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New Family Migration Rules – Transitional Arrangements

The New Family Migration rules were introduced on the 9th July 2012. However not all family rules are affected by the new rules.

Paragraph A277 creates the general rule that after 9th July, the new rules will apply to all applications made after that date subject to certain exceptions.

Paragraph A279 provides the exception to this, which is that the requirements of sections “S-EC: Suitability – entry clearance” and “S-LTR: apply regardless of the date of application. These sections try to limit the types of persons who can apply.

Paragraph A280 explains which family applications are left alone, or changed or replaced.

Paragraph A280 confirms that the following paragraphs continue unchanged:

277-280
289AA
295AA
296

Paragraph A280 (b) confirms that the certain paragraphs continue after 9th July 2012., they continue unchanged unless an additional requirement appears:

“Paragraph number Additional requirement
295J None
297- 300 None
304-309 None
309-316F Where the applicant:

 

  • falls under paragraph 314(i)(a); or
  • falls under paragraph 316A(i)(d) or (e); and
  • is applying on or after 9 July 2012

the application must also meet the requirements of paragraphs E-ECC 2.1-2.3 (entry clearance applications) or E-LTRC 2.1-2.3 (leave to remain applications) of Appendix FM.

  Where the applicant:

 

  • falls under paragraph 314(i)(d);
  • is applying on or after 9 July 2012; and
  • has two parents or prospective parents and one of the applicant’s parents or prospective parents does not have right of abode, indefinite leave to enter or remain, is not present and settled in the UK or being admitted for settlement on the same occasion as the applicant is seeking admission

the application must also meet the requirements of paragraphs E-ECC 2.1-2.3 (entry clearance applications) or E-LTRC 2.1-2.3 (leave to remain applications) of Appendix FM.

319X None”

(c) Part C of paragraph A280 allows that persons who have had a partner visa before 9th July 2012 have the right to apply on the basis of the old rules when they apply for further follow on leave, even if they applied before and have not had a result yet.

(b) above:

(i) by persons who have made an application before 9 July 2012 under Part 8 which was not decided as at 9 July 2012; and

(ii) by persons who have been granted entry clearance or limited leave to enter or remain under Part 8 before 9 July 2012:

281-289
289A-289C
290-295
295A-295O
297-316F
317-319
319L-319U
319V-319Y

Paragraph A280 (d) lists the part 8 categories that continue to apply to applications made on or after 9 July 2012, and are not subject to any additional requirement listed in (b) above, by persons who have made an application for entry clearance, leave to enter or remain as the fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner, same sex partner, or child or other dependant relative of a British citizen or settled person who is a full-time member of HM Forces:

281-289
289A-289C
290-295
295A-295O
297-316F
317-319

(e)The following provisions of Part 8 shall continue to apply to applications made on or after 9 July 2012, and are not subject to any additional requirement listed in (b) above, by a spouse, civil partner, unmarried partner or same sex partner who was admitted to the UK before 9 July 2012 further to paragraph 282(c) or 295B(c) of these Rules who has not yet applied for indefinite leave to remain:

284-286
287(a)(i)(c)
287(a)(ii)-(vii)
287(b)
288-289
289A-289C
295D-295F
295G(i)(c)
295G(ii)-(vii)
295H-295I

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