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A5.35 Applications usually deferred (29/11/2010)
Applications for a residence class visa will usually be deferred for up to six months if, at the time the application is assessed:
- the applicant (see R2.1.5) has an arrest warrant (or the equivalent) outstanding in any country; or
- the applicant:
- has been charged with any offence which, on conviction, would make either A5.20 or A5.25(a) to (f) apply to that applicant; or
- is under investigation for such an offence; or
- is wanted for questioning about such an offence; or
- the applicant is applying for residence under the Family or Special Categories on the basis of their relationship to a person whose residence status is under investigation at the time of assessment of the Family or Special Category application. In such cases, if the investigation cannot be finalised within the initial six month deferral period the application may continue to be deferred until it is.
Note: if a resident visa holder is applying for a permanent resident visa, and the travel conditions on the resident visa are about to expire, further travel conditions can be granted for the same duration as the deferral period.
A5.35.1 Action
The immigration officer must:
- defer the decision on the application for up to six months
Note: this does not require granting the applicant a temporary entry class visa: (see relevant temporary entry instructions E6.5); and
- await the outcome of the charge, investigation or questioning, or await cancellation or execution of the arrest warrant; and
- if removal of the character impediment is confirmed, continue processing the application normally; and
- if the character impediment is not removed, assess the application as in A5.25.1 at the end of the deferral period.
Note: instructions in A5.35 apply to the holder of a residence class visa only if entry permission has never been applied for or is being considered for the first time, or a resident visa holder is applying for a permanent resident visa.
Effective 29/11/2010
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