A change has been made to the Immigration Rules which may affect those applying for Indefinite Leave to Remain. The addition of a new Rule – Rule 34BB – states that applicants applying to remain in the UK will now need to fulfil an additional requirement as part of their application. For applications made on or after the 6th of April 2015, a valid, original passport or, alternatively, a national identity card from the applicant’s country of origin will need to be provided. If a sufficient document isn’t provided along with the ILR application, it will be categorised as invalid. In most instances, the applicant or their legal representative will have 10 working days to supply the relevant identity document before it is dismissed as an invalid application and rejected.

There are some exceptions to the new 34BB Rule as follows:

  1. Where the applicant is applying for access to public funds under the domestic violence concession
  2. The applicant is categorised as a stateless person
  3. The applicant has refugee status or humanitarian protection
  4. The necessary documents are held by the Home Office
  5. There is ‘good reason’ as to why the document can’t be produced (please note that ‘good reason’ will be deemed as such by the Secretary of State, not the applicant or their representative)

If you think your application for Indefinite Leave to Remain may be affected by this change then please get in touch to discuss your application.