternative satisfactory evidence of identity which must
include their full name, date of birth and nationality.
A reasonable alternative could include, but is not limited to, a:




Page 27 of 136
full birth certificate
driving licence
national health card
national service document
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Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: immigration health surcharge
This page tells you about the immigration health surcharge.
External Links
An applicant, subject to immigration control, must pay a health surcharge as a precondition
of their application, unless they are exempt, if they are applying for either of the following:
 limited entry clearance for more than 6 months
 limited leave to remain in the UK
The Immigration and
Nationality (Fees)
Regulations 2016
Applicants who have paid the surcharge or satisfied an exemption can access NHS care to
the same extent as a UK permanent resident.
The surcharge will be refunded if an application for leave to enter or remain is:
 refused
 rejected
 withdrawn
Some applicants are exempt from paying the health surcharge. These include, but are not
limited to, those seeking asylum and humanitarian protection. For a full list see the
Immigration (Health Charge) Order 2015.
Initial application
Initial application made and paid for before
6 April 2015 – no immigration health
surcharge paid
Initial application made on or after 6 April
2015 –the immigration health surcharge will
be paid
Page 28 of 136
Variation application
Variation application made on or after 6
April 2015 – the applicant will have to pay
the immigration health surcharge
Variation application made following initial
application – the applicant will pay the
immigration health surcharge with the
application. Some, or all of, the surcharge
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
paid with the initial application will be
refunded.
For more information, please see:
 Immigration (Health Charge) Order 2015
 Immigration Health Surcharge Guidance
 Immigration and Nationality (Fees) Regulations 2016
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Specified application forms and procedures
Specified application forms and procedures: mandatory sections
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
This page tells you what you must do if the applicant has not completed mandatory sections
of the application form.
An applicant must fully complete all mandatory sections of the application form. They must
answer every question and provide all the information specified in the section.
If an applicant has not sent all the mandatory documents, you must contact them, in writing,
to give them a single opportunity to correct any omission or error they have made which
could make their application invalid. You must give them 10 business days to respond to
your request
You must not reject an application if an applicant fails to complete non-mandatory sections
of the application form.
You can use discretion and accept the application as valid if a mandatory section of the form
is not completed but the applicant provides the required information elsewhere in the
application. For example:
 an applicant does not enter a required passport number on the form but provides a
passport
 a UK-born dependant does not answer each question in the ‘immigration history’
section of a form
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
In this section
Specified application
forms and procedures:
specified forms
Specified application
forms and procedures:
applications made within
21 days of specification
of a form
Specified application
forms and procedures:
fee
Specified application
forms and procedures:
sponsors wrongly
identified as main
applicants
Specified application
forms and procedures:
biographical and
biometric information
Specified application
forms and procedures:
photographs and
documents
Specified application
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forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
specification of format of
photographs
Specified application
forms and procedures:
signing form or
completing confirmation
box
Specified application
forms and procedures:
methods of delivery
External links
Immigration Rules –
paragraph A34 – 34K
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
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forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
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Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: sponsors wrongly specified as main applicants
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
This page tells you how to deal with applications made on a specified application form when
the applicant’s sponsor is wrongly entered as the main applicant.
Applications that must be treated as invalid
The ‘applicant’s details’ section of a specified application form must be completed correctly.
The relevant section of each form contains the words:
‘It is mandatory to complete this section as required. Please note that this application will be
invalid if you do not’.
If an applicant has entered their sponsor’s details, instead of their own, you must contact
them, in writing, to give them a single opportunity to correct the error they have made which
could make their application invalid. You must give them 10 business days to respond to
your request
If they fail to respond to your request the application must be treated as invalid and rejected.
Data inputting
Home Office data inputting staff must make sure the applicant’s details are properly
recorded on CID, making use of information provided in passports or elsewhere on the
application form.
They are not expected to contact an applicant directly when they receive an application in
which the sponsor has wrongly been entered as the applicant. However, they must refer the
case to their manager if they need to enter different information to what is provided on the
form.
Specified application
Page 33 of 136
In this section
Specified application
forms and procedures:
specified forms
Specified application
forms and procedures:
applications made within
21 days of specification
of a form
Specified application
forms and procedures:
fee
Specified application
forms and procedures:
mandatory sections
Specified application
forms and procedures:
biographical and
biometric information
Specified application
forms and procedures:
photographs and
documents
Specified application
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
forms and procedures:
specification of format of
photographs
Specified application
forms and procedures:
signing form or
completing confirmation
box
Specified application
forms and procedures:
methods of delivery
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
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Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 35 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: biographical and biometric information
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
This page tells you when an applicant must provide biographical and biometric information
with a specified application form.
If an application form specifies biographical information is required, the applicant must
provide the specified information.
Application forms for leave to remain specify the ‘applicant’s details’ section as mandatory
because the application is also one for a biometric information residence permit (BRP). The
biometric information regulations require an applicant to provide their personal data.
For more information, see:





Biometric information: introduction
Biometric information: case working
Biometric information: enrolment
Immigration (Biometric Registration) Regulations 2008 (as amended)
Immigration (Biometric Registration) (Amendment) Regulations 2009
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
In this section
Specified application
forms and procedures:
specified forms
Specified application
forms and procedures:
applications made within
21 days of specification
of a form
Specified application
forms and procedures:
fee
Specified application
forms and procedures:
mandatory sections
Specified application
forms and procedures:
sponsors wrongly
identified as main
applicants
Specified application
forms and procedures:
photographs and
documents
Specified application
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Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
specification of format of
photographs
Specified application
forms and procedures:
signing form or
completing confirmation
box
Specified application
forms and procedures:
methods of delivery
External links
Immigration Rules paragraph A34 – 34K
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
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Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 38 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: photographs and documents
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
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This section tells you what to do if an applicant does not provide photographs, passports or
travel documents with a specified application form.
Photographs
Applicants must provide the mandatory number of photographs for each applicant with all
applications on specified forms. The photographs must meet the specified format
requirements.
In this section
Specified application
forms and procedures:
specification of format of
photographs
Related links
You must accept the application as valid if the applicant provides one photograph of each
applicant that meets the mandatory formatting requirements of the application form. You do
not need to request another photograph.
You must accept an application as valid if an applicant cannot provide photographs because
they are temporarily incapable of doing so because of a serious illness or accident. The
applicant must provide written medical evidence and you must still request photographs
from the applicant as soon as they are capable of providing them.
An applicant must provide photographs with their application unless there are exceptional
reasons for not doing so. For example, you may exercise discretion if they provide written
evidence from an appropriate professional that a person included in an application is
terminally ill or a new-born child in special care.
Passports or travel documents
For applications made on some specified forms applicants must send their original, valid
 passports
 travel documents
 national identity cards (unless the applicant is a points-based system migrant)
If the form and/or guidance notes state the applicant must provide these documents with the
application, you must reject the application as invalid if this requirement is not met.
Guidance – Specified application forms and procedures – version 18
Specified application
forms and procedures:
specified forms
Specified application
forms and procedures:
applications made within
21 days of specification
of a form
Specified application
forms and procedures:
fee
Specified application
forms and procedures:
mandatory sections
Specified application
forms and procedures:
sponsors wrongly
identified as main
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
applicants
This is unless the applicant, or their representative, is unable to provide their passport for
one of the reasons listed in the passport section of the application form or unless the
applicant can provide a good reason beyond their control to explain why an original, valid
passport, travel document or (unless the applicant is a points-based system migrant)
national identity card cannot be provided.
For example, where it has been permanently lost and there is no functioning national
government to issue a replacement.
In this scenario, the applicant may have to provide alternative satisfactory evidence of their
identity and nationality.
Specified application
forms and procedures:
biographical and
biometric information
Specified application
forms and procedures:
signing form or
completing confirmation
box
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
methods of delivery
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
External links
Immigration Rules –
paragraph A34 – 34K
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
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Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 41 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: specification of format of photographs
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
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This page tells you about the requirements that photographs submitted with an application
must meet.
Under paragraphs 34A (vi) of the Immigration Rules, photographs must be provided with an
application made using a specified form and the photographs must conform to a specified
mandatory format.
If photographs are not provided, or are not in the specified mandatory format, the application
must be rejected as invalid under the power conferred by paragraph 34C of the Immigration
Rules.
In this section
Specified application
forms and procedures:
specified forms
Specified application
forms and procedures:
applications made within
21 days of specification
of a form
If an applicant has not provided photographs or they are not in the correct format you must
contact them, in writing, to give them a single opportunity to correct this, and any other,
omission or error that would make their application invalid. You must give them 10 business
days to respond to your request.
Specified application
forms and procedures:
fee
Photograph formats
The format is specified in separate photograph guidance clearly referred to in the guidance
for each specified application form. For more information, see: Photograph guidance.
Specified application
forms and procedures:
mandatory sections
The format is specified so photographs submitted are of an acceptable standard. The
scanned image from the photograph can then be matched against biometric information
data obtained when people apply for a biometric residence permit (BRP). It also helps with
more efficient processing of applications, as vignettes can be produced without delays.
Specified application
forms and procedures:
sponsors wrongly
identified as main
applicants
Non-mandatory requirements
There are also non-mandatory requirements for the photographs. Applications cannot be
rejected as invalid when non-mandatory formatting requirements are not met.
