Entry Clearance Applications

There can often be confusion as to when an application is deemed to have been made at the Posts abroad. The Upper Tribunal have issued helpful clarity in Kaur (Entry Clearance - Date of Application ) [2013]UKUT 00381, confirming that an application is made on the date in which payment of the relevant fee is made. If the application is made online and payment of the relevant fee is also made online, contemporaneously with the submission of the application, the date of the application is the date of submission. If payment of the relevant fee is not made until the printed form is submitted, the date of application is the date on which those are handed over. Moreover, any application which does not comply with Regulation 37 of the Immigration Fees Regulations 2011, ie : payment of the fee, is to be considered a nullity - it is not an application for the purposes of the Immigration Rules.