Finding your way around Appendix FM
Finding your way around Appendix FM

The following Immigration guidance note provides comprehensive and up to date legal information covering:

  • Finding your way around Appendix FM
  • The structure of Appendix FM—who is covered?
  • The structure of Appendix FM—navigating your way around the provisions
  • Appendix FM—step by step
  • Appendix FM-SE—specified evidence
  • Transitional provisions
  • Further guidance

From 9 July 2012, the Immigration Rules relating to applications for settlement from various family members of settled persons (partners, parents, children of those with limited leave as a partner or parent and dependant relatives) were radically reshaped. The relevant categories were previously found in Part 8 of the Immigration Rules. The new Rules were placed in two appendices: Appendix FM: family members, and its companion Appendix FM-SE: family members—specified evidence. However, transitional arrangements have preserved some provisions of the Immigration Rules, Part 8 in their entirety (eg children of settled parents) and preserved other provisions partially, or in relation to limited groups (most notably those in the UK who have already been granted leave to enter or remain under Part 8). The upshot is that since then, and for a limited time to come, we have had two sets of rules running in tandem (but with points of contact and cross over throughout).

The challenge to the adviser at the outset of any case is, therefore, to understand the relevant rules, and identify the evidence to be provided and the procedure to be followed. While the procedural side of making the application does not vary significantly between an application under the Immigration Rules, Part 8 or under the Immigration Rules, Appendix FM, the requirements and evidence are very different.

It is also