Welcome changes are being introduced to the validation process for immigration applications. Currently, Tier 2 applicants sometimes find themselves in situations where they submit an application in-time, only to have it returned due to a problem outside of their control, such as payment being incorrectly processed.
By the time the notice of invalidity is sent to the individual, the individual's leave may have expired and the individual is required to re-submit an application out-of-time. Where an application is submitted out-of-time, this can result in a migrant no longer having the right to work in the UK, which causes problems for both the migrant and employer alike.
As of 6 November 2014, applicants served with a notice of invalidity may be given the opportunity to rectify the error or omission to the application. In such cases, the Home Office decision-maker will write to the migrant and allow 10 working days to correct the application. This means that, provided the amended application and/ or any requested information is returned within 10 days, it will be treated as in-time. The migrant will therefore be allowed to continue working whilst the application is being considered.