Making an outside the Rules or exceptional circumstances application
Produced in partnership with Ed Mynott of Edward Mynott Tribunal Advocate
Making an outside the Rules or exceptional circumstances application

The following Immigration guidance note Produced in partnership with Ed Mynott of Edward Mynott Tribunal Advocate provides comprehensive and up to date legal information covering:

  • Making an outside the Rules or exceptional circumstances application
  • Assessing an applicant’s circumstances
  • Leaving the UK to apply from overseas
  • Types of application
  • Remedies
  • Grants of leave
  • Advising the client—some key points

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 new 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:

  1. ‘outside the Rules’, where Article 8 ECHR considerations are not relevant or being relied on

  2. 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

  3. inside the Rules on Article 8 ECHR (exceptional circumstances) grounds, where an application is being made under Appendix FM

The main circumstances where the Home Office may grant leave outside the Rules where Article 8 considerations are not being relied on are:

  1. where the applicant