As an Immigration Solicitor, these are the Top 5 Most Common Mistakes I See Applicants Make
UK immigration is a bit like assembling flat-pack furniture. The instructions aren’t straightforward, they’re easy to misread, and you may only find out something is wrong when it’s too late and there’s a spare screw in your hand.
Except the stakes here are a little higher than a wobbly bookcase.
After years of helping people through visas, settlement, and citizenship, I’ve seen the same mistakes crop up again and again. Some are small and easily fixed. Others will cost you time, money, and a lot of sleepless nights. The good news is that nearly all of them are avoidable.
Whether you’re applying for a partner visa, counting down to ILR, or hiring your first sponsored worker, there’s a good chance something in here will save you a headache (or even a refusal).
And if you’d like the peace of mind that only comes with a good immigration solicitor, contact me today - I’ll be pleased to hear from you.
Top 5 Most Common Mistakes, By Category
All Applicants
Taking physical documents to the biometrics appointment. Everything is uploaded online now so this really isn’t necessary (except your passport!)
Booking travel too early. You never truly know how long processing will take, so it’s advisable to wait until the visa is granted before booking flights.
Misunderstanding section 3C. If you submit a visa application before your current visa expires, you’ll be protected by section 3C, even if the expiry date passes before you get a decision. So much unnecessary stress here!
Thinking refusal means refund of the application fee. Sadly this is not the case. (Although IHS will normally be refunded).
Expecting help from the Home Office. If you can even get hold of someone, they won’t advise on things like if you meet the requirements or if your evidence is good enough. They’ll tell you to get legal advice instead (from someone like me!)
Partner Visas
Getting timings wrong on the financial evidence. Certain documents need to be no more than 28 days old at the date of application. Miss this and refusal may follow.
Too much weak evidence; not enough strong evidence. Everyone is good at finding photos and message logs, but these are weak in the Home Office’s eyes. Cohabitation evidence might be more boring, but it’s also much stronger.
Thinking you must be married to qualify. Options exist for fiancé(e)s and unmarried partners too!
But also – getting a fiancé(e) visa if you don’t really need or want one. Sometimes it’s better to marry overseas and go straight to the UK spouse visa.
Thinking extension is the same as the first application. The focus shifts in a couple of important ways, including cohabitation.
ILR
Thinking ‘earned settlement’ is already here. It’s not! The current qualifying period for ILR on most routes is still 5 years! *correct at the time of writing in October 2026
Waiting too long to apply. You can normally apply for ILR up to 28 days before you reach 5 years in the UK. For some visa routes you can also include the time between when the visa was granted and your arrival in the UK.
Thinking ILR = British passport. It doesn’t, that only comes with British citizenship.
Skilled Workers waiting for all their dependants to reach five years before applying for ILR. Not needed – the main applicant can go ahead and the dependants can catch up later.
(Sadly) thinking ILR is cheaper than a visa at the point of application. There’s no IHS for ILR, but the visa fee is inflated to make up for it.
Citizenship
Choosing the wrong referees. There are rules about the age, nationality and profession of your referees, and they must have known you for 3+ years.
Thinking that maintaining a UK property while you’re away will mean discretion over excess absences. It’s helpful but doesn’t count for much on its own.
Overlooking the British spouse advantages when they apply. You can apply for citizenship as soon as you get ILR if you’re married to a Brit; you don’t need to wait 12 months like everyone else.
Taking an English language test you don’t need. A previous test certificate can be used again for naturalisation, in some circumstances.
Thinking you’re a Brit as soon as you get the decision. In fact, you’re not British until the citizenship ceremony.
Work Visas
Thinking all work routes can have dependants – this is no longer true and should be carefully checked.
Students trying to switch before completing their studies. It’s no longer possible to drop out and take up employment as a Skilled Worker; you must complete your course first, and be able to prove it too.
Falling short of the English language requirement. For work visas the test isn’t only in speaking and listening, but reading and writing too.
Worrying about taking sick leave, or maternity/paternity leave. On its own this won’t risk sponsorship, as long as you have good evidence to hand. Your health and family life are important!
Getting exploited by dodgy employers. Beware anyone who charges a fee for a CoS – this is unlawful and should be a huge red flag that something is seriously wrong with the job offer.
Sponsor Licences
‘Hoping for the best’ with the evidence. There’s a list of accepted evidence for sponsor licences, and submitting incorrect or insufficient documents weakens the application.
Mixing up DCoS and UCoS – there are fundamental differences and assigning the wrong one, even by mistake, can mean revocation of your licence.
Sharing passwords. Only your Level 1 and 2 Users can have access to the SMS; sharing passwords, even internally or with your legal advisor, is grounds for revocation of your licence. Solicitors shouldn’t be asking for login details!
Not certifying maintenance. This is a no-brainer for most employers but failing to tick the right box adds a lot of hassle for your sponsored worker.
Thinking sponsorship is so expensive it’s not worth bothering. Yes – it’s not cheap, but neither is endless recruitment if it’s not getting you the staff you need.
What To Do
If you spotted yourself in the list above, don’t panic. Almost everyone makes at least one of these mistakes, and most of them can be put right when they’re caught in time.
The UK’s immigration system is complicated, the rules change often, and nobody is born knowing the difference between a UCoS and a DCoS!
That’s where I come in. If you’re not sure where you stand, or you’d simply like someone who’s seen it before to take a look before you hit ‘submit’, let’s chat. A little advice early on can save a lot of stress, and potentially a lot of money, later.
Your future in the UK is far too important to leave to chance.