Guidance: Family life and exceptional circumstances: caseworker guidance

Uk Visas Immigration

May 21
12:43 2024

If you have made an application for leave to remain and you:

  • have not yet received a decision
  • consider you are in need of recourse to public funds
  • are eligible to apply for a change of conditions, or will be eligible if your application is granted

you need to complete a change of conditions application.

UK Visas and Immigration guidance on how staff decide applications or claims for leave to enter or remain on the basis of family life as a partner or parent or exceptional circumstances in compliance with Article 8 (right to family and private life of the European Convention on Human Rights (ECHR)).

Published 25 July 2019
Last updated 21 May 2024 +show all updates
  1. Guidance updated to provide links to new financial requirement guidance.

  2. Guidance updated to allow a person recognised as stateless to sponsor a partner and their children under Appendix FM; reflect the changes to the definition of a partner in paragraph 6.2 of the Immigration Rules.

  3. Guidance updated to remove sections relating to allowing access to public funds, which is now covered in separate guidance (Access to public funds family private life and Hong Kong BN(O) routes), and include a new section on how to assess access to public funds when making the initial decision.

  4. Guidance updated to remove sections relating to family settlement applications, which is now covered in separate Family and private life settlement guidance.

  5. PDF entitled 'Concession to the family Immigration Rules for granting longer periods of leave and early indefinite leave to remain' removed because it is no longer valid.

  6. Updated guidance includes a change to the definition of sponsors; changes to the two-stage approach to Family Life claims; changes to the approach when an applicant has a partner but applies as a parent; clarification that written evidence is required to disclose a document to the Home Office. Information on how to deal with private life considerations has been moved to separate guidance.

  7. Updated 'Concession for granting longer periods of leave and early indefinite leave to remain' guidance to clarify the qualification criteria for the concession.

  8. Updated Family life (as a partner or parent), private life and exceptional circumstances guidance.

  9. Added document: 'Concession for granting longer periods of leave and early indefinite leave to remain'.

  10. Recourse to public funds section updated.

  11. Updated PDF file.

  12. Updated 'Coronavirus (COVID-19) concessions' section of guidance.

  13. Updated information on EEA citizens in the UK with limited leave under Appendix EUSS and application of rules for Irish citizens.

  14. Updated family life exceptional circumstances.

  15. Updated guidance to reflect a change to the key dates.

  16. Added information for users with a pending application for leave to remain.

  17. Updated document to reflect family position on COVID-19.

  18. Changes to the appeals section.

  19. Updated guidance.

  20. Updated guidance.

  21. Updated guidance.

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