Annex FM 1.7 - UK Border Agency

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(iii) the information required on transactions, funds held and time period(s) or as otherwise specified in this Appendix in relation to bank statements; and/or (3) a letter must be on the headed stationery of the bank, building society or other financial institution and must clearly show: (i) the account number, (ii) the date of the letter; (iii) the financial institution's name and logo; and (iv) the information required on transactions, funds held and time period(s) or as otherwise specified in this Appendix in relation to bank statements. 3.3.7. Wage slips must be on company headed paper, or stamped and signed by the employer, or accompanied by a letter from the employer on company headed notepaper and signed by a senior manager confirming they are authentic. 3.3.8. Where Appendix FM-SE requires the applicant to provide specified evidence relating to a period which ends with the date of application, that evidence must be dated no earlier than 28 days before the date of application. 3.3.9. Any documentary evidence must be the original (not a copy) unless indicated otherwise in Appendix FM-SE. For further information on evidential flexibility please see section 3.4 of this guidance. 3.3.10. Where a document is not in English or Welsh, the original must be accompanied by a certified translation by a professional translator. This translation must include details of the translator’s credentials and confirmation that it is an accurate translation of the original document. It must also be dated and include the original signature of the translator. 3.3.11. Under GEN.1.5 of Appendix FM, where caseworkers have reasonable cause to doubt the genuineness of any document submitted in support of an application and, having taken reasonable steps to verify the document, are unable to verify that it is genuine, the document will be discounted for the purposes of the application. 3.3.12. Caseworkers will be able to refuse the application if they have evidence that the applicant or partner has deceived them as to the level and/or source of income, has tried to do so, or has withheld relevant information, e.g. that the cash savings relied upon are a loan. Caseworkers will also be able to refuse an application if they are told by the applicant, or establish, that the applicant’s or applicant’s partner’s circumstances have changed materially since the point of application, such that the applicant does not meet the requirements. 8
3.4. Evidential flexibility 3.4.1. There is discretion for UKBA to defer an application pending submission of missing evidence or the correct version of it, within reasonable deadline set for this. UKBA will not have to defer where it does not think that correcting the error or omission will lead to a grant. 3.4.2. UKBA are also able to grant an application despite minor evidential problems (but not where specified evidence is missing entirely). 3.4.3. There is additional discretion where evidence cannot be supplied because it is not issued in a particular country or has been permanently lost. 3.4.4. The Evidential Flexibility in relation to the Family route is outlined in Paragraph D of Appendix FM-SE : D. In deciding an application in relation to which this Appendix states that specified documents must be provided, the Entry Clearance Officer or Secretary of State (“the decision-maker”) will consider documents that have been submitted with the application, and will only consider documents submitted after the application where sub-paragraph (b) or (e) applies. (b) If the applicant: (i) Has submitted: (aa) A sequence of documents and some of the documents in the sequence have been omitted (e.g. if one bank statement from a series is missing); (bb) A document in the wrong format; or (cc) A document that is a copy and not an original document; or (ii) Has not submitted a specified document, the decision-maker may contact the applicant or his representative in writing or otherwise, and request the document(s) or the correct version(s). The material requested must be received by the UK Border Agency or Border Force at the address specified in the request within a reasonable timescale specified in the request. (c) The decision-maker will not request documents where he or she does not anticipate that addressing the error or omission referred to in sub-paragraph (b) will lead to a grant because the application will be refused for other reasons. (d) If the applicant has submitted: 9
Page 1 and 2: December 2012 Contents IMMIGRATION
Page 3 and 4: 1. Introduction With effect from 9
Page 5 and 6: • Is an EEA national (except wher
Page 7: 3.3. Evidence Requirements - Genera
Page 11 and 12: 3.6.2. The evidence needed to demon
Page 13 and 14: Income Source Salaried Employment N
Page 15 and 16: 5. Salaried Employment 5.1. Categor
Page 17 and 18: 5.2. Category B: Less than 6 months
Page 19 and 20: (2) The actual gross income receive
Page 21 and 22: 18. When calculating income from sa
Page 23 and 24: (iii) the entitlement to maternity,
Page 25 and 26: (d) Equity in a property cannot be
Page 27 and 28: 7. Cash Savings 7.1. Category D: Ca
Page 29 and 30: funds without notice). This can inc
Page 31 and 32: 9. Self-Employment 9.1. Category F:
Page 33 and 34: of State may continue to accept the
Page 35 and 36: 9.8. Directors of Limited Companies
Page 37: 10. Refusal Wordings 10.1. Applican

Annex FM 1.7 - UK Border Agency

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