Evidential flexibility [Archived]


Produced in partnership with Sarah Pinder of Goldsmith Chambers
Practice notes

Evidential flexibility [Archived]


Produced in partnership with Sarah Pinder of Goldsmith Chambers

Practice notes

Important note—Archived Practice Note: this Practice Note is no longer updated as it relates to the position prior to the introduction of simplified immigration rules and procedures at and before the end of the Brexit transition period. It has been retained in archived form for historic interest.

This Practice Note outlines the evolution and scope of evidential flexibility policies in the consideration of UK immigration applications. It also covers how evidential flexibility operates when challenging refusals.

What is evidential flexibility?

'Evidential flexibility' is a term that originally arose as the name of an internal policy of the former UK Border Agency (UKBA) in relation to Points-Based System (PBS) applications. Evidential flexibility provisions are now primarily found in the Immigration Rules themselves.

Evidential flexibility allows Home Office decision makers to request additional information and/or documents from an applicant in certain circumstances and/or to approve an application in limited circumstances where documentation has not been submitted. However, evidential flexibility provisions will not necessarily assist an applicant who has been unable to obtain a document or who omitted to submit

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
ACT definition
What does ACT mean?

Association of Corporate Treasurers.

Read more readmore

Popular documents

Changes of law and policy, rights against retrospective legislation, and legitimate expectation

Changes of law and policy, rights against retrospective legislation, and legitimate expectationThe Practice Note was originally written by Dame Judith Farbey DBE.Changes to immigration law may mean that a person who applies for entry or stay under one rule or policy may have the application

Where a child is born in the UK to parents who have limited leave as refugees, and they have an

Where a child is born in the UK to parents who have limited leave as refugees, and they have an application for leave in line which is pending, are they able to leave and return to the UK despite the application not having been granted?Withdrawal of applicationsWhere an applicant has submitted an

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit