All Articles: Appendix FM

Why can’t my children join me in the UK?

Earlier this week, the Guardian published the story of Amber Murrey, a US academic who got a job at Oxford as an associate geography professor, but whose two daughters, aged 4 and 9, were refused visas to join her in the UK. The story explains that Ms ...

4th October 2019 By

Exceptional circumstances in a spouse or partner visa application under Appendix FM

In recent posts we have looked at the requirements to be satisfied by a British or settled person who wishes to bring their spouse or partner into the UK under Appendix FM of the Immigration Rules. But what can be done if someone is unable to meet the ...

5th November 2018 By

How to apply for leave to remain as a bereaved partner

This post is about what happens to a migrant who is in the UK on a partner visa if their sponsor passes away. If their partner dies before the migrant becomes settled, the last thing on their mind will be their immigration status. However, as status a ...

11th October 2018 By

How to apply for leave to remain as a victim of domestic violence

Domestic violence is a serious infringement of someone’s rights. While most often perpetrated against women, it can affect men and women from any ethnic background and part of society. Migrants can be particularly vulnerable and unwilling to seek he ...

26th September 2018 By

Visas for children under Appendix FM of the Immigration Rules

In this post we are going to look at the requirements for children to obtain permission to enter and stay in the UK under Appendix FM. As we have seen in recent posts on the subject, Appendix FM (for “family members”) sets out the rul ...

25th September 2018 By

How to apply for a UK spouse or partner visa

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 th ...

20th August 2018 By

What are the financial requirements for UK spouse and partner visas?

One of the trickiest parts of applying for a UK visa as a spouse or partner are the financial requirements. Appendix FM of the Immigration Rules contains minimum financial requirements to be met in entry clearance or leave to remain applications. This ...

6th August 2018 By

How to apply for a visa as the parent of a child in the UK

The Immigration Rules permit parents living overseas, who have British or settled children living in the UK, to apply for a visa to come to live with them. In this post we will consider the requirements that a parent applying for a visa in this catego ...

25th June 2018 By

How the Home Office used the NHS to refuse my client a visa

In October 2011 the Home Office amended the Immigration Rules to allow immigration applications to be refused where the NHS had notified the Secretary of State of an outstanding debt of £1,000 or more. In early 2017, this figure was reduced to £500 ...

4th June 2018 By

Six lessons from my spouse visa application

Making an immigration application for clients is all in a day’s work, but working on your own wife’s visa is enough to reduce even an expert to tears, writes an anonymous Free Movement contributor. While courting my wife during a sabbatica ...

23rd February 2018 By

A familiar nemesis: the Court of Appeal on “insurmountable obstacles”

R (Mudibo) v Secretary of State for the Home Department [2017] EWCA Civ 1949 is yet another decision of the Court of Appeal grappling with the provisions of those familiar nemeses, section 117B and the “insurmountable obstacles” test in EX.1 of ...

6th December 2017 By

The immigration rules for adult dependant relatives: out with the old…

Since July 2012 the immigration rules for adult dependent relatives have been, in practice, almost impossible to meet. Applicants need to demonstrate that they require a level of long-term personal care that they are unable to get in their home countr ...

8th November 2017 By

Home Office: a stroke is not “exceptional circumstances”

An ex-soldier who struggles to walk, speak or perform basic household tasks following a stroke has been told that he must look after his children without their Philippine national mother because these do not constitute “exceptional circumstances ...

20th October 2017 By

Why is the Home Office separating a British man from his wife when she is still breastfeeding their daughter?

This week the story of Dan Newton and his family has hit the newspapers. This post explains why the Home Office has acted as it has. It is not a mistake. Since harsh new rules were introduced in 2012, UK immigration policy does not usually allow Briti ...

16th October 2017 By

Alternative options for EU partners: making an application under Appendix FM

Now that the election manifestos have been officially published we have an indication what Labour and Conservative have planned for EU nationals living in Britain. While the Labour manifesto confirmed a pledge to immediately guarantee existing rights ...

31st May 2017 By

Outcome of MM minimum income case in Court of Appeal

UPDATE: see report of Supreme Court judgment here. The judgment is now out in the long awaited case of MM v Secretary of State for the Home Department [2014] EWCA Civ 985, the test case challenging the minimum income threshold for spouses wishing to ...

11th July 2014 By

Anniversary of new immigration rules

Yesterday was the two year anniversary of the harsh new immigration rules introduced on 9 July 2012. Tomorrow comes the Court of Appeal decision in the challenge to the spouse minimum income threshold. The effects of these rules are really beginning t ...

10th July 2014 By

Financial year for Appendix FM

In Hameed (Appendix FM – financial year) [2014] UKUT 00266 (IAC) the Upper Tribunal has no hesitation in finding that it is the tax year that applies when calculating income, not a business’ own accounting year. No actual reasons are disc ...

18th June 2014 By

A case of tough love

In June 2012 human rights organisation Liberty issued a briefing on the proposed changes to the Immigration Rules on spouses and partners and introduction of a minimum income threshold. The old rule required that spouses and partners show they had &# ...

8th August 2012 By