For some time there was a lack of clarity as to whether more than one application could be made at the same time – for example, an application for an extension of leave as an Entrepreneur asking for a particular requirement to be waived at the same time as an application on human rights grounds based on strong UK connections was provided.
Multiple applications are now forbidden under Rule 34BB. Thus:
- – An applicant may only have one outstanding application extant
- – A further application will be treated as a variation of the existing one
- – If simultaneous applications are made on the same day, both are treated as invalid: however the Home Office may give an opportunity to withdraw one or both within 10 days of the notification of potential invalidity being sent
The Home Office Guidance on Applications for leave to remain emphasises that a single form cannot be used for multiple applications:
Example
John has made an application for further leave to remain as an entrepreneur which has been rejected. Unfortunately for him he cannot now satisfy the Rules via a new application because the third party support on which he was relying is no longer fully available. He has been present in the UK with a view to setting up and running his business.
John faces a quandary. Amongst his options will be applying for further leave as an Entrepreneur hoping that the criteria may be slightly relaxed in his favour. However, he might also apply on human rights grounds based on his strong private life connections with the UK. But he cannot make both applications at the same time: he has to choose which one is the most likely to get somewhere, and run with that for now.
Genuineness, credibility and viability
Although when the routes were first addressed, the Points Based System Rules aimed to simply award points on an objective basis, over time a series of credibility and viability tests have been inserted into them.
For example, for students, Rule 245ZV addresses the requirements for entry clearance and amongst them we find this:
“(k) The Entry Clearance Officer must be satisfied that the applicant is a genuine student.”
There are similar provisions for entrepreneurs and investors (eg R245DB(f) for investors seeking entry clearance, R245DD(h) for entrepreneurs seeking leave to remain).
Genuineness is considered at the final stage of the process. The Rules make it clear that the Home Office reserves the right throughout the PBS to test an application for genuineness on a reconsideration even though the original refusal did not raise the issue: no doubt because it saves resources to refuse applications on simple “knock-out” grounds like missing documents without entering into this more complicated enquiry.
Refusals on these grounds will be based on the evidence that was before the decision maker. If the decision maker considers they require any information beyond that supplied with the original application, it will be necessary to request further documents or to hold an interview.