Who should apply?
As specialist Immigration and Human Rights Solicitors, we can help you to apply and succeed in any immigration application under Appendix FM.
What is Appendix FM?
The Immigration Rules contain the framework for immigration applications and claims engaging Article 8 of the ECHR (the right to respect for private and family life). Appendix FM of the Immigration Rules provides routes to entry clearance based on family life.
What are Appendix FM applications for?
Appendix FM applications are for individuals who are Non-European Nationals, and who are seeking to enter or remain in the UK on the basis of their family life with a person who is either a British Citizen, is settled in the UK or has refugee status or humanitarian protection.
Individuals can apply to enter or remain in the UK under Appendix FM if they are a:
• Partner (spouse, civil partner or unmarried partner)
• Victim of domestic violence
• A child of a person with limited leave
• A parent
• Or an adult dependent relative
Appendix FM applications have many requirements, including financial requirements and English language requirements, although there are also provisions for exceptional circumstances. For applications based on family life under Appendix FM, under Section Ex.1, if there are “insurmountable obstacles” to family life with the applicant’s partner in the UK continuing outside the UK, some of the requirements may be waived.
For applications specifically based on family life with a child, Section Ex.1 states that if the child is a British Citizen or has lived in the UK continuously for at least the 7 years immediately before the date of application, the requirements of Appendix FM may be waived if, considering their best interests as a primary consideration, it would not be reasonable to expect the child to leave the UK.
“Insurmountable obstacles” means the very significant difficulties which would be faced by the applicant or their partner in continuing their family life together outside the UK and which could not be overcome or would entail very serious hardship for the applicant or their partner.
Appendix FM also provides for an exception to the financial requirements if there are “exceptional circumstances” which could render refusal of entry clearance or leave to remain a breach of Article 8 of the European Convention on Human Rights (private and family life), because such refusal could result in unjustifiably harsh consequences for the applicant, their partner or a relevant child.
Unjustifiably harsh consequences are a very high threshold, meaning leading to consequences that are not just bleak, but exceptionally bleak.
Click here for more information about Human Rights.
How can we help?
Immigration applications under Appendix FM can be complex, as they require a substantial amount of supporting evidence. Danielle Cohen’s years of work as a UK Immigration lawyer have afforded her extensive experience in handling these types of applications which means she will make the process as straightforward as possible.
Please don’t hesitate to contact our expert team of immigration solicitors.
Examples of how we have helped people like you:
- Family’s Love Wins
- Retention of rights by non-EA nationals
- GOOD NEWS: Izuazu (Article 8 – new rules) Nigeria  UKUT 00045 (IAC)
- The impact of the new minimum income requirement of £18,600 for British Nationals and Permanent Residents who want to bring non-EEA spouses or partners to the UK
Related Appendix FM News
- Danielle Shortlisted for The Law Society’s Human Rights Lawyer of the Year Award 2018(8/30/2018)
- Weekly Immigration News Digest 7th – 20th July 2018(7/20/2018)
- Homosexuality in Bangladesh(7/10/2018)
- Weekly Immigration News Digest 30th June – 6th July 2018(7/6/2018)
- Weekly Immigration News Digest 23rd – 29th June 2018(6/29/2018)