Immigration Rules

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Immigration Rules Appendix SN: Service of notices

Service of notices

Service of Notices

Introduction

Notices of appealable immigration decisions are served under the Immigration (Notices) Regulations 2003.

Notices of non-appealable immigration decisions which grant or refuse leave to remain, vary leave to remain or refuse to vary leave to remain are served under the Immigration (Leave to Enter and Remain) Order 2000.

Notices falling within paragraph SN1.2 of this Appendix to the Immigration Rules are to be served in accordance with this Appendix.

Definitions

SN1.1 For the purpose of this Appendix the following definitions apply:

     
Administrative review as defined in Appendix AR.  
business day any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom to which the notice is sent.  
decision-maker (a) the Secretary of State; (b) an immigration officer; (c) an entry clearance officer;  
representative a person who appears to the decisionmaker: (a) to be the representative of a person referred to in paragraph SN1.2 below; and (b) not to be prohibited from acting as a representative by section 84 of the 1999 Act.  

Service of notices

  1. SN1.2 A notice in writing:
    1. (a) that an application for entry clearance, leave to enter or leave to remain in the United Kingdom is invalid;
    2. (b) that an application for entry clearance, leave to enter or leave to remain in the United Kingdom is void;
    3. (c) that an application for administrative review is invalid; or
    4. (d) notifying a person of the outcome of an administrative review application,
  2. may be given to the person affected as follows.
  1. SN1.3 The notice may be:
    1. (a) given by hand;
    2. (b) sent by fax;
    3. (c) sent by postal service to a postal address provided for correspondence by the person or the person’s representative;
    4. (d) sent electronically to an e-mail address provided for correspondence by the person or the person’s representative;
    5. (e) sent by document exchange to a document exchange number or address; or
    6. (f) sent by courier.
  1. SN1.4 Where no postal or e-mail address for correspondence has been provided, the notice may be sent:
    1. (a) by postal service to:
      1. (i) the last-known or usual place of abode, place of study or place of business of the person; or
      2. (ii) the last-known or usual place of business of the person’s representative; or
    2. (b) electronically to:
      1. (i) the last-known e-mail address for the person (including at the person’s last-known place of study or place of business); or
      2. (ii) the last-known e-mail address of the person’s representative.
  1. SN1.5 For the purposes of paragraphs SN1.3 or SN1.4, a postal address outside the UK is not a postal address for correspondence where the person affected by the notice is in the UK.
  2. SN1.6 Where it is not possible to give notice in accordance with paragraphs SN1.3 and SN1.4 or where an attempt to do so has failed, and the decision-maker records the reason for this and places the notice on file, the notice shall be deemed to have been given on the day that it is placed on file.
  3. SN1.7 Where a notice is deemed to have been given in accordance with paragraph SN1.6 and subsequently the person is located, the person shall as soon as is practicable be given a copy of the notice and details of when and how it was given.
  4. SN1.8 A notice given under this appendix may, in the case of a person who is under 18 years of age and does not have a representative, be given to the parent, guardian or another adult who for the time being takes responsibility for the child.

Presumptions about date of receipt of notice

  1. SN1.9 Where a notice is sent in accordance with paragraphs SN1.2 to SN1.4, it shall be deemed to have been given to the person affected, unless the contrary is proved:
    1. (a) where the notice is sent by postal service:
      1. (i) on the second day after it was sent by postal service in which delivery or receipt is recorded if sent to a place within the United Kingdom;
      2. (ii) on the 28th day after it was posted if sent to a place outside the United Kingdom;
    2. (b) where the notice is sent by fax, e-mail, document exchange or courier, on the day it was sent.
  1. SN1.10 For the purposes of paragraph SN1.9(a) the period is to be calculated excluding the day on which the notice is posted.
  2. SN1.11For the purposes of paragraph SN1.9(a)(i) the period is to be calculated excluding any day which is not a business day.