Certain photograph requirements are not specified because they do not form part of what
constitutes the ‘format’, as required by the Immigration Rules, or there is an element of
Guidance – Specified application forms and procedures – version 18
Specified application
forms and procedures:
biographical and
biometric information
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
judgement about compliance with the requirement which is difficult to assess during initial
validation checks.
Specified application
forms and procedures:
validation
If you have concerns about the quality of photographs in relation to non-mandatory
requirements, you must ask the applicant to provide further photographs which comply with
all the requirements contained in the photograph guidance leaflet before they attend their
biometric information enrolment appointment.
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
It is also recognised that in the case of damaged photographs some damage may be
outside an applicant’s control. If the damage to the passport photographs is slight and does
not impair the mandatory requirements, replacement photographs are not necessary.
It may not always be possible to judge if a photograph was taken within the last month. The
date of a photograph may only be apparent when a biometric information data match is
made or where the photograph was used on a previous visa application.
Specified application
forms and procedures:
photographs and
documents
Specified application
forms and procedures:
signing form or
completing confirmation
box
Specified application
forms and procedures:
methods of delivery
External links
Applications must not be rejected as invalid because an applicant has not written their name
on the reverse. If it is not clear which photographs relate to which applicant or dependant
the photographs must be returned to the main applicant with a request names be added to
the reverse of each photograph.
Immigration Rules paragraph A34 – 34K
Children aged 5 and under
Young children can be difficult to photograph, so some exceptions to the format
requirements apply to children aged 5 and under. The photograph must show a clear image
that is a true likeness of the child.
Specified application
forms and procedures:
They do not need to have a neutral expression or to look directly at the camera but they
section 3C and 3D leave must face forward and meet all other format requirements.
Specified application
forms and procedures:
withdrawn applications
Babies under one year old do not need to have their eyes open even though this is
preferable. All other format requirements must be met. If the baby’s head needs to be
supported, the supporting hand must not be in the picture.
Specified application
Spouse and partners of settled people in the armed forces
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forms and procedures:
fee rejections – effect of
Basnet
Special considerations apply to the provision of photographs when:
 a person is applying on a SET(M)
 their spouse or partner is currently serving overseas in the armed forces
Specified application
forms and procedures:
transitional
arrangements
If the sponsor’s unit confirms the period of service and that the sponsor is unable to provide
a recent photograph because they are outside the UK you can use discretion and accept an
application without a photograph of the sponsor.
Specified application
forms and procedures:
background
The photograph and documentation provided at the FLR(M) or visa application stage is
sufficient in these circumstances. You can only exercise this discretion at the SET(M) stage,
not when considering the initial 2-year probationary period.
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Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: signing form or completing confirmation box
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
Page 45 of 136
This page tells you about the requirement for specified forms to be signed or confirmation
boxes to be completed.
In this section
Specified application
forms and procedures:
specified forms
Postal applications, applications delivered by courier and applications submitted in
person
If an applicant submits an application by post, in person or by courier they must sign the
form and get the signature of their partner, if appropriate. This requirement is specified in the Specified application
section containing the declarations.
forms and procedures:
applications made within
If the main applicant is under 18, their parent or legal guardian may sign the form instead of 21 days of specification
the applicant.
of a form
If an applicant has not signed the form you must contact them, in writing, to give them a
single opportunity to correct any omission or error they have made which could make their
application invalid. You must give them 10 business days to respond to your request. If they
do not respond to your request the application is invalid.
You must not treat applications as invalid if the signature on the application form does not
match the one in the passport and you have no concerns the applicant has not signed the
form themselves.
For example, if the passport signature reflects a different alphabet or a maiden name to that
on the form, but it is clear the same person signed both the passport and form, you must not
reject based on these variations of signature.
You must not treat the application as invalid if applicant signs the form but does not date it.
You do not need to return the form to the applicant for them to date their signature.
If a person applies on a SET(M) form, their sponsor is working overseas and their
organisation confirms the person is unavailable to sign the application form, you must use
discretion and accept the application as valid.
Guidance – Specified application forms and procedures – version 18
Specified application
forms and procedures:
fee
Specified application
forms and procedures:
mandatory sections
Specified application
forms and procedures:
sponsors wrongly
identified as main
applicants
Specified application
forms and procedures:
biographical and
biometric information
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
You must use discretion and accept an application as valid if the applicant provides written
medical evidence of a disability showing they are unable to sign the form because of a
serious illness or accident.
Online applications
Migrants and their dependants applying under Tier 2 and Tier 5 of the points-based system
(PBS) can submit an online application for leave to remain through the Home Office website.
They can only use a paper application form if the option is available on the Home Office
website.
Migrants in the UK as Tier 4 students, and their dependants, can apply and pay their
application fee online. In exceptional circumstances, for example, if the family group
numbers more than 10 people, they can send the printed version to the Home Office with
their supporting documents.
Online applications are covered by paragraph A34 of the Immigration Rules and the
Immigration (Health Charge) Order 2015. The applicant, or an immigration adviser acting on
their behalf, must complete the confirmation box to confirm the information given is true and
accurate.
Specified application
forms and procedures:
photographs and
documents
Specified application
forms and procedures:
specification of format of
photographs
Specified application
forms and procedures:
methods of delivery
External links
Immigration Rules paragraph A34 – 34K
If an applicant has not signed the form you must contact them, in writing, to give them a
single opportunity to correct any omission or error they have made which could make their
application invalid. You must give them 10 business days to respond to your request. If they
do not respond to your request the application is invalid.
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
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Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 47 of 136
Guidance – Specified application forms and procedures – version 18
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Specified application forms and procedures
Specified application forms and procedures: methods of delivery
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
This page tells you how a specified form can be delivered to the Home Office.
Paragraph 34B of the Immigration Rules specifies the ways an applicant can deliver an
application to the Home Office.
Most applications can either be sent by prepaid post or by applying in person at a premium
service centre (PSC). The exceptions to this are listed in paragraph 34B (i) of the rules.
Examples of applications that cannot be made at a PSC include applications for:
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
 indefinite leave to remain as a victim of domestic violence
 leave to remain on the basis of long residence
Because these types of applications are complex, the Home Office cannot provide a same
day premium service. For more information on which services are provided at PSCs, see:
Visa Premium Service Centres.
If a PSC cannot process an application accepted for the same day service immediately, they
can still accept the application and pass this on to a casework team for a decision.
If, before the fee is taken, the PSC decides a decision cannot be made on the same day,
they must advise the applicant they have the option of making a postal application and
paying the lower fee.
Paragraph 34B(ii) of the rules confirms which type of application the applicant can send by
courier. These are mainly employment routes but Tier 4 applications can also be accepted
on a case by case basis.
All specified application forms and associated guidance notes state how an application must
be made. If an application is made in any other way, you must reject it as invalid.
Specified application
Page 48 of 136
In this section
Specified application
forms and procedures:
specified forms
Specified application
forms and procedures:
applications made within
21 days of specification
of a form
Specified application
forms and procedures:
fee
Specified application
forms and procedures:
mandatory sections
Specified application
forms and procedures:
sponsors wrongly
identified as main
applicants
Specified application
forms and procedures:
biographical and
biometric information
Specified application
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
forms and procedures:
photographs and
documents
Specified application
forms and procedures:
specification of format of
photographs
Specified application
forms and procedures:
signing form or
completing confirmation
box
External links
Immigration Rules paragraph A34 – 34K
Visa Premium Service
Centres
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
Page 49 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 50 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: dependants
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
Page 51 of 136
This page tells you about the forms used by dependants of main applicants and when these
are valid.
Paragraph 34D of the Immigration Rules allows applications by dependants to be included
on specified application forms if they are related to the main applicant as their:





spouse
civil partner
unmarried partner
same-sex partner
child under the age of 18
Related links
See also
Link to staff intranet
removed.
External links
Immigration Rules paragraph A34 – 34K
This only applies if the form allows such dependant applications to be included.
Dependants not specified in paragraph 34D
If the applicant includes dependants other than those specified in paragraph 34D in an
application, you must treat the applications of the dependants as invalid. This does not
invalidate the application of the main applicant or the applications of any dependants who
can be included on the form, as long as the application meets all of the other mandatory
requirements.
You do not need to use the 10 business day correction opportunity for dependants not
specified in 34D who have been included on the application. This is because it is not
possible for the applicant to correct an error.
You must write to the applicant giving them 10 business days to respond for all other
validation errors or omissions which would make their and any permitted dependants’,
applications invalid.
Dependants specified in paragraph 34D
If the applicant includes dependants specified in paragraph 34D in an application, even if
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
there is no provision for dependants in the rules under which the application is made, the
application for that dependant will be valid.
Specified application
forms and procedures:
validation
You must check all the other mandatory requirements of paragraph 34A of the rules have
been met and the correct fee has been paid. You must refuse such an application from a
dependant, as it is for a purpose not covered by the rules. You must still consider the main
applicant’s application in line with the rules under which they have applied.
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Applicants who must use a PBS (Dependant) form
A person who applies for leave to remain as the dependant of a points-based system (PBS)
migrant must use a PBS (Dependant) form if they are related to the PBS migrant as either
their:





spouse
civil partner
unmarried partner
same-sex partner
dependent child, including children aged 18 or over
Other family members of PBS migrants who apply on a PBS (Dependant) form can be
considered for a grant of leave outside the Immigration Rules. For more information on
considering these applications, see: Applications submitted on a PBS (Dependant) form for
relatives who are neither the partner nor the child of the main applicant.
