Evidential flexibility under the Point-Based System

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.