Archived PBS guidance

[damnmad]

Hello all,

I'm looking for archived PBS guidance similar to the one below

https://www.gov.uk/government/publicati ... -5#history

I'm mainly looking for the copies from below dates

7 January 2019
Updated guidance.

13 December 2018
Updated guidance.

Any help would be appreciated.

Thanks & Kind Regards

[CR001]

Was there something specific you were looking for in the guidance?

[damnmad]

Thanks for your reply 'CR001'

I'm dealing with an issue related to Jan 2019 application

I found this

https://assets.publishing.service.gov.u ... .0-ext.pdf

But it says "Home Office Staff Guidance" in the footer, does it mean it is only for home office staff and not for applicants?

I need application/applicant guidance in order to prepare my counter argument, so I need the whole guidance copy to understand the rules that exist at that time.

[vinny]

Try (PBS dependants)

[damnmad]

Fantastic Vinny, thank you so much.

[damnmad]

Just another general question.

Am I wrong in thinking that applicants shouldn't use the below guidance documents as a reference while making immigration applications, the reason I ask is, the footer notes clearly say that "Published for Home Office staff", please do correct me if I am wrong.

https://assets.publishing.service.gov.u ... .0-ext.pdf

[vinny]

I think applicants/courts may consider if caseworkers have acted in line with their own Guidances. These also interprets the rules for caseworkers and applicants. Hence, caseworkers’ guidances are useful and are on line for all to see. Some Guidance also have discretion to be less restrictive than the rules. But be aware that some Guidance may also misinterpret the rules, making them open to challenge.

[damnmad]

Yes, I agree, I thought the same.

I also reckon that content of Application guidelines should also be inline with the content written in Home office staff guidance in a transparent sense.

With that said, if my application has been rejected, the first place to look is the applicant/application guidance and make sure my application is inline with the application guidance or guidelines irrespective of home office staff guidance? Please do correct me if I am wrong.

Appreciate your responses regarding this and apologies if my questions sound silly.

[vinny]

Places to look:
1. Rules.
2. Guidances.
3. Judgments.

What was your particular problem?

[damnmad]

Fab Vinny

[CR001]

Places to look:
1. Rules.
2. Guidances.
3. Judgments.

What was your particular problem?

See previous link topic.

general-uk-immigration-forum/ihs-refund ... l#p1830105

[damnmad]

Places to look:
1. Rules.
2. Guidances.
3. Judgments.

What was your particular problem?

See previous link topic.

general-uk-immigration-forum/ihs-refund ... l#p1830105

Sorry vinny, I did not see your question "What was your particular problem?"

Thanks for quoting my issue CR001

Currently it is with ombudsman, they couldn't find any guidance supporting which explicitly say that IHS fee (in case of fee increase) is chargeable according to the date of application but using home office staff guidance to prove what ukvi did is right, but even HO staff guidance doesn't explicitly say that IHS should be charged according to application submission date but it has clear guidance about how application fee is calculated or application is valid. Interesting thing I've noticed is that IHS website also consider the process of paying IHS fee as an application. Also IHS fee is paid on a different website as a separate payment and it has to be paid prior to the application fee irrespective of when an applicant will submit the main application.

I don't know if I've picked a foul fight or something, but I strongly feel that there is no guidance supporting how I've been charged IHS, particularly when there is a fee increase.

I welcome any opinions based on your expertise.

[vinny]

When a charge must be paid

5.—(1) A person required by article 3 to pay a charge must pay the amount required when the person applies for entry clearance or leave to remain, as applicable.

19.

In substance therefore, the May 2016 application would have succeeded had she submitted the payment for the IHS immediately before, rather than a few hours after she submitted the visa application. Mr Woodhouse provided a copy of the Immigration (Health Charge) Order 2015 which at paragraph 5 (1) provides that a person required to pay a charge "must pay the amount required when the person applies for entry clearance or leave to remain, as applicable". That Statutory Instrument does not state in terms that it must be paid prior to the application and in this case the appellant in fact made the payment on the same day as she made the application. It would have been a matter that may have been resolved by Judicial Review at the time. Unfortunately, the appellant was at all times making her applications without the benefit of legal advice.

[damnmad]

When a charge must be paid

5.—(1) A person required by article 3 to pay a charge must pay the amount required when the person applies for entry clearance or leave to remain, as applicable.

19.

In substance therefore, the May 2016 application would have succeeded had she submitted the payment for the IHS immediately before, rather than a few hours after she submitted the visa application. Mr Woodhouse provided a copy of the Immigration (Health Charge) Order 2015 which at paragraph 5 (1) provides that a person required to pay a charge "must pay the amount required when the person applies for entry clearance or leave to remain, as applicable". That Statutory Instrument does not state in terms that it must be paid prior to the application and in this case the appellant in fact made the payment on the same day as she made the application. It would have been a matter that may have been resolved by Judicial Review at the time. Unfortunately, the appellant was at all times making her applications without the benefit of legal advice.

I must praise your knowledge on the subject and also thank you so much for providing these references and the case documents, really appreciate it.