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
Page 52 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 53 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: PBS dependants
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
Page 54 of 136
This page tells you how to check whether an application is valid when a family member
applies for an extension with the main points-based system (PBS) migrant.
Apart from dependent family members of Tier 1 (General) migrants, PBS dependants who
apply at the same time as the main PBS migrant pay a lower fee than if they apply
separately. However, children of PBS migrants aged 18 and over cannot include their
application with the PBS migrant’s. They must submit an application in their own right and
pay the higher fee.
External links
Immigration Rules
paragraphs 319AA319K
Fees for Home Office
services
If you receive an application from a main applicant which claims to include dependants but
the dependant forms are missing, you must input the main application onto CID but do not
add the dependant’s details until their forms are received.
The table below gives you examples of these types of cases and tells you how to process
them.
Applications made
The PBS migrant has:
 named dependants on their
application form
 only paid the fee for the PBS migrant
 not completed PBS dependant forms
for any family members
The PBS migrant has:
 named dependants on their PBS
application form
 only paid the main applicant’s fee
Action to take
The only valid application is the PBS
migrant’s. You must notify the applicant in
writing that the applications for their
dependants are not valid.
The applicant must complete a separate
dependant form and pay the appropriate fee
for each family member who applies
separately from the main applicant.
 write to the main applicant, or their
representative (where applicable), to
request the fee is paid within 10 days
of the date on the request letter
 if the fee is received within the
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Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
 enclosed a PBS dependant form for
each family member
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
The PBS migrant has:
 named dependants on their PBS
application form
 paid the correct fee, including the
additional fee for each dependant
included with their application
 completed the PBS dependant forms
correctly
 not submitted a valid application and
their PBS application falls for rejection
for a mandatory reason – for example,
because the form has not been signed
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
Page 55 of 136
deadline:
o issue a biometric enrolment letter
o consider the application as normal
 if the fee is not received within the
deadline:
o reject the dependant application
o Inform the migrant that they will
have to make a separate
dependant application
 write to the main applicant, or their
representative (where applicable), to
request the missing information is sent
within 10 days of the date of the
request letter
 if the information is received within the
deadline:
o issue a biometric enrolment letter
o consider the application as normal
 if the information is not received within
the deadline:
o reject both the main and the
dependant application
o if the applicant, or their
representative, state the requested
information is held on file by the
Home Office, you should request
the file to obtain the information
The PBS migrant has:
 named dependants on their PBS
application form
 paid the additional fee for each
 write to the main applicant, or their
representative, to request they submit
the missing form or forms within 10
days of the date on the request letter
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Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
dependant
 not included separate PBS dependant
forms
Specified application
forms and procedures:
transitional
arrangements
 if you receive the dependant forms
within the deadline, issue the
biometric enrolment letters
 if you do not receive the forms in time:
o reject the dependant cases and
issue rejection letters
o issue a biometric letter for the main
applicant
The PBS migrant has:
Specified application
forms and procedures:
background
Page 56 of 136
 named dependants on their PBS
application form
 completed a PBS dependant form for
each dependant
 paid the additional fee for each
dependant
 not completed a mandatory section of
the PBS dependant form
 write to the main applicant, or their
representative (where applicable), to
request the missing section of the
dependant forms within 10 days of the
date on the request letter
 if you receive the completed
dependant forms within the deadline,
issue the biometric enrolment letters
 if you do not receive the completed
forms in time:
o reject the dependant application
o inform the migrant that they will
have to make a separate
dependant application
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: varying an application
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
Page 57 of 136
This page tells you the procedures to follow if an applicant seeks to vary the grounds of an
outstanding application before a decision is made on it.
Related links
See also
An applicant can vary an application at any time before a decision is made on it. They can
do this if they want to be considered for a grant of leave on a different basis to their initial
application.
Specified application
forms and procedures:
specified requirements
If the applicant wishes to vary their leave for a purpose where a specified application form is
required, they must complete the new form and meet all the requirements of paragraph 34A
of the Immigration Rules and the Immigration (Health Charge) Order 2015, for the variation
to be valid.
Specified application
forms and procedures:
section 3C and section
3D leave
For more information on these requirements, see related link: Specified application forms
and procedures: specified requirements.
A person who varies their application does not have to pay an additional fee unless the new
ground they want to be considered under has a higher fee than their original application. In
this case, they must pay the difference between the original fee and the new higher fee.
This means a valid variation will look like a new application. You must check CID to see if an
earlier application exists which does not yet have an outcome. This will tell you whether the
new application is a variation of an existing application which has not yet been decided.
Section 3C of the
Immigration Act 1971
External links
Immigration Rules paragraph A34 – 34K
The application date remains the date of the original application and not the date of the
variation. You will need to consider this when deciding if the applicant benefits from section
3C leave. For more information, see related links:
 Specified application forms and procedures: section 3C and section 3D leave
 Section 3C of the Immigration Act 1971
If a variation meets all the requirements of paragraph 34A except including photographs,
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
you can use discretion and accept the variation as valid if the applicant and their
dependants, if appropriate, have already submitted photographs with their initial application.
Specified application
forms and procedures:
validation
A person cannot vary their leave if they have an appeal either pending or which could be
brought. For more information, see related link: Specified application forms and procedures:
section 3C and section 3D leave.
Specified application
forms and procedures:
applications made on
forms that are not
specified
A variation of a dependant’s application is only valid if they were included on the original
application. If they were not included on the original application, you must advise the
dependant to make a separate application and to pay the relevant fee.
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Variation of points-based system (PBS) application with change of sponsor
If an application for leave to remain under PBS is varied because the applicant would be
working for or studying at a different sponsor, you must use the date on which the
application was varied when making your decision.
This date must be used for determining which rules and guidance the application must be
considered under, and what date you will use for calculating time-bound requirements such
as maintenance.
The application date for the purpose of determining continuity of leave and whether the
applicant is covered by 3C leave must be the date on which the original application was
made.
Please see the example below.
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
Page 58 of 136
1. A PBS migrant submits a valid application for leave to remain to study with sponsor A
on 1 October.
2. Their existing leave to remain expires on 30 October.
3. On 1 December, they vary their application to study with sponsor B.
4. The date of their application for the purpose of determining whether it was made in
time is 1 October, therefore their application was in time.
5. The date of their application for the purpose of calculating maintenance requirements
for study with sponsor B is 1 December, the date which they varied their application.
Guidance – Specified application forms and procedures – version 18
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forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Invalid attempts to vary an application
If an applicant tries to vary an application but does not complete the form specified for this
purpose you must send them:
 ICD.4945 for the rejection of applications made before 20 October 2014
 ICD.4946 for the rejection of applications made on or after 20 October 2014
If you receive the correct specified form for the variation it must also meet all the specified
forms requirements, except for the inclusion of photographs. If these requirements are not
met, the variation is invalid. You must send the applicant another copy of the relevant form,
as described above. For more information, see related link: Specified application forms and
procedures: specified requirements.
If the applicant does not vary their original application within the timescale provided, you
must continue to consider the original application.
If the variation is invalid, you must enter ‘REJECT’ into the CID outcome field.
Page 59 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: date of application
Specified application
forms and procedures:
about this guidance
This page tells you how to assess the date an application is made on a specified application
form.
Specified application
forms and procedures:
postal strikes
The date of application or variation is either the date:
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
Page 60 of 136
In this section
 of posting for postal applications sent by Royal Mail – you must accept the postmark as
evidence of the date of posting
 on which it is accepted by a Home Office premium service centre, where the
application form is submitted in person
 it is delivered to the Home Office if it is sent by courier or other postal services provider
 it is submitted through the online application process
If the envelope in which the application was posted is missing, or if the postmark is illegible,
you must take the date of posting to be at least one day before it is received. You must take
the date of processing on the payment contractor’s stream sheet as the date the application
was received.
Specified application
forms and procedures:
when an application
should be made
External links
Immigration Rules paragraph A34 – 34K
In the above situation, if there is also accompanying correspondence with the application
that matches the likely date of posting, and that date is earlier than postage date calculated
using the above method, you must take this earlier date as the application date. If you are
unsure, you must accept the date most favorable to the applicant.
If an application, or variation, was previously rejected as invalid under the Immigration
Rules, and the applicant resubmits an application that fully meets the requirements of
paragraph 34A and the Immigration (Health Charge) Order 2015, you must take the date of
application, or variation, as the date the valid application form is resubmitted. The guidance
above tells you how to determine the date of application.
You must make sure the Home Office keeps the fee before you confirm the new application
is valid. You must confirm this by checking the ‘Case Payment Details’ screen and the ‘Case
Notes’ screen in GCID. An application or variation can only be valid once all the
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Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
requirements of paragraph 34A of the rules and the Immigration (Health Charge) Order 2015
are met.
Specified application
forms and procedures:
validation
To check the correct fee has been paid and retained, check the amount paid on the GCID
‘Case Payment’ screen. You must also check the notes to verify a refund request or other
fee issues have not been submitted to the charging support team.
Specified application
forms and procedures:
applications made on
forms that are not
specified
If you decide to reverse a previous decision to treat an application as invalid and treat it as a
valid application, you must take the date on which the application was originally made as the
application date.
