It may seem a silly question to ask. An application is made when you fill out the visa application form and forward it to the visa application centre or British Embassy - right? Wrong.
When you make a 'valid' application can have serious repercussions on your future in the UK as Ms Kaur found out in the case ofKaur (Entry Clearance - date of application) [2013] UKUT 00381 (IAC).
Ms Kaur was employed by Mr Singh in India. Mr Singh was also resident in the UK. Ms Kaur applied for entry clearance to take up an offer of employment in Mr Singh's home in the UK.
Ms Kaur made an online application for entry clearance on 4 April 2012. She was interviewed by the Entry Clearance Officer (ECO) on 9 April 2012. She handed over her supporting documents and also paid her visa application fee at this meeting.
There was a change to the immigration rules on 6 April 2012. The ECO refused Ms Kaur's application on 20 April 2012 on the basis that she did not meet the requirements of the new rules.
Ms Kaur appealed this decision stating that her application had been made before 6 April 2012 (on 4 April 2012) and for this reason she benefitted from the old rules.
The appeal turned on when the application was validly made. If it was valid on 4 April 2012 when Ms Kaur submitted her online application then she would succeed in her appeal as she met the rules in place at that time. She would be granted entry clearance to the UK. The ECO contended that her application was valid as at 9 April 2012 when Ms Kaur paid her visa application fee. She should be refused entry clearance to the UK.
The Tribunal found that an application is not validly made unless accompanied by a fee therefore Ms Kaur's application became valid on 9 April 2012. She did not meet the new rules in place on 9 April 2012 and the decision to refuse her entry clearance was correct.
This case shows the importance of ensuring that your application is lodged and your fee is paid to avoid the problems that Ms Kaur encountered. Speak to an immigration solicitor at Drummond Miller further about this.
Please note that the above case relates to applications for entry clearance. It may be that different rules apply to in-country applications. Again, please consult an immigration solicitor at Drummond Miller for further advice.