Statement of Changes in Immigration Rules, HC 290—analysis
Statement of Changes in Immigration Rules, HC 290—analysis

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

  • Statement of Changes in Immigration Rules, HC 290—analysis
  • Update: New Home Office guidance issued on 10 August 2017
  • Implementation
  • Article 8 and Appendix FM: the ‘Exceptional circumstances’ provisions
  • Duration and conditions of leave
  • Exceptional circumstances: all cases: best interests of the child
  • Exceptional circumstances (1): financial requirement
  • Guarantee of sustainable financial support from a third party
  • Prospective earnings from sustainable employment or self-employment of the applicant or their partner
  • Any other credible and reliable source of income or funds for the applicant or their partner
  • More...

This analysis covers the main changes to the Immigration Rules (the Rules) set out in HC 290.

HC 290 was issued on 20 July 2017, along with an Explanatory Memorandum (EM).

On 22 February 2017, the Supreme Court handed down its decision in R (MM (Lebanon)) v SSHD. This decision upheld the lawfulness of the ‘minimum income threshold’ for partner and children applications made under Appendix FM of the Immigration Rules, but found that the Immigration Rules and related Home Office guidance failed to take proper account of the Secretary of State for the Home Department’s (SSHD) duty under section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of children. The court also held that the guidance for Home Office decision-makers in relation to alternative sources of funding should be revised to ensure that decisions were consistent with their duties under the Human Rights Act 1998 (specifically in relation to Article 8 of the European Convention on Human Rights (ECHR)). See News Analysis: Do you earn enough?—Article 8, section 55 and the minimum income requirement (R (on the application of MM (Lebanon)) v Secretary of State for the Home Department and other cases).

Since that date, pending applications to which that judgment might apply, ie partner and child applications under Appendix FM which would

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