New Home Office guidance on deciding partner/parent visa applications in wake of MM (Lebanon) and Others

Guidance on family life (partner or parent) 5-year routes published following July Statement of Changes
New Home Office guidance on deciding partner/parent visa applications in wake of MM (Lebanon) and Others

Following the February Supreme Court judgment in MM (Lebanon) and Others on the minimum income requirement for partner visas and the subsequent Statement of Changes in the Immigration Rules released last month to give effect to the judgment, the Home Office has today published updated guidance.

The guidance (Appendix FM Section 1.0a – Family Life (as a Partner or Parent): 5-Year Routes) runs to 104 pages.

Also new today is updated guidance on the financial requirement (Appendix FM Section 1.7) (to be read in conjuction with the guidance on Appendix FM Section 1.0a).

The Joint Council for the Welfare of Immigrants (JCWI) criticised July's Statement of Changes in the Immigration Rules, saying the changes it announced were "inadequate" and did not properly implement the recommendations in MM (Lebanon) and Others.

JCWI said in July that much would depend on the wording of the new Home Office guidance.

Today's new guidance must be used by Home Office decision makers for all decisions made on or after 10 August 2017 considering whether to grant leave on a 5-year route to settlement following a valid application for entry clearance (or leave to enter) or leave to remain on the basis of family life as a partner or parent in accordance with paragraphs 277-280, 289AA and 295AA of Part 8 or Appendix FM of the Immigration Rules.

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