What is the updated Home Office guidance for Evidential Flexibility?

The Home Office has published its updated guidance for its evidential flexibility policy which is when Home Office caseworkers can request further evidence from visa Applicants before a decision is made on the application. Our Immigration Solicitors in London have an in-depth knowledge of the Immigration Rules and what the specified documents are for each visa application and as part of our service we will send our clients a bespoke documents list of everything the Home Office requires, once we have received formal instructions from the client. This is to avoid delays in the Home Office returning a decision on the application if they request further documentation from the Applicant.  

What is Evidential Flexibility?

The burden is on the visa Applicant to provide the Home Office with the specified evidence in support of their application.

However, caseworkers should normally provide an opportunity for an Applicant to provide further information nor evidence where it appears that the Applicant has made an error with any of the supporting evidence or where further information is required to verify the evidence. Caseworkers should contact the Applicant in the following situations:

  • If evidence is missing that they believe the Applicant has, or could obtain;
  • If evidence is inadequate but could be further clarified.

Caseworkers should not refuse an application because the Applicant has not provided a specific document if they had not been asked to provide that specific document. However, caseworkers do not need to use evidential flexibility if the application is still going to be refused on other grounds such as another eligibility requirement or on a suitability ground.

Evidential flexibility applies to all applications except those considered under Appendix FM or Part 11 of the Immigration Rules.

What does the latest guidance say for Evidential Flexibility?

The latest guidance for evidential flexibility is to reflect the changes to the Immigration Rules which came into effect from October 2020. Therefore, evidential flexibility applies to points based system applications such as the new skilled worker visa, student visa categories, start-up and innovator visas and global talent visa.

The latest guidance confirms that caseworkers can use evidential flexibility for both entry clearance and in-country applications. Usually, caseworkers will email the Applicant or their legal representative giving them 10 working days to provide any further documentation or information. If the further documentation is not provided within that timeframe then the application will be decided using the information already provided.

Using our Immigration Solicitors in London for advice on Evidential Flexibility in Visa and Immigration applications

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative in order to advise on a UK Visa and Immigration application.

Caseworkers at the Home Office are trained to reject applications, which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successful UK Visa and Immigration applications using our Immigration Solicitors in London

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department.

We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to speak with one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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