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 Page 26 of 136 Guidance – Specified application forms and procedures – version 18 Published for Home Office staff on 18 March 2016 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 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: 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 Page 29 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: 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 Page 30 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: 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 31 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 32 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: 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 Page 34 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 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 Page 36 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: 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 37 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 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 Page 39 of 136 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 Page 40 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 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 Page 42 of 136 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 Page 43 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 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. Page 44 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: 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 Page 46 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 47 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: 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 Guidance – Specified application forms and procedures – version 18 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 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 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 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 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 Guidance – Specified application forms and procedures – version 18 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 Published for Home Office staff on 18 March 2016 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 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 68 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 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 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 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 Page 76 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 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 Page 82 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 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 Page 93 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 94 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 95 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: 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 Page 97 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 98 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: 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: Link to staff intranet 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 Page 100 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 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 Page 101 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 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 Page 102 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 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 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 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 Page 104 of 136 Guidance – Specified application forms and procedures – version 18 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 Page 105 of 136 Guidance – Specified application forms and procedures – version 18 Published for Home Office staff on 18 March 2016 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. Page 106 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: 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 Page 107 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 108 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 109 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 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 Page 110 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 111 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 112 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: 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 Page 113 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 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 Page 114 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 115 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: 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 Page 116 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 117 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 118 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: 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 Page 119 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 120 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 121 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: 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 Page 122 of 136 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 Page 123 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 124 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 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 Page 125 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 126 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 127 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: 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 Page 128 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 129 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 130 of 136 Guidance – Specified application forms and procedures – version 18 Published for Home Office staff on 18 March 2016 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 Page 131 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 132 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 133 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: 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 Page 134 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 135 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 136 of 136 Guidance – Specified application forms and procedures – version 18 Published for Home Office staff on 18 March 2016