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
Page 61 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 62 of 136
Guidance – Specified application forms and procedures – version 18
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Specified application forms and procedures
Specified application forms and procedures: postal strikes
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
Page 63 of 136
This page tells you how to consider the date of an application if it is affected by official postal In this section
strike action.
Specified application
You must consider how an official postal strike affects:
forms and procedures:
date of application
 an applicant’s ability to post their application and related correspondence
 the time it takes for an applicant to receive decisions made or correspondence sent by Specified application
forms and procedures:
the Home Office
when an application
should be made
You must take the date of submission of a postal application from the date of postage. You
can determine this from the postmark.
External links
Letters and packages posted immediately before or during strikes
Immigration Rules Letters and packages posted immediately before or during strikes may have postmarks
paragraph A34 – 34K
dated some days later and applicants may be unable to post their applications during a
strike.
If a postmark is dated within 2 days, excluding Sundays and bank or public holidays, of the
end of any national post strike, you can consider the application was submitted on the last
full collection day before the strike. If a Global email is issued to Home Office staff following
a postal strike to advise which dates you can accept, follow the instructions in the email.
Evidence the application was made after the last full collection day before the strike
started
If there is evidence to suggest the application was posted after the last full collection day
before the start of a strike, you must ask your manager if you can consider the date of the
correspondence as the application date.
Evidence can include:
 the application form was signed after the last collection date
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
 supporting evidence, such as letters or bank statements dated after the last collection
day
Requesting further information
If you have requested more information from an applicant, you must allow the applicant
more time to provide the information if their ability to submit the evidence is affected by the
strike action. This must be equivalent to the number of strike days plus an additional 3 days.
You must only consider rejecting or refusing the case on the non-production of information
or evidence after this time has passed.
If the evidence does not clearly identify the date of postage and if the delivery time was
affected by a strike, you must give the benefit of doubt to the applicant.
Unofficial strikes
If there is evidence to suggest the posting of an application, related correspondence or the
receipt of a decision may have been affected by unofficial strike action, you must consult
your manager with a view to applying the principles that apply during an official strike. You
must give the benefit of doubt to the applicant.
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
Page 64 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 65 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: when an application should be made
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
This page tells you when an applicant needs to apply for further leave and how this affects
the consideration of the application.
A person must make an application for further leave before their current leave expires. If
they do not their appeal rights and conditions of leave will be affected negatively. For more
information, see related link: Section 3C of the Immigration Act 1971.
You must check when an applicant’s current leave expires. If limited leave was granted to a
specific date, for example to 17 August, it expires at 11:59pm on 17 August. If leave was
granted for a specified period, for example, leave granted for 6 months on 17 February, you
do not count the first day. The period of leave starts on 18 February and expires at 11:59pm
on 17 August.
Applicants who need to meet a qualifying period for indefinite leave must not apply for
further leave until they are within 28 days of completing the relevant qualifying period. This
allows them to meet any required qualification periods for the continuous leave requirement.
This is not a mandatory requirement of paragraph 34 of the Immigration Rules and you must
not reject an application as invalid if the applicant submits it more than 28 days before they
have completed the relevant qualifying period. For more information on applications for
indefinite leave that have been submitted early, see: Early ILR applications.
In this section
Specified application
forms and procedures:
date of application
Specified application
forms and procedures:
postal strikes
Related links
See also
Section 3C of the
Immigration Act 1971
External links
Immigration Rules paragraph A34 – 34K
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
Page 66 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
Page 67 of 136
Guidance – Specified application forms and procedures – version 18
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forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 68 of 136
Guidance – Specified application forms and procedures – version 18
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Specified application forms and procedures
Specified application forms and procedures: validation
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
This page tells you about the validation procedures for applications made on a specified
application form.
If an applicant submits an application on a specified form, it must meet all the relevant
requirements of paragraph 34A and the Immigration (Health Charge) Order 2015 to be valid,
unless it is an online application which must meet paragraph A34 and the Immigration
(Health Charge) Order 2015.
You must consider a valid application in line with the Immigration Rules and relevant policy.
If a form is not specified, it is not subject to the requirements of paragraph 34A but will still
be subject to the requirements of the Immigration (Health Charge) Order 2015.
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
In this section
Specified application
forms and procedures:
validation of
photographs
Specified application
forms and procedures:
rejection of invalid
applications
Specified application
forms and procedures:
discretion
Specified application
forms and procedures:
validation checklist
External links
Immigration Rules paragraph A34 – 34K
Specified application
forms and procedures:
varying an application
Specified application
Page 69 of 136
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forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
Page 70 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 71 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: validation of photographs
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
This page tells you about the validation procedures for photographs provided with a
specified application form.
If you are completing validation checks on photographs, you will receive a template that
allows you to determine the correct measurement and position of a person’s face, in
particular the eyes.
For more information on the photograph standards, see related links:
 Photograph guidance
 Specification of format of photographs
If an applicant has not provided photographs or they are not in the correct format you must
contact them, in writing, to give them a single opportunity to correct any omission or error
they have made which could make their application invalid. You must give them 10 business
days to respond to your request.
If the applicant does not respond to your request you must reject the application as invalid
using the standard rejection letters. For more information, see related link: Specified
application forms and procedures: rejection of invalid applications.
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
rejection of invalid
applications
Specified application
forms and procedures:
discretion
Specified application
forms and procedures:
validation checklist
Related links
See also
Specified application
forms and procedures:
specification of format of
photographs
External links
Immigration Rules paragraph A34 – 34K
Specified application
Page 72 of 136
In this section
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
Page 73 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 74 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: rejection of invalid applications
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
Page 75 of 136
This page tells you what action to take if you receive an invalid application on a specified
application form.
You must contact the applicant, in writing, to give them a single opportunity to correct any
omission or error they have made which could make their application invalid, except for the
failure to enrol their biometric information. You must give them 10 business days to respond
to your request.
If they do not respond to your request you must reject the application as invalid because it
does not meet the specified requirements of paragraph 34A of the Immigration Rules and
the Immigration (Health Charge) Order 2015.
Although the rules do not specify a time limit for when you can reject an application, you
must do this as soon as possible. You must complete all validation checks, including fee
exceptions where they apply, before you reject the application. This makes sure the
applicant is not given the impression their application is valid in all other respects, if their
application does not meet more than one requirement.
Action for caseworkers
If you reject the case as invalid, you must:
In this section
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
validation of
photographs
Specified application
forms and procedures:
discretion
Specified application
forms and procedures:
validation checklist
External links
 mark the application as ‘Invalid’ and sign and date this at the top of section 1 – if there
is no section 1 on the form, sign and date the front page
 record the reasons you consider the form to be invalid in the case notes field of CID
 enter ‘REJECT’ into the CID outcome field
Immigration Rules paragraph A34 – 34K
Please see table below for what action to take in the circumstances outlined and what
documents to retain or return to the applicant:
Circumstances of the case:
The applicant:
Documents to retain:
The applicant’s
Documents to return:
 the application form
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
Specified application
forms and procedures:
validation
 any photographs or
documents submitted
passport.
 applied out of time
 no longer has any valid
leave
 is liable to removal
Send the above to the
applicant, or their immigration
adviser, with the following
covering letter:
Specified application
forms and procedures:
applications made on
forms that are not
specified
 ICD.4945 for the
rejection of applications
made before 20 October
2014
 ICD.4946 for the
rejection of applications
made on or after 20
October 2014
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
The applicant applied in time
but during the consideration
process became out of time
and is liable for removal.
The applicant applied in time
and the application was
refused but the applicant still
has extant leave which isn’t
going to be curtailed.
 the application form
 any photographs or
documents submitted
The applicant’s
passport.
None.
You must return all
documents to the applicant,
this includes the passport.
Specified application
forms and procedures:
withdrawn applications
Specified application
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Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 77 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: retention of administration fee
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
This page tells you about the retention of an administration fee for invalid applications.
In this section
From 18 March 2016, new fees regulations allow the Home Office to retain an administration The Immigration and
fee. This applies to all charged in country applications for leave to remain where a fee has
Nationality (Fees)
been paid but where the application contains errors or is missing information and is
Regulations 2016
therefore rejected as invalid.
An administration fee cannot be retained if an application is void, or the applicant has
died.
Specified application
forms and procedures:
definition of specified
application forms
Where the fee has been paid but the application is invalid, the caseworker must reject the
application and process a refund for the application minus £25 per person included in the
application. This applies to applications submitted on or after 18 March 2016.
Specified application
forms and procedures:
online applications
If an application is invalid because a fee has not been paid, an administration fee cannot be
retained. However, if the incorrect fee has been paid, an administration fee must be retained
against the incorrect fee.
Specified application
forms and procedures:
specified requirements
Migrants may be given an opportunity to rectify any errors or omissions within 10 business
days. If they fail to provide the requested information, the application will be rejected and
the administrative fee retention process will apply.
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Page 78 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Page 79 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 80 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: discretion
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
This page tells you when it may be appropriate to use discretion when assessing if an
application made on a specified form is valid.
On 6 November 2014 the Immigration Rules introduced a correction opportunity for invalid
applications. This gives applicants 10 business days to correct errors or omissions which
would result in their application being invalid. It means the need for discretion in validation
cases is now unlikely.
