Appendix FM guides

A collection of posts explaining Appendix FM, which contains the rules on non-EU family migration

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Briefing: to Zambrano or not to Zambrano?

The important case of Akinsanya, which we introduced in these articles, has opened the door for many non-European primary carers of British citizens to now apply for residence rights under the EU Settlement Scheme. There are many advantages to doing s ...

22nd June 2021 By

Latest on Zambrano carers and the EU Settlement Scheme

On 9 June, in the case of Akinsanya, the High Court found that the definition of Zambrano carers in the rules for the EU Settlement Scheme was wrong, insofar as it prevented those with permission to remain under another part of the Immigration Rules f ...

21st June 2021 By

Getting permission to remain in the UK as an adult dependent relative: not likely

Since the introduction of highly restrictive rules for adult dependent relatives there have been numerous stories, all desperately sad, of parents trying and failing to join or remain with their children in the UK. Mobeen v Secretary of State for the ...

16th June 2021 By

High Court finds the EU Settlement Scheme rules for Zambrano carers unlawful

In a welcome judgment handed down yesterday, R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found in no uncertain terms that Zambrano carers do not lose their EU law right to reside just because ...

10th June 2021 By

Sponsor changing job is not a reason to refuse a spouse visa

If you meet the financial requirements of Appendix FM at the date of application but your sponsor then leaves their job, do you still qualify for a spouse visa? Yes, the Upper Tribunal found in Begum (employment income; Rules/Article 8) [2021] UKUT 11 ...

20th May 2021 By

Windrush family priced out of UK win human rights challenge

In this edition of “have I got immigration news for you”, we look at the case of Mahabir v Secretary of State for the Home Department [2021] EWHC 1177 (Admin), in which the High Court found that the Home Office had caused a “colossal interferenc ...

11th May 2021 By