Q&As

Can an applicant have two applications pending with the Home Office at the same time, where one application has been made under the Immigration Rules, and the other under the Immigration (European Economic Area) Regulations 2016?

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Produced in partnership with Gary McIndoe of Latitude Law
Published on LexisPSL on 16/01/2019

The following Immigration Q&A Produced in partnership with Gary McIndoe of Latitude Law provides comprehensive and up to date legal information covering:

  • Can an applicant have two applications pending with the Home Office at the same time, where one application has been made under the Immigration Rules, and the other under the Immigration (European Economic Area) Regulations 2016?

An application for leave to remain in the UK under domestic Immigration Rules is valid when a migrant meets the requirements of paragraph 34 of the Immigration Rules. Immigration Rules, Part 1, para 34BB(1) very clearly provides that: ‘An applicant may only have one outstanding application for leave to remain at a time’.

Additionally, Home Office guidance Applications for leave to remain: validation, variation and withdrawal, is clear that an applicant cannot submit simultaneous applications, confirming that: ‘only one form of leave can be granted at any time’.

However, an application under the Immigration (European Economic Area) Regulations 2016, SI 2016/1052 is not caught by

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