The exercise of any discretion is confined to the most exceptional circumstances, and must
be authorised by an officer of at least senior executive officer (SEO) level (deputy chief
caseworker or equivalent).
Specified application
forms and procedures:
online applications
If the application was received more than 3 months ago and does not meet the specified
form requirements, you must use discretion and accept it as valid. This is because the
applicant may be unfairly disadvantaged if you reject their application after this length of
time. This exercise of discretion cannot extend to applications where the correct fee has not
been paid, or biometric information has not been provided.
Specified application
forms and procedures:
specified requirements
Fees
You must not use discretion and accept an application or claim as valid if a specified fee is
not paid. The requirements for the payment of fees are in the relevant fees regulations.
Specified application
forms and procedures:
dependants
You must contact the applicant, in writing, to give them a single opportunity to correct any
omission or error they have made which could make their application invalid. You must give
them 10 business days to respond to your request.
Specified application
forms and procedures:
varying an application
If the applicant does not respond to your request to pay the correct fee, the application is
invalid because of the regulations rather than the Immigration Rules.
Specified application
Page 81 of 136
In this section
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
validation of
photographs
Specified application
forms and procedures:
rejection of invalid
applications
Specified application
forms and procedures:
validation checklist
External links
Immigration Rules paragraph A34 – 34K
The Immigration and
Nationality (Fees)
Regulations 2010
Biometrics
You must not use discretion and accept an application or claim as valid if the applicant has
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
not provided their biometric information. The requirement to provide biometrics is included in
the Immigration (Biometric Registration) Regulations 2008.
Specified application
forms and procedures:
validation
Exceptions
You must not automatically use discretion and accept an application or claim as valid if a fee
exemption has been claimed. In this case you must first decide if the application is fee
exempt before making a decision on whether the application can be validated.
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
You must not automatically accept such an application as valid where it was received more
than 3 months ago, if after you have considered the claim for exemption you find that a fee
must be paid.
In this case you must contact the applicant, in writing, to give them a single opportunity to
correct any omission or error they have made which could make their application invalid.
You must give them 10 business days to respond to your request.
If they do not respond to your request you must reject the application because the specified
fee has not been paid, even if it was made over 3 months ago. If you find that the application
is fee exempt but does not meet other specified form requirements, you may use discretion
about those requirements if the application was received over 3 months ago.
If you use discretion to accept an application as valid, you must consider it under the
Immigration Rules and published policy appropriate to the application.
If you reject an application as invalid but later decide to reverse this decision, the date of
application is the date on which the application was first made.
Specified application
forms and procedures:
withdrawn applications
Specified application
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forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 83 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: validation checklist
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
Page 84 of 136
This page contains a checklist covering the basic checks you must make to an application
on a specified form.
Check
requirements
Is the application
form one which is
specified in
accordance with the
Immigration Rules?
Is the form the
current specified
version?
Action
Yes - continue
Yes - continue
Has the correct fee
been paid in full?
Has the immigration
health surcharge
been paid
Have photographs
been provided in
the correct format, if
this is applicable?
Yes – continue
Have all specified
documents been
provided if there are
such documents?
Yes - continue
Yes - continue
Yes - continue
See related link
In this section
Specified application
forms and procedures:
validation
No - specification
rules do not apply
so application is
valid
Applications made
on forms that are
not specified
No – application is
invalid unless
covered by
transitional
arrangements
No – application is
invalid
No – application is
invalid
Specified forms
Immigration health
surcharge
Specified application
forms and procedures:
discretion
No – application is
invalid (but a
variation will be
valid)
Photographs and
documents
Related links
See also
Validation of
photographs
Specified
requirements
Specified application
forms and procedures:
applications made on
forms that are not
specified
Transitional
arrangements
Specified application
forms and procedures:
rejection of invalid
applications
Fee
No – application is
invalid but only if it
is clear the passport
or other document
Photographs and
is mandatory
documents
Guidance – Specified application forms and procedures – version 18
Specified application
forms and procedures:
validation of
photographs
Specified application
forms and procedures:
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Have all mandatory
sections of the form
been completed as
required (including
information needed
for biometric
residence permits
(BRPs) for certain
application types)?
Has the form been
signed as
specified?
Has the applicant
complied with the
requirements for
dependants where
applicable (taking
account of different
arrangements for
points-based
system (PBS) and
non-PBS cases)?
Yes - continue
Have all the
relevant
requirements been
complied with?
Yes - application is
valid
Does the person
have 3C leave?
No – continue
No – application is
invalid
Yes - continue
No – application is
invalid
Yes – continue
No - main
applicant’s
application is valid if
otherwise meets
requirements.
Dependant’s
application may be
invalid
specified forms
Biographical and
biometric
information
Specified application
forms and procedures:
transitional
arrangements
Signing form or
completing
confirmation box
Dependants
Specified application
forms and procedures:
fee
Specified application
forms and procedures:
photographs and
documents
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
mandatory sections
No - application is
invalid
Validation
Discretion
Yes – the
application is invalid
Specified application
Page 85 of 136
Mandatory sections
Guidance – Specified application forms and procedures – version 18
Specified application
forms and procedures:
biographical and
biometric information
Section 3C leave
Specified application
forms and procedures:
signing form or
completing confirmation
box
Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
section 3C and section
3D leave
External links
Immigration Rules paragraph A34 – 34K
Immigration Health
(Charge) Order 2015
Page 86 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: applications made on forms that are not specified
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
This page tells you what action to take if you receive an application on a form that is not
specified.
Related links
See also
If a form is not specified, you cannot consider an application as invalid under these rules, as
the provisions of paragraph 34A do not apply. However if a specified fee or the immigration
health surcharge is not paid in full it may still be invalid under the relevant fees regulations.
Specified application
forms and procedures:
dependants
An example of an application type that does not have a specified form is the application to
confirm rights of residence under European law.
External links
You must request more information from the applicant, if necessary, for an application made
on a non-specified form to be considered properly. If a non-specified form has a personal
history section, the applicant must answer all questions and provide additional information
as required.
Immigration Rules paragraph A34 – 34K
If the applicant does not provide the missing information or items you request within a
reasonable period, normally 28 days, you must refuse the application under paragraph
322(9) of the Immigration Rules.
The requirements of the rules on ineligible dependants and the date when an application is
considered to have been made also apply to applications which are not made on specified
application forms. For more information on dependants, see related link: Specified
application forms and procedures: dependants.
Specified application
forms and procedures:
varying an application
Specified application
Page 87 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
Page 88 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 89 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: applications made by people outside the UK
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
This page tells you what action to take if you receive an application on a specified form from
a person who is outside of the UK.
There is no legislation to prevent a person making a valid application for leave when they
are outside the UK. You must not treat an application as invalid just because the person is
outside the UK, if it meets the validation requirements.
Immigration Rules paragraph A34 – 34K
However, there are no powers to grant leave to remain to a person outside the UK. You
must consider such an application as void. No decision is required. It may be appropriate to
refund an applicant’s fee in this situation.
You must normally void any in-country application where the applicant:
 has travelled outside the UK using a second passport or other travel document
 is still outside the UK
This is because there is no power to grant them leave while they are overseas and they will
not be able to re-enter the UK just to continue with their application.
An exception might be where the person has existing valid leave which will not expire before
they return, or they are a dual-national with an EU passport that will allow them to re-enter
the UK.
Specified application
forms and procedures:
dependants
In such cases you must consider whether to hold the application until the person returns,
based on such factors as their length of previous residence and ties to the UK.
Specified application
forms and procedures:
varying an application
The same applies if the leave to remain application includes a dependant who is outside the
UK. You can make a decision on the main application but you cannot make a decision on a
dependant who is overseas and you must normally void their application.
Specified application
If the applicant or dependant has travelled overseas on a second passport or travel
Page 90 of 136
External links
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
document and has already returned to the UK, do not void the application. You can decide it
as normal, but if you are assessing the case you must take account of the applicant’s
current immigration status and the effect of any gaps in residence.
Specified application
forms and procedures:
validation
For example, if the applicant re-entered the UK as a visitor, this is their current immigration
status and their application may fall for refusal on switching grounds.
Specified application
forms and procedures:
applications made on
forms that are not
specified
Overstayers who leave the UK – exit checks
Where Home Office records indicate that a migrant who has overstayed their leave has left
the UK, the outstanding application must be voided. The migrant’s passport must be
returned to their Embassy. We must retain all documents provided in support of the
application.
Specified application
forms and procedures:
applications made by
people outside UK
You must notify the migrant of this outcome using ICD.5057.
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
The difference between an invalid and void application
An application is invalid if it does not meet the specified validity criteria set out in paragraphs
A34-34K of the Immigration Rules or the Immigration (Health Charge) Order 2015. For
example, the migrant:




used the wrong form
did not complete mandatory sections of the form
did not pay the correct fee
did not pay the immigration health surcharge
Specified application
An application is void when the Home Office cannot process it because the application is
forms and procedures:
inappropriate. For example, an application for:
section 3C and 3D leave
 limited leave to remain from a person who already has indefinite leave to remain
Specified application
 leave to remain submitted by a person outside the UK
forms and procedures:
withdrawn applications
The applicant may or may not meet the criteria for a grant of leave in the route they are
Specified application
Page 91 of 136
applying for, but the leave cannot be granted even if the person did meet the criteria set out
in the rules. These applications are void, rather than rejected because the applications may
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
not be invalid.
