R5.45 Approval in Principle (15/12/2003)

1. An application for residence is approved in principle at such time as a visa or immigration officer is satisfied that all evidential and verification requirements necessary to demonstrate eligibility under the relevant policy have been met with the exception of the payment of any applicable migrant levy (see R5.90), settlement information fee or ESOL tuition fee.
2. The date of approval in principle is the date of the letter to the principal applicant or their agent advising that approval in principle has been given.
3. If evidence that requirements have been met has not been submitted, or a fee or levy or charge has not been paid within the period specified in the original letter advising of approval in principle, the application must be declined unless an immigration or visa officer is satisfied that circumstances warrant extending that period.

R5.45.1 Information received after approval in principle has been given

Immigration Act 1987 s 14B (4)

1. After giving approval in principle and before making a final decision on an Investor category application, immigration and visa officers must take into account any acceptable evidence that alters the points allocation or the basis of the points allocation.
2. In accordance with the principles of fairness and natural justice provided in the Administration chapter (A1), principal applicants must be given the opportunity to comment before a final decision on their eligibility under Government residence policy (including Health and Character requirements policy) is made on the basis of any potentially prejudicial information that comes to light after approval in principle.

Effective 15/12/2003