Immigration Rules 2017 Appendix FM Applications

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Application lodged under Appendix FM which fall for refusal and where the reason for refusal would include the applicant’s to meet the minimum income threshold for partners and dependent children and/or the associated evidential requirements under Appendix FM-SE will be put on hold. It is unclear for how long will the cases be paused but there may soon be some changes to the Immigration Rules coming in.

The reason for this pause is to enable Home Office to consider the implications of a judgment handed down by Supreme Court on 22 February 2017 in MM (Lebanon) & others v SSHD [2017] UKSC 10.

This route is for those seeking to enter or remain in the UK on the basis of their family life with a person who is a British Citizen, is settled in the UK, or is in the UK with limited leave as a refugee or person granted humanitarian protection (and the applicant cannot seek leave to enter or remain in the UK as their family member under Part 11 of these rules). It sets out the requirements to be met and, in considering applications under this route, it reflects how, under Article 8 of the Human Rights Convention, the balance will be struck between the right to respect for private and family life and the legitimate aims of protecting national security, public safety and the economic well-being of the UK; the prevention of disorder and crime; the protection of health or morals; and the protection of the rights and freedoms of others (and in doing so also reflects the relevant public interest considerations as set out in Part 5A of the Nationality, Immigration and Asylum Act 2002). It also takes into account the need to safeguard and promote the welfare of children in the UK , in line with the Secretary of State’s duty under section 55 of the Borders, Citizenship and Immigration Act 2009.

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