Submitting a UK visa application does not automatically make it valid. Applicants must satisfy specific requirements before the Home Office can consider their application under the relevant Immigration Rules.
Mistakes involving application forms, fees, biometric information or previous immigration permission can affect an application’s validity. In some circumstances, these errors can result in an application being rejected as invalid.
Understanding UK visa application validity requirements is particularly important for applicants whose existing immigration permission is approaching expiry.
What Makes a UK Visa Application Valid?
A UK visa application must meet the validity requirements of the relevant immigration route. These requirements vary depending on the type of application and whether it is submitted from inside or outside the UK. Applicants must generally meet the following requirements, where applicable.
1. Correct Application Form
Applicants must use the specified application form for their immigration route. Applications may be submitted online or using a paper form, depending on the route.
Where an applicant uses an outdated paper form, the Home Office may still accept it if the form was previously specified for that route and is no more than 21 days out of date.
2. Mandatory Information
Applicants must complete all mandatory sections of the application form. An application cannot be rejected as invalid solely because an applicant has left a non-mandatory section incomplete.
3. Application Fees
Applicants must pay the correct application fee applicable on the date of submission, unless an exemption or fee waiver applies.
4. Immigration Health Surcharge
Applicants must pay the Immigration Health Surcharge (IHS) where required, unless an exemption or waiver applies. The IHS generally applies to applications for limited permission to stay and entry clearance applications granting limited permission for more than six months. It does not apply to settlement applications.
5. Biometric Information and Proof of Identity
Applicants must provide the required biometric information and acceptable proof of identity, unless an exemption or other permitted arrangement applies.
6. Application Location
Applicants must submit their application from the location required by their immigration route. Applications for entry clearance must be made from outside the UK, while applications for permission to stay must be made from within the UK.
7. Parental or Legal Guardian Consent
For applications governed by paragraph 34 of the Immigration Rules, applicants under 18 who are not dependants on an adult’s application must provide written consent from a parent or legal guardian.
8. Additional Route-Specific Requirements
Certain immigration routes impose further validity requirements. These may include age restrictions, previous immigration permission requirements or providing a valid Certificate of Sponsorship.
Applicants must satisfy the validity conditions applicable to their chosen immigration route.
What Happens If a UK Visa Application Is Invalid?
An application may be invalid if one or more validity requirements have not been met. However, applicants are not necessarily rejected immediately.
Where an error or omission can be corrected, the Home Office must generally provide an opportunity to resolve it.
Applicants are normally given 14 days to correct outstanding requirements, although separate deadlines apply to certain matters.
Where an applicant cannot meet a validity requirement, they may instead be given 14 days to submit another application under a different route.
The Home Office may exercise discretion to accept an application despite certain missing requirements, depending on the circumstances.
For applications under Appendix FM and Appendix Private Life, validity requirements may also be waived in particular circumstances.
If the applicant fails to resolve the outstanding issues and discretion is not appropriate, the application may be rejected as invalid.
An invalid application is different from a visa refusal. An invalid application has not met the requirements necessary for it to be considered valid, whereas a refusal follows consideration of an application.
Where an application is rejected as invalid, the Home Office generally refunds the application fee after deducting an administration fee.
If an applicant submits another application within 14 days following rejection of an invalid application, paragraph 39E may allow the relevant period of overstaying to be disregarded, provided its conditions are met.
However, paragraph 39E does not grant immigration permission or extend leave under Section 3C of the Immigration Act 1971.
What Happens If You Do Not Pay the Correct Application Fee?
Applicants who have not requested a fee waiver and have paid an insufficient application fee will normally receive a notification requesting the outstanding payment. They are given 10 working days to pay the required amount.
Failure to make the payment within this period can result in the application being rejected as invalid.
Where a fee waiver is available, applicants submitting an online application must obtain it before submitting their immigration application.
For eligible paper applications, a fee waiver request may be submitted alongside the application.
A fee waiver request is not itself an application for immigration permission. For eligible in-country applications, applicants have 10 working days following the fee waiver decision to submit an immigration application under the route for which the fee waiver was requested.
Where they apply within this period, the application date will be the date on which they submitted the fee waiver request.
If they apply after the 10-working-day period or under a different immigration route, the application date will generally be the date of the subsequent immigration application.
What Happens If You Fail to Provide Biometric Information?
Most UK visa applicants must provide biometric information.
Depending on the application process, applicants may need to attend a UK Visa and Citizenship Application Services (UKVCAS) appointment, visit a Visa Application Centre overseas or use the UK Immigration: ID Check app.
For applications made within the UK, applicants must complete biometric enrolment within the period specified in their notification.
Where an applicant fails to comply, they will normally receive a warning providing a further 14 calendar days to enrol their biometrics or provide a reasonable explanation.
Failure to comply without a satisfactory explanation can result in the application being rejected as invalid.
For overseas applications, applicants generally have 240 days from submitting their online application to attend a Visa Application Centre and enrol their biometrics.
Where biometric enrolment is not completed within this period, the application remains incomplete and is automatically deleted from Home Office systems, unless an applicable exception or special arrangement permits otherwise.
Applicants using the UK Immigration: ID Check app who submit an unsuitable facial photograph are generally given 14 days to provide a replacement.
Certain applicants may be exempt from providing some or all biometric information. Others may qualify for arrangements allowing enrolment to be excused or deferred.
What Are the Validity Requirements for Dependants?
A dependant’s application must be linked to the relevant main applicant.
A dependent partner or child can generally make a valid application where the main applicant:
- Has submitted a valid application that remains undecided.
- Already holds permission under the relevant immigration route.
- Has become settled or a British citizen after holding permission under the relevant route, provided the dependant also held the required dependant permission when the main applicant settled.
Where a dependant does not meet the applicable linking requirement, they may be given 14 days to submit another application under an appropriate immigration route.
Where an immigration route permits dependants to apply on the same form as the main applicant, the relevant fees must be paid for each dependant.
If the fees paid cover only the main applicant, the dependants will normally have 14 days to pay the outstanding fees. Failure to make the required payment can result in their applications being rejected as invalid.
Where an immigration route requires dependants to submit separate application forms, naming them on the main applicant’s form is not sufficient.
Each dependant must submit the appropriate application form and pay the relevant fee.
How Morgan Smith Immigration Can Help
An invalid application can affect an applicant’s immigration position, particularly where their existing permission has expired or is approaching expiry.
Understanding the relevant validity requirements before submitting an application can help applicants avoid errors that may lead to rejection.
With over 20 years of immigration experience, Morgan Smith Immigration can assess your eligibility, review the relevant validity requirements and advise on preparing and submitting a UK visa application.
Contact Morgan Smith Immigration on 0203 959 3335 or email [email protected] for professional legal advice.
