Appendix FM guides

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

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The 180-day absence rule doesn’t apply to people with a spouse or partner visa

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 explor ...

30th September 2021 By

Did the Home Office inadvertently strengthen the rights of Zambrano carers in 2018?

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 ...

22nd September 2021 By

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