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Evidential flexibility under the Point-Based System

30 January 2015

In late 2014, a new UKVI policy guidance was introduced to clarify when and how a caseworker might exercise “evidential flexibility” when considering an application under the Point – Based System of the Immigration Rules.

According to the guidance, the UKVI will consider only minor errors or omissions (wrong format or copy provided instead of an original) on specified documents submitted with a valid application if there is enough evidence to show that the application would otherwise be granted. As a result, the Home Office might contact the migrant, sponsor or representative for clarification or to request the missing documents and/or information.

This “flexibility” applies to migrants who have submitted their application on or after 13 December 2014. All additional evidence submitted should be treated in the same way as any, submitted with the initial application.

Once the Home Office requests the necessary documents, the case will be placed on hold for nine days plus for two further working days to allow the movement of evidence from the workflow to the caseworking team However, if the information is not provided within the specified period, the application is likely to be refused.

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Migra & Co is a private immigration company, regulated by the Office of the Immigration Services Commissioner (OISC), reference number F200900038. This website is not a government website and as such, we are not linked or affiliated with the UK Visas and Immigration. We offer expert legal advice and flexible tailored solutions to both private and corporate clients to ensure that their immigration needs are met. If you wish to download or prepare a UK visa application form, you can do so free of charge by visiting the Official UKVI website.