Relying on the signed declaration as verification that an applicant has no capital in A&A/ABWOR cases (from 4 August 2023)

If your client states on either the AA/LAO/CIV, AA/LAO/CHLA or the AA/LAO/CRIM that they have no capital and subsequently signs the declaration, you can still use the signed declaration to verify that the applicant has no capital.

Please note that you cannot rely on a declaration verifying the capital position of the client if the client has not actually signed the form.

Indicating that the client is not present on the A&A system means that you were not able to get the declaration form signed at the initial consultation or meeting with the client.

You can only state that you are relying on the signed declaration if your client has, in fact, signed the declaration.

If verification of capital is not available at the initial meeting, you should try to get this later.

You can then update us on what evidence you have seen, or in cases where you have been unable to obtain verification, the steps you have taken to obtain this by submitting a verification update.

This has not changed since before lockdown.

The default position is for both the Solicitor and the Client to sign the declaration form, where full details, including any capital have been declared.

However, where your client has no capital, and you do not have a signed declaration, how you complete the online application will depend on whether she/he has a bank account.

Where there is a bank account, you should normally see a bank statement for the qualifying period to verify the capital position.

However, the following guidance should help you answer the questions and submit the application where you have not seen verification, and you do not have a signed declaration.

No capital, and no signed declaration, applicant has a bank account

I have seen the most recent evidence of the applicant’s capital – No

Awaiting Verification? Yes – submit the application and advise us later when verification is seen.

Awaiting Verification? No – add free text to explain why applicant cannot provide any verification.  For example, if the client is in custody or in hospital, or you can explain the steps you have taken to get verification.

No Capital, and no signed declaration, applicant has no bank account

I have seen the most recent evidence of the applicant’s capital – No

Awaiting Verification? No – add free text to explain that the applicant has no bank account.