The following Immigration guidance note Produced in partnership with Sarah Pinder of Goldsmith Chambers provides comprehensive and up to date legal information covering:
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.
'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 one, unless specific circumstances are met.
The nature and scope of the evidential flexibility policy for PBS leave to remain applications were first considered in detail by the Upper Tribunal in the case of Rodriguez (Flexibility Policy); Rodriguez v Secretary of State for the Home Department  UKUT 42 (IAC) (not reported by LexisNexis®). In that case, the applicant met the maintenance requirement for a Tier 4 (General) application, however failed to submit sufficient evidence to demonstrate this. The Evidential Flexibility policy
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234