‘De-risking’ and financial exclusion
Section 19 of the UK Borders Act 2007 came into force on Monday 23 May 2011 and has the effect of severely restricting the evidence that can be used in appeals against the refusal of points based system applications. This affects points based system immigration appeals heard for the first time after 23 May 2011 and restricts evidence that can be relied upon at appeal to that which was presented originally with the application.
Anyone making an application to remain in the UK under the various parts of the points-based system should bear in mind that all relevant documents need to be submitted with the initial application. There will be no opportunity to introduce anything additional at a later date if the application is refused. This affects applications under categories including Tier 1 (Entrepreneur), Tier 2 and Tier 5.
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