Can an applicant have two applications pending with the Home Office at the same time, where one application has been made under the Immigration Rules, and the other under the Immigration (European Economic Area) Regulations 2016?

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Produced in partnership with Gary McIndoe of Latitude Law

Published on: 16 January 2019

An application for leave to remain in the UK under domestic immigration rules is valid when a migrant meets the requirements of paragraph 34 of the Immigration Rules. Immigration Rules, Part 1, para 34BB(1) very clearly provides that: ‘An applicant may only have one outstanding application for leave to remain at a time’.

Additionally, Home Office guidance Applications for leave to remain: validation, variation and withdrawal, is clear that an applicant cannot submit simultaneous applications, confirming that: ‘only one form of leave can be granted at any time’.

However, an application under the Immigration (European Economic Area) Regulations 2016, SI 2016/1052 is not caught

Gary McIndoe

Latitude Law

Gary has practised UK-inbound immigration, nationality and refugee law for more than 25 years. His first taste of work in his field was at the Home Office, where his role included policy work on the return of Hong Kong to Chinese control in 1997.

He qualified as a solicitor in 2000 and founded Latitude Law in 2007; the firm has grown steadily since then and currently has a 15-strong legal team undertaking a full range of immigration work.

Latitude has recognised expertise in guiding businesses, from start-ups to mulitnationals, through sponsor licensing and related regulatory processes. It is also noted for its work with high-net-worth individuals, with particular focus on the sole representative of overseas business, innovator and start-up visa categories.

Gary and his team have developed strong links with exceptionally talented individuals in a burgeoning regional tech sector. Latitude also continues to take on complex asylum and deportation work. The firm has a satellite office in London and a subsidiary business in Brussels. Gary is registered as a foreign lawyer with the Brussels Bar.

Gary is an AILA international associate and has contributed to panels at the organisation’s global and European conferences in recent years. He is chair of trustees of Electronic Immigration Network, a charity providing information services in the sector, and a patron of Middle Eastern human rights charity Salam DHR. In 2021 he co-authored, with Gemma Tracey, a practical guide to deportation (Law Brief Publishing).

Jurisdiction(s):

United Kingdom

Key definition:

Immigration Rules definition

What does Immigration Rules mean?

Statements contained in House of Commons or Command Papers setting out the practice to be followed in the administration of the Immigration Act 1971 for regulating the entry into and stay in the United Kingdom of those who do not have the right of abode (including the period for which leave is given and the conditions attached in different circumstances).

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