12 Oct Changes to Part 1 of the Immigration Rules
The new Statement of Changes, released on 10 September 2022, has introduced some minor amendments to Part 1 of the Immigration Rules.
Changes to general validity
Paragraph A34- This lists the categories to which general validity does not apply. This is because they have their own requirements and it includes: Graduate, International Sportsperson and Settlement Protection applications.
Varying a pending application
Paragraph 34G- Has been separated to include paragraph 34GA:
34GA. Where an application is rejected as invalid that decision will be served in accordance with Appendix SN.
Paragraph 34GB has been introduced to confirm that the date of application is when an application for the variation of leave has been made. This being the date on which the new application is made.
34GB. Where a variation application is made in accordance with paragraph 34E, the date the variation application (the new application) is made is deemed to be the date the application was made prior to it being varied (the old application).
Paragraph 34GC- A new rule relating to the variation of an application has been introduced for dependants.
34GC. Where a partner, child or other dependent is included in the variation application (the new application) and was not included in the application which has been varied (the old application) the date of application for the dependant’s application is the date the variation application (the new application) was made.
This clarifies that where a dependant was not included in the old application, the date for the variation of leave is the date in which the new application is made.
Withdrawing an application
Paragraphs 34H and 34I- This confirms that the Home Office does not have to specifically agree to the withdrawal of an application, and that they can proceed with making a decision.
34H. An applicant may ask to withdraw their application for entry clearance, permission to enter or permission to stay at any time before a decision is made on the application by making a request in writing or by completing the withdrawal process at www.gov.uk/cancel-visa. If the request to withdraw the application is accepted the date of withdrawal is the date on which the request was received by the Home Office.
34I. There is no requirement to agree to the withdrawal of an application for entry clearance, permission to enter or permission to stay and the decision maker may instead decide the application.
Paragraph 34K- Travel outside the common travel area will lead to an application being treated as withdrawn.
34K. Where a decision on an application for permission to stay has not been made and the applicant travels outside the common travel area their application will be treated as withdrawn on the date the applicant left the common travel area.
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