This blog post looks at old changes announced within immigration law. Take a look at our blog to read some more recent updates.
From the 9th July 2012, the family migration routes have been completely overhauled.
The new rules are contained in a new Appendix to the immigration rules and cover the new categories.
The general overriding changes are discussed below:
The new family migration rules commence with a Section marked “Gen” standing for general.
Paragraph GEN.1.2. sets out the definitions of ‘partner’ under the rules, and these are limited to a spouse, a civil partner; a fiancé(e) or proposed civil partner; or a person who has been living with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application
This last category is essentially an unmarried partner.
Paragraph GEN.1.3. sets out a number of assumptions, which are relatively straightforward. Variations of leave are included in the definition an application. At all times, any sponsor who is returning to the UK with the migrant will be treated as being present in the UK. The same applies to British Citizens children coming to the UK with their parents.
Paragraph GEN.1.4. confirms that you must have the evidence required in appendix FM-SE to succeed in an application, similar to PBS applications.
Paragraph GEN.1.5. fairly obviously confirms that if the UKBA feels that a document provided is not genuine or is of doubtful genuineness, they will not take it into account.
Paragraph GEN.1.6. confirms that the excepted nationals from an English test are:
(a) Antigua and Barbuda;
(c) the Bahamas;
(k) New Zealand;
(l) St Kitts and Nevis;
(m) St Lucia;
(n) St Vincent and the Grenadines;
(0) Trinidad and Tobago;
(p) United States of America.
Paragraph GEN.1.9. confirms that although normally an Article 8 claim has to be made as part of a valid application, this requirement will not apply when the Article 8 claim is made as part of an asylum of fresh asylum claim; when the applicant is detained, when removal is imminent; or as part of a one stop appeal notice.
Next Entry: Family Life as a Partner
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