Upper Tribunal Immigration and Asylum Chamber

[2025] UKUT 00229 (IAC)

Fecha: 29-Abr-2025

Paragraph 245AA

Paragraph 245AA

40.

Paragraph 245AA appears at the start of Part 6A of the Rules: the Points Based System. The paragraph concerns “Documents not submitted with applications” under the PBS. It was introduced into the Immigration Rules on 6 September 2012 and has since 5 November 2018 provided as follows:

(a)

Subject to sub-paragraph (b) and where otherwise indicated, where Part 6A or any appendices referred to in Part 6A state that specified documents must be provided, the decision maker (that is the Entry Clearance Officer, Immigration Officer or the Secretary of State) will only consider documents received by the Home Office before the date on which the application is considered.

(b)

If the applicant has submitted the specified documents and:

(i)

specified evidence is missing from the documents; or

(ii)

a document is in the wrong format (for example, if a letter is not on letterhead paper as specified); or

(iii)

DELETED

(iv)

a document does not contain all of the specified information;

the decision maker may contact the applicant or his representative in writing, and request the correct documents. The requested documents must be received at the address specified in the request within 10 working days of the date of the request.

(c)

Documents will not be requested where the decision maker does not think that the submission of missing or correct documents will lead to a grant because the application will be refused for other reasons.

(d)

If the applicant has omitted to provide specified evidence, or submitted it in the wrong format, but the missing information is verifiable from other documents provided with the application or elsewhere, the decision maker may grant the application despite the error or omission, if they are satisfied that the applicant meets all the other requirements of the Rules.