All Articles: Family immigration

The change to the immigration rules on 11 April 2024 regarding how absences would be calculated in the long residence route initially caused a lot of confusion because the drafting of the new rules was ambiguous, yet the updated guidance seemed to suggest that the 548 day limit no longer...

16th July 2024
BY Alex Piletska

Immigration and nationality law as it relates to international adoption is undoubtedly complex and a topic with which only a few practitioners are familiar. There are numerically very few international adoption cases, after all. The inevitable cross over with family law does not make it any easier. This blog post...

28th June 2024
BY nathgbikpi

The Home Office introduced immigration concessions and special visa schemes in response to Russia’s full-scale invasion of Ukraine in 2022. These were the Ukraine family scheme, Ukraine extension scheme, and Homes for Ukraine scheme. The department’s “core plan” was to issue visas rather than formal refugee status to Ukrainian citizens,...

25th June 2024
BY Free Movement

The Home Office has published statistics for the period January to March 2024 showing a marked drop in the grant rate for asylum cases, tens of thousands of EU Settlement Scheme applications rejected as invalid, and a fee waiver backlog that seems to be rapidly spiralling out of control. My...

23rd May 2024
BY Sonia Lenegan

The Appendix FM minimum income requirements for spouse and partner visas can catch out even those with enough money to meet them. Having the money only takes you so far: the income must come from a specific source, must be calculated in a certain way, and specified evidence must be...

12th April 2024
BY Jack Freeland

In other posts we have looked at the requirements to be satisfied by a spouse or partner who seek leave to enter or remain. Under Appendix FM, the sponsor can be a British citizen, a settled person, a refugee, or someone with humanitarian protection, limited leave under Appendix EU, Appendix...

12th April 2024
BY Gabriella Bettiga

Spouses and partners of British citizens or people settled in the UK can apply for a visa to join or remain with their loved ones. These applications are dealt with by the Home Office under the immigration rules. Specifically, the part of the rules that applicants need to navigate are...

12th April 2024
BY Gabriella Bettiga

This article explains how to make a successful change of conditions application where a person needs to lift the no recourse to public funds restriction (NRPF) from their grant of leave. This article is written for applicants as well as for the lawyers and advisors who may be assisting in...

3rd April 2024
BY Caz Hattam

As previously advised, today a statement of changes and explanatory memorandum to the immigration rules was published to bring in the income threshold increases for both skilled worker and Appendix FM partner routes. The immigration minister made a statement summarising the changes relating to the skilled worker, Appendix FM partner,...

14th March 2024
BY Sonia Lenegan

As trailed previously, a statement of changes has been published today removing the rights of care workers to bring dependants to the UK. What was not mentioned in advance was that this statement of changes would also close the Ukraine Family Scheme with immediate effect (from 3pm 19 February 2024),...

19th February 2024
BY Sonia Lenegan

Since 31 January 2024, victims of transnational marriage abandonment can apply for a visa to return to the UK. This follows the landmark case of R on the application of AM v Secretary of State for the Home Department [2022] EWHC 2591 (Admin). This post looks at how to make...

19th February 2024
BY Nath Gbikpi

The Home Office has made changes to the Destitute Domestic Violence Concession by publishing new guidance and a new application form today. There is a new acronym for practitioners to learn as the concession has been re-branded as the Migrant Victims of Domestic Abuse Concession (MVDAC). The big change is...

16th February 2024
BY Nicole Masri

Domestic violence is a serious infringement of someone’s rights. While most often perpetrated against women, it can affect people from any background and part of society. Migrants can be particularly vulnerable and unwilling to seek help because of their precarious status in the UK. This article looks at in country...

15th February 2024
BY Nicholas Webb

A ministerial statement made today has confirmed that there are two statements of changes coming in the next couple of months. The first will remove the ability of care workers to bring dependants, and the second will include the increase to the minimum income requirement for families, among other changes....

30th January 2024
BY Sonia Lenegan

“This is a very dark day for many families who will be unable to meet the … new income requirement” commented Sonia on the day the Home Secretary announced that the minimum income requirement for partners under Appendix FM was going to be raised. Her view is shared by many immigration...

22nd January 2024
BY Barry O'Leary

Reunite Families UK, a lived experience organisation, have published a timely new report looking at the negative mental health impact of family separation caused by the immigration rules, particularly the minimum income requirement. The research looks at the current position, which is shortly to become considerably worse when the increase...

20th December 2023
BY Sonia Lenegan

The Home Office has recently updated its guidance to clarify that leave under the Hong Kong BN(O) route cannot be cancelled because of relationship breakdown. Background Like most other immigration routes, a dependent spouse/ partner under the Hong Kong BN(O) route needs to show the Home Office that they are...

1st December 2023
BY Nicole Masri

The “sole responsibility” immigration test comes into play where one of the parents of a child is relocating to the United Kingdom and one parent remains abroad. The United Kingdom’s immigration rules effectively presume that a child should remain outside the country with the other parent, unless the parent moving...

15th November 2023
BY Colin Yeo

This post is intended for refugees (including those with humanitarian protection), their families and their friends trying to understand the rules on refugee family reunion. The requirements to be met are fairly straightforward and simple for children and partners who existed at the time the refugee fled their country of origin. These...

7th September 2023
BY Colin Yeo

Adult dependent relative visas have one of the highest refusal rates of all immigration routes. Between 2017 and 2020, 96% of applications were refused. In this article I look at why these applications often go wrong and what you can do to try make them go right. This is not...