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 92 of 136
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
Specified application forms and procedures
Specified application forms and procedures: applications for discretionary leave made on the incorrect form
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
This page tells you what to do when you receive an application for discretionary leave made
on form HPDL or DL instead of form FLR(O).
Where an applicant applies for further discretionary leave on form HPDL or DL you must
write to the applicant to explain they need to vary their application because they have
applied on the wrong form.
You must give them 28 calendar days to make an application on the correct FLR(O) form
and submit the current fee.
You must make it clear that if a response is not received within 28 calendar days then 3C
leave will lapse and the applicant will automatically become an overstayer and be liable for
removal.
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
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Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
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Published for Home Office staff on 18 March 2016
forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
Page 95 of 136
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Specified application forms and procedures
Specified application forms and procedures: section 3C and section 3D leave
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
This page tells you how a person’s leave that is automatically extended by section 3C or
section 3D of the Immigration Act 1971 can affect the validity of an application.
Related links
See also
Section 3C
Section 3C(2) of the Immigration Act 1971 (as amended) automatically extends a person’s
leave if either:
Link to staff intranet
removed.
External links
 they apply for further leave before their current leave expires, while their application is
still outstanding, and they do not withdraw the application before a decision is made
 an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 for
an in-time application for the variation of leave could be brought or is pending
Specified application
forms and procedures:
definition of specified
application forms
This leave lapses if the applicant leaves the UK.
Specified application
forms and procedures:
online applications
Section 3C(4) of the 1971 act prevents the applicant from making a new application for a
variation of leave while they have 3C leave. This means if an applicant with 3C leave
submits a new application, you can automatically consider this to be void.
Specified application
forms and procedures:
specified requirements
However, section 3C(5) of the 1971 act allows an applicant with 3C leave to vary their
application at any time before it is decided. This means they can ask for their application to
be considered on different grounds to their original application.
Specified application
forms and procedures:
dependants
You must check CID to see if an applicant has an outstanding application and whether 3C
leave is in effect. If they have, you will need to establish if the applicant wishes the new form
to be considered as a variation of the grounds upon which their original application was
made.
Specified application
forms and procedures:
varying an application
Specified application
Page 96 of 136
Immigration Rules paragraph A34 – 34K
Section 3C of the
Immigration Act 1971
If a person has 3C leave after you have made a decision on their application and an appeal
is pending or can be brought, they can submit additional grounds of appeal up to the time
the appeal is heard, if they have permission from the Asylum and Immigration Tribunal. For
more information, see: Section 3C of the Immigration Act 1971.
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Section 3D
Section 3D(2) of the Immigration Act 1971 (as amended) automatically extends a person’s
leave when their leave to enter or remain is either curtailed or revoked, and an appeal could
be brought or is pending.
As with section 3C leave, a person cannot make a new application for variation of leave
while they have section 3D leave, but they can vary their leave. See Section 3C above for
details on how to handle these cases.
Checking whether the applicant is covered by Section 3C or 3D leave
To confirm if an applicant is covered by section 3C or 3D leave, you must check the
previous application was in time. If it was, you must check whether there was a right of
appeal against the previous decision and the date the decision was despatched using the
‘Case Maintenance’ screen in GCID. You must also check if an appeal was lodged using the
GCID ‘Appeal’ screen and GCID case notes.
Applicants have ten working days following receipt of their decision notice to lodge an intime appeal. Decision notices are deemed to have been received 2 working days after
postage, unless the evidence shows otherwise. This is specified in the Immigration (Notices)
Regulations 2003.
For more information on the acts, see:
 Nationality Asylum and Immigration Act 2002
 Immigration Act 1971
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
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forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
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Specified application forms and procedures
Specified application forms and procedures: withdrawn applications
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
Page 99 of 136
This page tells you when an application for leave to remain must be treated as withdrawn
and what action you must take.
Related links
See also
If a person requests the return of their passport to travel outside the common travel area
(CTA) before a decision is made on their application for leave to remain, you must treat the
application as withdrawn on the date that request is received by the Home Office under
paragraph 34J of the Immigration Rules. The CTA includes the:
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removed.




External links
Immigration Rules paragraph A34 – 34K
UK
Republic of Ireland
Channel Islands
Isle of Man
Paragraph 34J does not apply to an applicant who applies as a Tier 2 or Tier 5 migrant and
whose application is supported by a certificate of sponsorship from a premium sponsor. This
exemption is set out in paragraph 34K of the Immigration Rules. These migrants can request
their passport for travel purposes and their application will not be treated as withdrawn,
although they will still need valid leave in order to re-enter the UK (see below).
In all cases, you must ask the person to confirm their request for the return of their passport
by letter. You can only return the passport if you receive a fax or email if the request is
urgent. You must record the details in the case notes on CID. You must treat the application
as withdrawn regardless of whether or not the applicant later travels. You must not refund
the specified fee and the applicant has no right of appeal against the withdrawal. This is
because there will not have been a decision to refuse to vary leave.
You must not treat an application as withdrawn if the person:
 travels outside the CTA on another passport, an emergency travel document or
illegally, unless they also request the return of their passport for travel outside the CTA
 requests the return of their passport for purposes other than travel (or for travel within
Guidance – Specified application forms and procedures – version 18
Published for Home Office staff on 18 March 2016
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
the CTA) – for example to open a bank account, take the Life in the UK Test or apply
for an identity document not related to travelling outside the CTA
If a person, with an outstanding application, travels outside the UK the application does not
give them any right to re-enter the UK to receive a decision on their application. They are
liable to be refused entry, unless:
 they are allowed to re-enter the UK with a different type of leave
 their existing leave has not yet expired and is not cancelled at the border
If the person is covered by section 3C leave because they made an in-time application and
their leave expired before they left the UK, their section 3C leave expires when they leave
the UK.
If a person is covered by section 3C leave and they wish to withdraw their application, 3C
only comes to an end at the point the Secretary of State for the Home Department (SSHD)
treats the application as withdrawn.
If a person is given leave to enter the UK in a different immigration category, for example as
a visitor, this is their current immigration status and you must take this into account when
you consider whether they meet the requirements of the rules under which they originally
applied. This may result in their application being refused, for example on switching
grounds.
If there is evidence that a person used deception by claiming they needed their passport for
Specified application
ID purposes to avoid their application being treated as withdrawn, but intended to travel
forms and procedures:
outside the CTA at the time they made the request, you may take this deception into
section 3C and 3D leave account when considering the application.
Specified application
forms and procedures:
withdrawn applications
Evidence of such deception might include travel bookings made on or before the date the
person made the request for the return of the passport for ID purposes. A person who has
attempted to deceive the Home Office may fall for refusal under paragraph 322(2) of the
general grounds for refusal. For more information, see: General grounds for refusal.
Specified application
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forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
An applicant can also withdraw their application by sending a written request. If the request
is ambiguous, you must confirm the withdrawal request with the applicant.
The case of Qadeer clarified that the SSHD does not have to agree to the withdrawal of an
application but may consider and decide the application even where that might lead to an
adverse decision.
The most common reason to reject a withdrawal request from an applicant and decide an
application is where we suspect that deception has been exercised by the applicant.
Specified application
forms and procedures:
background
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Specified application forms and procedures
Specified application forms and procedures: fee rejections - effect of Basnet
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
online applications
This section tells you how to consider challenges to decisions to reject applications due to
External links
non-payment of the application fee, where the applicant claims the Basnet judgment applies.
Immigration Rules The case of Basnet examined claimed failings in the system for processing payments for
paragraph A34 – 34K
postal applications.
Basnet (validity of
The Upper Tribunal found that if the Home Office claims an application was not
application accompanied by the correct specified fee (the fee set out in legislation for that type of
respondent) [2012]
application), and so was not valid, the Home Office has the burden of proof. This means the UKUT 00113(IAC)
Home Office must produce evidence to show that the applicant failed to submit the
application with the correct fee.
BE (Application Fee:
Effect of Non-payment)
Basnet: facts of the case
Mauritius [2008] UKAIT
In Basnet, the Home Office considered the applicant’s application for leave to remain to be
00089
invalid because the fee could not be taken. The bank rejected the payment request. The
Home Office then invited the applicant to make a fresh application with the correct credit or
debit card details.
Specified application
forms and procedures:
specified requirements
By the time the applicant re-applied, his leave to remain had expired. He was relying on the
‘established presence’ provisions within Tier 4 of the points-based system, which allows an
applicant to satisfy the maintenance requirements of those rules with a lower level of funds.
Specified application
forms and procedures:
dependants
Because he did not have valid leave to enter or remain when he submitted the second
application, the Home Office decided he did not have an ‘established presence’ and refused
his application.
Specified application
forms and procedures:
varying an application
It is accepted by both sides that the applicant had enough funds in his account to pay the
specified fee for the rejected application. The applicant appealed to the Tribunal on the basis
that the Home Office’s rejection of his application was itself invalid.
