The home office decision-making team under the Home Office Evidential Flexibility Policy takes a more pragmatic approach to fill in the gaps in evidence. If an applicant fails to submit any documentary evidence, then the home office must request an applicant to provide the missing evidence.
Appendix FM SE Home Office Evidential Flexibility Policy
If you fail to submit specified evidence, then the decision-maker will contact you or your representative to provide the evidence only if:
a) You have submitted a document in wrong format
b) A documentary evidence that does not contain all the specified information but the missing information is verifiable from:
i) other documents submitted with the application
ii) the website of the organisation which issued the document
iii) the website of the appropriate regulatory body.
When to apply evidential flexibility (Home Office Evidential Flexibility Policy)
The requirements for each visa route are set out in the Immigration Rules. Applicants should provide all information and evidence, as the burden of proof is on the applicant; however, in certain applications, for example:
a) If you have made an error with, or omitted, supporting evidence, or further information or validation of evidence is needed to make a decision, a case worker should normally, as an applicant, provide the additional information such as:
i) If you think that the missing evidence is with the applicant
ii) In case of inadequate evidence, such as an employer failing to confirm the applicant’s gross income.
In the case of a Tier 4 student visa, if the applicant has not provided the specific document but you (the worker) can find the relevant information elsewhere, for example, information may be accessible to you on the casework systems, such as from the Confirmation for Acceptance of Studies (CAS) or from a previous application.
Format of Evidence (Home Office Evidential Flexibility Policy)
If an applicant fails to submit a specific formatted evidence, then it does not reflect that the evidence is not relevant evidence, and a caseworker cannot refuse your application on this basis.
Out-of-country UK spouse visa application, the case worker may request further evidence if you have failed to submit them. For example, if you have submitted the bank statement for the last 6 months but you have missed the 6 month payslips, then the caseworker acting on behalf of the Home Office/UKVI will give you an opportunity to provide the specific payslips of the last 6 months.
In certain cases, if the caseworker is not satisfied with the evidence, then he/she may contact either the senior caseworker or the manager for the next cause of action and to find out whether an applicant will be given an opportunity to provide further evidence.
Why choose Asher & Tomar Solicitors (Home Office Evidential Flexibility Policy)
a) Our team of expert immigration solicitors in London holds over 16 years of experience in the legal field and especially in the immigration rules and laws.
b) Our expert immigration solicitor has dealt with numerous applications where home offices/UKVI have requested further information/evidence (Home Office Evidential Flexibility Policy).
c) Reasonable and transparent fee structure
d) In-depth knowledge of frequent changes in immigration laws.
e) Our immigration solicitors in London aim to achieve your goal and deliver the best outcome of your immigration matter.
f) Appropriate and exact professional advice.
Please note our firm of immigration solicitors in London (solicitors in Southall) is regulated by the solicitors regulation authority (SRA), and our solicitor has been serving clients since 2008.
Should you wish to contact our legal practice (for Home Office Evidential Flexibility Policy), then please do read our reviews, and please be advised that we do not take cases on a legal aid basis.