29th August 2023
BY John Vassiliou

The immigration rules are full of harsh general rules accompanied by potential exceptions. These exceptions require a subjective judgment to be made and they make the rules complex. They also manufacture risk for applicants, making the outcome of immigration applications hard to predict. Unpredictability, combined with the high financial and...

9th May 2023
BY Colin Yeo

The adult dependent relative rules have been buried in Appendix FM since their inception on 9 July 2012. From 1 June 2023, they have been transposed into their own standalone Appendix Adult Dependent Relative. The new appendix was announced in the 9 March 2023 Statement of Changes to the Immigration...

17th March 2023
BY John Vassiliou

The scandal of asylum-seeking children going missing from Home Office hotels (Ministers resist terms such as ‘kidnapped’) is an extreme situation. But they are not the only children suffering at the hands of the UK’s migration policies. The Lords Justice and Home Affairs Select Committee has recently published All families...

7th March 2023
BY Baroness Hamwee

The Home Office is not beloved as an institution. Some consider it necessary. But no-one likes it. That seems to include not just migrants and their families but also many of the civil servants at the Home Office itself, the lawyers and judges who interact with the Home Office and...

30th January 2023
BY Colin Yeo

The minimum income requirement for a spouse or partner visa is well known. Broadly speaking, applicants must show that their sponsor has a gross annual income of at least £18,600. Alternatively, they can rely on savings or, if they are already in the UK and working legally, on their income....

15th November 2022
BY Deborah Revill

The Independent Chief Inspector of Borders and Immigration has published a new report reviewing the Home Office’s processing of family visas, with a focus on indefinite leave to remain applications. It highlights that despite the findings of the Law Commission in its report, and the Home Office’s commitment to simplifying...

24th October 2022
BY Francesca Sella

In the recent case of Singh v Secretary of State for the Home Department [2022] EWCA Civ 1054; [2022] 7 WLUK 328, the Court of Appeal turned its attention back to the EU law concept of “dependency”. The appeal was brought by an extended family member of an EEA national...

20th September 2022
BY Eva Maria Doerr

The pandemic threw into sharp focus the overlooked and marginalised needs of the frail and bereaved elderly parents applying to be regarded as part of their settled families in the UK. The 2012 version of the Adult Dependent Rules for adult parents, siblings and others marked a tightening of UK...

12th August 2022
BY Usha Sood

The current immigration rules on when a refugee may be joined by family members — often referred to as refugee family reunion — are woefully outdated and simply do not reflect the nature of modern families. Reform is long overdue. But in the meantime, it is feasible to make successful...

10th August 2022
BY Decla Palmer

The Home Office has published guidance on when officials should vary an application for indefinite leave to remain and instead grant an extension of permission to stay (i.e. limited leave to remain). The stated rationale is to ensure that people who apply for settlement and don’t qualify, but who do...

6th July 2022
BY Bilaal Shabbir

The Home Office has published guidance on fee waivers for entry clearance applications (in other words, when it is possible to get a visa for free). This is important as the fees are set at a level that is prohibitive for many families. The waiver application form is here. The...

30th June 2022
BY Sonia Lenegan

The High Court has declared that Home Office policy on allowing migrants to have access to public funds is unlawful for failing to take account of the best interests of children, or of a previous judgment along similar lines. The case is R (AB & ors) v Secretary of State...

27th June 2022
BY Sonia Lenegan

Zambrano carers who already have permission to stay in the UK under the Immigration Rules cannot use the EU Settlement Scheme as a fast track to permanent residence, the Home Office has confirmed. The department announced today that it would not be changing the rules in this area, despite having...

13th June 2022
BY CJ McKinney

The Home Office is writing two special visa schemes for Ukrainians into the Immigration Rules and adding a third for people already here. Statement of changes HC 1220 codifies the existing Ukraine Family Scheme and Homes for Ukraine Scheme (described here) from today, 30 March 2022, and creates a new...

30th March 2022
BY CJ McKinney

As a result of the almost aggressively complex way our immigration system works, not just in law but procedure as well, Ukrainians applying under the Ukraine Family Scheme or Homes for Ukraine may appear to be granted less time in the UK than they were promised. Applicants to both schemes...

29th March 2022
BY Alex Piletska

On 9 July 2022, the first people granted permission to stay under the ten-year private and family life routes will start to qualify for indefinite leave to remain. Now, just in time for that anniversary, the Home Office has introduced what it describes as a “simplified” approach to such cases....

17th March 2022
BY Deborah Revill

The UK’s agreements on the post-Brexit rights of EU, EFTA and Swiss residents allow beneficiaries to sponsor their non-European family members to live with them in the UK. There are broadly two types of eligible family members: direct family members, such as spouses, civil partners, children and dependent parents, who...

8th November 2021
BY Chris Benn

Some young people born or brought up in the UK without immigration status can now apply for settlement after five years rather than ten. The change in policy comes in a new and very welcome Home Office concession, published yesterday. What follows is a short summary; for more detail, see...

26th October 2021
BY CJ McKinney

Many UK immigration categories impose a requirement that the visa holder must not be outside the UK for more than 180 days in any 12-month period — that is, if the person wants to apply for indefinite leave to remain. Joanna and Nath have explored the 180-day absence rule, and...

30th September 2021
BY Nichola Carter

In Velaj (EEA Regulations – interpretation; Reg 16(5); Zambrano) [2021] UKUT 235 (IAC) the Upper Tribunal looked at whether the Home Office accidentally liberalised the regulations on when the primary carer of a British child can be removed from the UK. The tribunal concluded that it did not. As a...

22nd September 2021
BY Iain Halliday
Login
Or become a member of Free Movement today
Verified by MonsterInsights