The following Immigration practice note Produced in partnership with Ed Mynott provides comprehensive and up to date legal information covering:
This Practice Note covers practical factors which will need to be considered when advising clients who may not meet all of the requirements of any category of the Immigration Rules—including those parts of Appendix FM and paragraph 276ADE which are intended to incorporate European Convention on Human Rights and Fundamental Freedoms, Article 8 (ECHR) considerations in all but exceptional circumstances.
From 10 August 2017, changes were made to Appendix FM to attempt to enable a broad, fact-sensitive proportionality assessment in Article 8 ECHR ‘exceptional circumstances’ cases to be made inside rather than outside the Rules in paragraphs GEN.3.1 and GEN.3.2, where an application is made (or otherwise considered) under that Appendix.
As such, this Practice Note now covers practical factors relating to the making of applications:
‘outside the Rules’, where Article 8 ECHR considerations are not relevant or being relied on
outside the Rules on Article 8 ECHR (exceptional circumstances) grounds, which are not being made under Appendix FM—this will include where a private life application is being made under the Immigration Rules, Part 7, para 276ADE, and
inside the Rules on Article 8 ECHR (exceptional circumstances) grounds, where an application is being made under Appendix FM
The Home Office may also grant leave outside the Rules where Article 8 considerations are not being relied on are where there are ‘particularly compelling circumstances’.
Prior to 9 July 2012,
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