A UK immigration application must meet all the validity requirements before UKVI will consider it. Validity is a set of basic checks: the correct form, the fee, biometrics and proof of identity. An application that fails any of the validity requirements may be rejected as invalid, which can leave a person without lawful status if already in the UK. This post provides an overview of the validity requirements for a UK immigration application.
What does a valid immigration application mean?
A valid application is one made in the way the Immigration Rules require, so that the Home Office will go on to consider it. Validity is separate from the merits of a case. It is the threshold an application crosses before a caseworker looks at whether the eligibility and suitability requirements are met.
The general validity requirements for an application to stay in the UK are set out in paragraph 34 of Part 1 of the Immigration Rules. They apply to the routes listed in paragraph A34, which include applications under Appendix FM and the older family and settlement provisions. Many newer routes set their own validity requirements inside their own Appendix, as explained below. An application that does not meet the requirements that apply to it is rejected as invalid under paragraph 34A.
What are the validity requirements for a UK immigration application?
A valid application must be made on the specified form, with the fee and any health charge paid, biometrics enrolled, and proof of identity provided. Paragraph 34 sets out the requirements in full, and the main ones are listed below.
- The application is made on the form specified for the route, whether online or on paper.
- All mandatory sections of the form are completed.
- The application fee is paid in full, unless a fee waiver has been granted.
- The Immigration Health Surcharge is paid where it is required for the route.
- Proof of identity is provided, normally a valid passport, identity card or travel document.
- Biometrics are enrolled by attending an appointment and providing the information requested.
- Where the main applicant is under 18, the written consent of a parent or guardian is provided.
Application fees are subject to change as determined by the Home Office UKVI. Current fees can be found on the UK immigration fees guide. Where the Health Surcharge applies, the current rate and the routes it covers are set out on the Immigration Health Surcharge guide. Biometric enrolment is now part of obtaining an eVisa, and the process is covered in the guide on applying for an eVisa.
Do online and paper applications have different validity rules?
Most applications are now made online, and a small number of routes still use a paper form, with some validity points that apply only to paper. An online form cannot be submitted until every mandatory section is complete, so the rule about completing mandatory sections matters mainly to paper applications.
A paper form may be used where it is no more than 21 days out of date, under paragraph 34 and the transitional rule at paragraph 34Y. Paper applications must be sent by pre-paid post or courier to the address shown on the form. The current fee must still be paid, even where an older version of the form shows a different figure. A fee waiver, where one is available, must be obtained before an online application is submitted, while a paper applicant may apply for it at the same time.
Which routes set their own validity requirements?
Some routes set validity requirements within their own Appendix, in addition to or in place of paragraph 34. The Skilled Worker route is one example, where the applicant must hold a valid Certificate of Sponsorship and meet the validity conditions in Appendix Skilled Worker. A national identity card is not accepted as proof of identity on the points-based routes.
What happens if an application is rejected as invalid?
An application that does not meet the validity requirements is rejected as invalid and is not considered, under paragraph 34A. The Home Office may first notify the applicant and give one opportunity to correct the error or omission within a set time, under paragraph 34B. The time allowed is typically short, and a separate, shorter period applies to paying an unpaid fee.
The opportunity to correct is may not apply in every case. Some defects can be overcome, such as a missing document or an incomplete section. Others cannot, such as applying from the wrong location or on a route the applicant cannot use. Where biometrics have not been enrolled, an application may be rejected on that basis alone. Where an application is rejected as invalid, the fee is normally refunded, less an administration charge.
What is the difference between an invalid application and a refused application?
An invalid application is one that failed the validity checks and was never considered, while a refused application is one that was valid, considered, and decided against on its merits. The distinction matters because the two have very different consequences.
A rejection as invalid means the Home Office never reached the substance of the case. The application is treated as not having been made. A refusal means the application was properly made and assessed, but the eligibility or suitability requirements were not met. A refusal is a decision on the merits. Where an application has been refused, Whytecroft Ford can advise on a fresh application or an application under a different route, rather than on challenge procedures. The reasons a partner application may be refused are covered in the guide on UK spouse visa refusal reasons.