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
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forms and procedures:
date of application
Key issues which the case identified
The case identified several key issues:
Specified application
forms and procedures:
validation
 where fees regulations specify a fee for an application, such applications are invalid
unless accompanied by the specified fee
o what does this mean in cases where the applicant claims to have given the Home
Office bank details which would allow the Home Office to take the fee directly from
their account?
 where the Home Office is unable to process such payments and treats the application
as invalid on that basis, is it the applicant or the Home Office who is responsible for
proving the application was not accompanied by the fee?
o what evidence is required to resolve such disputes?
 are the current processes for dealing with the electronic payment of fees for postal
applications unfair and therefore unlawful?
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Decision in Basnet
The Upper Tribunal allowed the Basnet appeal and made the following findings.
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Meaning of ‘accompanied by a fee’
The Upper Tribunal relied on a decision made in BE (Application Fee: Effect of Nonpayment) Mauritius [2008] UKAIT 00089, and interpreted the term ’accompanied by the
specified fee’ to mean:
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
Page 103 of 136
‘… accompanied by such authorisation (of the applicant or other person purporting to
pay) as will enable the respondent to receive the entire fee in question, without further
recourse having to be made by the respondent to the payer.’
Who is responsible for proving that an application was not ‘accompanied by the
specified fee’?
The Upper Tribunal decided it was for the Home Office to prove that an application was not
‘accompanied by the specified fee’ because:
 a party who claims a fact should be the one who proves it
Guidance – Specified application forms and procedures – version 18
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forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
 the Home Office is responsible for the procedure used in postal cases which prevents:
o a receipt being issued promptly
o knowledge of the reason why payment was not processed
 an applicant is not present when an attempt to process the payment is made and has
no way of later finding out the reasons why the payment failed – for example, there
were insufficient funds in the account, or the wrong credit card number was given
What evidence is required to resolve such disputes?
The Upper Tribunal stated, ‘the best evidence of why an attempt to process a payment failed
would be the record kept by the processor…we are not prepared to assume processing is
infallible’.
The Home Office did not keep a record of the financial information provided by the applicant
and was therefore unable to prove that the information was incomplete or incorrect. The
Tribunal decided it was more probable than not that the applicant was truthful in his claim
that he provided the right information.
Are the current processes for dealing with the electronic payment of fees for postal
applications unfair and therefore unlawful?
The Upper Tribunal did not make a definite finding on this, but said the current procedure
appeared to be unfair. They made the following recommendations. The Home Office should:
 adopt a system that would avoid this situation in future
 take payment as soon as they received the application
 amend the standard acknowledgement of receipt letter so it acts as an
acknowledgement of a valid application
 contact the applicant promptly to check, or correct, the billing data where the fee
cannot be collected for an in-time application:
o where the accuracy of the billing data is critical to the success of the application, the
original application, along with the processing report, should be shown to the judge if
the decision is legally challenged
Unless the Home Office can give strong reasons for not adopting these measures for similar
future cases, the tribunal may decide the application has been unfairly decided and
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Published for Home Office staff on 18 March 2016
therefore ‘not in accordance with the law’.
The need to comply with legislation makes it hard or impossible for the Home Office to
access or retain some of this information. The Data Protection Act prevents banks from
telling the Home Office why a payment failed and places restrictions on the information
about the transaction that can be kept.
Case handling
Basnet is a reported case made by the Upper Tier Tribunal. This means it is binding on the
First Tier Tribunal and regarded as authoritative by the Upper Tier.
If you need to decide whether a decision to reject an application due to a fee issue was
correct, when it has been challenged on Basnet grounds, you must decide whether the
circumstances of the case are the same as Basnet. The circumstances are the same if the
applicant:
 applied for leave to remain before their leave expired
 had their application rejected because the Home Office could not take the fee
 could not submit another in-time application because their leave expired during the
rejection process
 submitted a further application that was refused because the application was out of
time, or had to meet a higher substantive requirement of the Immigration Rules
because they were not thought to have extant leave when they made their application
 claims the payment page was fully completed on the first application and the Home
Office cannot challenge that assertion with clear evidence presentable in court
Same circumstances as Basnet
If the circumstances of the case are the same as in Basnet, you must:
 check whether the applicant can prove they had the required funds in the bank account
from which they authorised us to take payment on the day the fee would have been
taken
 for credit card payments, check the applicant can prove they had sufficient credit
available to cover the fee on the day the fee would have been taken and that their card
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was not blocked on that day
 check the applicant claims the payment page was fully completed and that we cannot
challenge that claim with clear evidence that the Home Office can present in court
The burden of proof is on the Home Office since they claim payment was not made. Due to
data protection requirements which prevent the Home Office from keeping some financial
information, there may be cases where they can’t show that processing the payment failed
because of an error by the applicant. The Home Office will not be able to discharge the
burden of proof in such cases.
You must withdraw the refusal and either remake the casework decision or return the case
to the caseworker to remake the decision on the basis the application was invalid if the
Home Office:
 cannot prove an applicant does not meet the requirements set out in Basnet
 cannot demonstrate the Home Office couldn’t take the payment
 the Home Office has no reasonable explanation for this
You must fully record your decision and reasons, and then get a manager to agree your
decision.
Different circumstances to Basnet
If the circumstances of the case are not the same as in Basnet, you must defend the original
decision to reject the application on the grounds that there are key differences between the
case you are handling and Basnet.
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Specified application forms and procedures
Specified application forms and procedures: transitional arrangements
Specified application
forms and procedures:
about this guidance
This section tells you how published transitional arrangements affect the way you consider
an application on a prescribed form.
For more information, see related links:
Specified application
forms and procedures:
changes to this
guidance
 Specified application forms and procedures: applications made 21 days after
specification of form
 Specified application forms and procedures: applications made before 29 February
2008
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
In this section
Specified application
forms and procedures:
applications made 21
days after specification
of form
Specified application
forms and procedures:
applications made
before 29 February
2008
External links
Immigration Rules paragraph A34 – 34K
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
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forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
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forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
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Specified application forms and procedures
Specified application forms and procedures: applications made before 29 February 2008
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
This section tells you how transitional arrangements affect the consideration of applications
made on a prescribed form before 29 February 2008.
Transitional arrangements for applications made before 29 February 2008 are in paragraph
34H of the Immigration Rules. You must apply the regulations or other legislation in force on
the date the application was made, when you consider whether or not an application is valid.
These will either be the Immigration (Leave to Remain) (Prescribed Forms and Procedures)
Regulations 2007 or earlier equivalent regulations. For more information on the 2007
regulations, see related link: Specified application forms and procedures: 2007 regulations.
The Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2007
in force before 29 February 2008 cannot be applied to applications if there was no
prescribed form. This includes:





Specified application
forms and procedures:
2007 regulations
Specified application
forms and procedures:
valid applications
Specified application
forms and procedures:
invalid applications
Specified application
forms and procedures:
invalidation procedure
applications for leave outside the rules (LOTR)
discretionary leave (DL)
certificates of approval
exceptional leave to remain
no time limit or transfer of conditions
For more information on the validity of applications submitted before 29 February 2008, see
related links:





In this section
Specified application forms and procedures: 2007 regulations
Specified application forms and procedures: valid applications
Specified application forms and procedures: invalid applications
Specified application forms and procedures: invalidation procedure
Specified application forms and procedures: dependants
Specified application
forms and procedures:
dependants
External links
Immigration Rules paragraph A34 – 34K
Specified application
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forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
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forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
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Specified application forms and procedures
Specified application forms and procedures: 2007 regulations
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
This page tells you about the Immigration (Leave to Remain) (Prescribed Forms and
Procedures) Regulations 2007.
The Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2007
(the ‘2007 regulations’) came into force on 2 April 2007 and revoked the similar 2006
regulations.
In this section
Specified application
forms and procedures:
applications made
before 29 February
2008
The 2007 regulations prescribed versions 04/2007 of 11 previously prescribed forms:











Specified application
forms and procedures:
valid applications
BUS
FLR(IED)
FLR(HSMP)
FLR(M)
FLR(S)
FLR(SEGS)
FLR(FT:WISS)
FLR(O)
SET(M)
SET(F)
SET(O)
Specified application
forms and procedures:
invalid applications
Specified application
forms and procedures:
invalidation procedure
Specified application
forms and procedures:
dependants
There was also one new form, SET(DV).
The 2007 regulations made one procedural change. Eligible dependants, partners or
children under 18 were no longer subject to the restriction ’insofar as this is permitted by the
immigration rules’. These words in regulation 13 of the 2006 regulations did not appear in
the equivalent part of the 2007 regulations (regulation 15). Although revoked, the 2006
regulations continued to apply to any application for which a form was prescribed made on
or between 22 June 2006 and 1 April 2007.
External links
Immigration Rules paragraph A34 – 34K
Specified application
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forms and procedures:
date of application
Through a transitional provision, the version 06/2006 forms continued to be valid for use for
applications made any time before 23 April 2007.
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
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forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
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Specified application forms and procedures
Specified application forms and procedures: valid applications
Specified application
forms and procedures:
about this guidance
This page tells you when applications made under the Immigration (Leave to Remain)
(Prescribed Forms and Procedures) Regulations 2007 in force before 29 February 2008 are
valid.
