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Changes to family migration and visit rules announced

New changes to the Immigration Rules, announced on Friday 17th March, will affect personal immigration and in particular those applying for the Family Route (Appendix FM of the Immigration Rules).

Personal Immigration and the Family Route

The main changes being introduced by Statement of changes to the Immigration Rules: HC1078 are as follows:

  1. Any individuals who wish to enter the UK as a fiancé(e) or proposed civil partner in order to marry or form a civil partnership must be free to marry or form a civil partnership at the date of application. Therefore, those who are yet to finalise a divorce will not be eligible;
  2. Any sponsor receiving the Police Injury Pension as well as the Armed Forces equivalents will be exempt from the requirement to meet the minimum income threshold;
  3. Children granted limited leave to remain will be subject to the same condition as their parents concerning recourse to public funds;
  4. A person who is an employee of a specified limited company will need to meet the evidential requirements in respect of income;
  5. Payment for travel time such as for workers travelling between appointments will be accepted as employment income;
    Marriages in the UK must be recognised under marriage law in the relevant part of the UK;
  6. If an individual with leave under the restricted leave policy makes an application made through the Family Route for leave to remain, it must be refused.

The Visitor Rules

The visitor rules are being clarified to underline the fact that visit visa applications can be made from anywhere in the world designated by the Home Secretary to accept such applications.

In addition, the list of Permit Free Festivals, designated events which are considered to contribute to the cultural heritage of the UK and at which performers can be paid for their participation as visitors, has been updated.

Contact Our Immigration Barristers

For expert advice in relation to an application under Appendix FM to the Immigration Rules, contact our family migration immigration barristers on 0203 617 9173 or via our online enquiry form.


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