How an invalid application affects immigration status
An invalid application does not extend a person’s leave, because section 3C of the Immigration Act 1971 only protects leave where a valid in-time application was made. A valid in-time application extends existing leave on the same conditions until the application is decided. An application rejected as invalid gives no such protection, as the courts have confirmed.
The consequence is that the person’s earlier permission ends on its original expiry date. A person can become an overstayer from that point, even though they believed an application was in place. A fresh and valid application may still be made within 14 days of the earlier permission ending. Where there was a good reason beyond the applicant’s control, the overstaying may be disregarded under the Immigration Rules. That disregard does not restore the earlier leave or its conditions. The position on continuing status during a pending application is explained further in the guide on whether immigration status stays valid while an application is processing.
When is an application treated as made?
The date of application is fixed by how the application is submitted, and it is set out in paragraph 34G. The date matters because it decides which rules apply and whether an application was made in time.
For an online application, the date is the date it is submitted online by paying the application fee. For a paper application sent by Royal Mail, the date is the date of posting shown by tracking, or the postmark date. For a paper application sent by courier, the date is the date it is delivered to the Home Office. Where an online fee waiver is requested, the date is the date the fee waiver request is submitted, provided the full application follows within the time allowed. Where an application has been rejected as invalid and a new one is submitted, the date of application is the date of the new, valid application.
Validity in practice
Two short examples demonstrate an application’s validity is decided in practice.
In the first, an applicant on a work route submitted an online application in time but did not book and attend the biometric appointment before the deadline in the reminder. The application was rejected as invalid for non-enrolment of biometrics. Because the earlier permission had by then expired, the applicant was left without 3C leave and had to make a fresh application, with the late period treated as overstaying.
In the second, a partner applicant used a paper form downloaded several weeks earlier and paid the fee printed on it, which was lower than the fee then in force. The application was treated as one where the fee had not been paid in full. The applicant was given a short period to pay the balance and did so, and the application was then accepted as valid from the original date. The difference between the two outcomes was the time left to act before the existing leave expired.
Frequently asked questions
Often, but not always. For many errors the Home Office may notify the applicant and give one opportunity to correct the error or omission within a set time, under paragraph 34B. A shorter period applies to paying an unpaid fee. The opportunity is discretionary, and some defects, such as applying on the wrong route or not enrolling biometrics, can lead to rejection without a chance to correct.
Only a valid, in-time application does. A valid in-time application extends existing leave under section 3C of the Immigration Act 1971 until it is decided. An invalid application gives no section 3C leave at all, so it does not protect a person from becoming an overstayer once their earlier permission ends.
Rejected means it failed the basic validity rules, such as the form, fee or biometrics, and was never considered. Refused means it was valid and considered, but the route’s requirements were not met. A rejection usually leads to a refund of the fee less an administration charge, while a refusal is a decision on the merits of the case.
For paper applications, a form may be used where it is no more than 21 days out of date, under paragraph 34 and paragraph 34Y. The current fee in force on the date of application must still be paid, not the figure printed on the older form.
For an online application, the date is the date of submission online. For a paper application posted by Royal Mail, it is the date of posting or the postmark. For a courier application, it is the date of delivery to the Home Office. These rules are set out in paragraph 34G.
Travelling outside the Common Travel Area before a decision on an application to stay is treated as withdrawing the application, under the Immigration Rules. The application is treated as withdrawn on the date of departure, so timing matters where travel is unavoidable.
How Whytecroft Ford can help
The Whytecroft Ford immigration team prepares applications across the entry clearance, leave to remain, settlement and nationality routes. The firm confirms the validity requirements that apply to each case, and checks the form, fee, Health Surcharge, identity evidence and biometric steps before submission. The work is run to a timeline that protects a person’s existing status. For an applicant who has had an application rejected as invalid, the firm advises on making a fresh application without losing further time.
To discuss your application with our immigration team, call 0208 757 5751 or use the contact form.
Sources
- Immigration Rules, Part 1: leave to enter or stay in the UK – GOV.UK
- Validation, variation, voiding and withdrawal of applications – GOV.UK
- Immigration Act 1971, section 3C – legislation.gov.uk
Written and reviewed by the Whytecroft Ford immigration team. IAA Accredited. All guidance is researched against primary sources, including the Immigration Rules, Home Office caseworker guidance and GOV.UK. Reviewed every six months, or sooner following a rule change.