Specified application
forms and procedures:
changes to this
guidance
Under the 2007 regulations an application was valid from the date it was made providing it
was:
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
 made on the correct prescribed form by a main applicant or someone who can lawfully
be included as a dependant
 was sent or submitted in the prescribed manner
The application is valid even if it did not comply with the procedures prescribed in regulation
16(1), which states:
 the form must be signed and dated by the applicant, except where the applicant is
under the age of 18 where the form may be signed and dated by the applicant’s parent
or legal guardian
 the application must be accompanied by the documents and photographs specified in
the form
 each part of the form must be completed as specified in the form
In this section
Specified application
forms and procedures:
applications made
before 29 February
2008
Specified application
forms and procedures:
2007 regulations
Specified application
forms and procedures:
invalid applications
Specified application
forms and procedures:
invalidation procedure
Specified application
forms and procedures:
If a valid application did not comply with any or all of the requirements laid out in 16(1), it
remained valid until invalidated under the procedure in regulation 17 of the 2007 procedures. dependants
For more information, see related link: Invalidation procedure.
External links
It is no longer possible to use the invalidation procedure. If you examine an application
Immigration Rules made before 29 February 2008 for the first time on the correct prescribed form,
paragraph A34 – 34K
accompanied by the specified form and sent or submitted in the prescribed manner, you
must consider it as being valid.
Specified application
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forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
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Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
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Specified application forms and procedures
Specified application forms and procedures: invalid applications
Specified application
forms and procedures:
about this guidance
This page tells you when applications made under the Immigration (Leave to Remain)
(Prescribed Forms and Procedures) Regulations 2007 in force before 29 February 2008 are
invalid.
Specified application
forms and procedures:
changes to this
guidance
Applications made before 29 February 2008 are only valid or invalid under the 2007
regulations if they are covered by the forms regulations. The regulations cannot be applied
to applications if there was no prescribed form at the time.
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Application types without a prescribed form included applications for leave outside the rules,
discretionary leave, certificates of approval, exceptional leave to remain, no time limit and
transfer of conditions. For a list of the forms prescribed under the 2007 regulations, see
related link: Specified application forms and procedures: 2007 regulations.
Under the regulations, the following applications are invalid from the outset, even if they are
validated some time after the application was made or the attempted application was to be
refused:
 an application made on the wrong form, or on no form at all if a particular form was
prescribed for the application in question
 an application which was not sent in the prescribed manner – for example, if the form
is sent by fax and the regulations specify it must be made by pre-paid post
 an application by someone included as a dependant who was not the partner or child
under 18 of the main applicant
In this section
Specified application
forms and procedures:
applications made
before 29 February
2008
Specified application
forms and procedures:
2007 regulations
Specified application
forms and procedures:
valid applications
Specified application
forms and procedures:
invalidation procedure
Specified application
forms and procedures:
dependants
There is no time limit for rejecting an invalid application under the 2007 regulations that does External links
not meet the requirements described above.
Immigration Rules paragraph A34 – 34K
Specified application
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forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
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forms and procedures:
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arrangements
Specified application
forms and procedures:
background
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Specified application forms and procedures
Specified application forms and procedures: invalidation procedure
Specified application
forms and procedures:
about this guidance
This page tells you the invalidation procedure that applied under the Immigration (Leave to
Remain) (Prescribed Forms and Procedures) Regulations 2007 in force before 29 February
2008, if a form did not meet all the relevant requirements.
Specified application
forms and procedures:
changes to this
guidance
The invalidation procedure was used if a valid application was made on the correct
prescribed form but did not comply with all relevant requirements. If used, the applicant had
to be told of the omission or error within 28 days of the application being made.
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
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In this section
Specified application
forms and procedures:
applications made
before 29 February
2008
The invalidation procedure was not mandatory. If the application clearly fell for refusal, for
example if the applicant did not meet the switching requirements for the category they were
applying for, then it would have been appropriate to refuse the application rather than follow
the invalidation procedure. In other cases, the invalidation procedure was preferred to a
normal written enquiry about failure to comply, especially if the failure was significant. For
example if the applicant had not completed the personal history section of an application
form.
Specified application
forms and procedures:
2007 regulations
If the invalidation procedure was applied, the application was invalidated if it did not meet
the prescribed requirements within 28 days of the applicant or immigration adviser receiving
notification of the error. If the application was returned within that 28 day period but still did
not comply with requirements, no further attempts were made to make the application meet
the requirements.
Specified application
forms and procedures:
invalid applications
The regulations did not allow the application to be invalidated before the 28 day period
expired. If the applicant failed to comply with the requirements within 28 days, the
application was rejected as invalid and a refund was issued. The application was held for 35
days before rejection was started, to allow for internal delays.
If the application was correctly resubmitted within 28 days of the applicant or immigration
adviser being notified of the problem, normal consideration would have continued. The date
of application in such cases is the date on which the application was originally made, not the
date the resubmitted application was entered on GCID. If the full period, 28 days plus 7, had
Guidance – Specified application forms and procedures – version 18
Specified application
forms and procedures:
valid applications
Specified application
forms and procedures:
dependants
External links
Immigration Rules paragraph A34 – 34K
Published for Home Office staff on 18 March 2016
expired before the applicant’s response had been received, the application would have
become invalid and had to be rejected accordingly even if the applicant had put everything
right.
forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
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Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
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Specified application forms and procedures
Specified application forms and procedures: dependants
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
This page tells you about the validation procedures for dependants’ applications made under In this section
the Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2007 in
place before 29 February 2008.
Specified application
forms and procedures:
If a partner or child under 18 was included, the dependant’s application was valid if the
applications made
correct prescribed form was used. This applies even if there was no provision for
before 29 February
dependants in the relevant Immigration Rules. In such cases, the normal procedure would
2008
have been to refuse the dependants’ applications.
Specified application
forms and procedures:
2007 regulations
Specified application
forms and procedures:
valid applications
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
invalid applications
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
invalidation procedure
Specified application
forms and procedures:
dependants
External links
Specified application
forms and procedures:
varying an application
Immigration Rules paragraph A34 – 34K
Specified application
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forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
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forms and procedures:
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Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
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Specified application forms and procedures
Specified application forms and procedures: background
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
This page tells you about the current procedures for specified application forms published in
the Immigration Rules as well as the regulations in place before 29 February 2008.
Specified application forms and the procedures associated with their use were published in
the Immigration Rules on 29 February 2008. The rules state the consequences of not
complying with the specified requirements.
External links
Immigration Rules paragraph A34 – 34K
The rules, made under section 50(1) of the Immigration, Asylum and Nationality Act 2006,
are in paragraphs A34A-34J of the Immigration Rules.
The Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2007,
which previously prescribed application forms and related procedures for applications for
leave to remain in the UK, ceased to have effect on 29 February 2008. Applications made
before that date must be considered in accordance with these regulations, or the equivalent
regulations in force on the date of application.
For more information on this legislation, see related links.
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
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forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
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forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
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Specified applications forms and procedures
Specified application forms and procedures: contact
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
This page explains who to contact for more help with a query about specified application
forms and procedures.
If you have read the relevant Immigration Rules and this guidance and still need more help
with this category, you must first ask your senior caseworker or line manager.
If the question cannot be answered at that level, you may email the Administrative Policy
team for guidance on the policy.
Changes to this guidance can only be made by the Guidance, Rules and Forms team
(GRaFT). If you think the policy content needs amending you must contact the
administrative operational policy team, who will ask the GRaFT to update the guidance, if
appropriate.
The GRaFT will accept direct feedback on broken links, missing information or the format,
style and navigability of this guidance. You can send feedback by email to Guidance –
making changes.
Related links
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
information owner
External links
Immigration Rules paragraph A34 – 34K
Specified application
forms and procedures:
specified requirements
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
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forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
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forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
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Specified application forms and procedures
Specified application forms and procedures: information owner
Specified application
forms and procedures:
about this guidance
Specified application
forms and procedures:
changes to this
guidance
Specified application
forms and procedures:
definition of specified
application forms
Specified application
forms and procedures:
online applications
Specified application
forms and procedures:
specified requirements
This page tells you about this version of the ‘Specified application forms and procedures’
guidance and who owns it.
Version
Valid from date
Policy owner
Cleared by director
Director’s role
Clearance date
This version approved for
publication by
Approver’s role
Related links
Specified application
forms and procedures:
changes to this
guidance
18.0
18 March 2016
Official - sensitive
Official - sensitive
Official - sensitive
3 November 2014
Official - sensitive
Specified applications
forms and procedures:
contact
External links
Official - sensitive
Changes to this guidance can only be made by the guidance, rules and forms team
(GRaFT). If you think the policy content needs amending you must contact the
Administrative Policy team, who will ask the GRaFT to update the guidance, if appropriate.
Immigration Rules paragraph A34 – 34K
The GRaFT will accept direct feedback on broken links, missing information or the format,
style and navigability of this guidance. You can send feedback by email to Guidance –
making changes.
Specified application
forms and procedures:
dependants
Specified application
forms and procedures:
varying an application
Specified application
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forms and procedures:
date of application
Specified application
forms and procedures:
validation
Specified application
forms and procedures:
applications made on
forms that are not
specified
Specified application
forms and procedures:
applications made by
people outside UK
Specified application
forms and procedures:
applications for
discretionary leave
made on the incorrect
form
Specified application
forms and procedures:
section 3C and 3D leave
Specified application
forms and procedures:
withdrawn applications
Specified application
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forms and procedures:
fee rejections – effect of
Basnet
Specified application
forms and procedures:
transitional
arrangements
Specified application
forms and procedures:
background
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