Guidance

Family life and exceptional circumstances: caseworker guidance

Immigration staff guidance on considering claims based on family life (as a partner or parent) or exceptional circumstances.

Documents

Details

If you have made an application for leave to remain and you:

  • have not yet received a decision
  • consider you are in need of recourse to public funds
  • are eligible to apply for a change of conditions, or will be eligible if your application is granted

you need to complete a change of conditions application.

UK Visas and Immigration guidance on how staff decide applications or claims for leave to enter or remain on the basis of family life as a partner or parent or exceptional circumstances in compliance with Article 8 (right to family and private life of the European Convention on Human Rights (ECHR)).

Published 25 July 2019
Last updated 12 August 2022 + show all updates
  1. Guidance updated to remove sections relating to family settlement applications, which is now covered in separate Family and private life settlement guidance.

  2. PDF entitled 'Concession to the family Immigration Rules for granting longer periods of leave and early indefinite leave to remain' removed because it is no longer valid.

  3. Updated guidance includes a change to the definition of sponsors; changes to the two-stage approach to Family Life claims; changes to the approach when an applicant has a partner but applies as a parent; clarification that written evidence is required to disclose a document to the Home Office. Information on how to deal with private life considerations has been moved to separate guidance.

  4. Updated 'Concession for granting longer periods of leave and early indefinite leave to remain' guidance to clarify the qualification criteria for the concession.

  5. Updated Family life (as a partner or parent), private life and exceptional circumstances guidance.

  6. Added document: 'Concession for granting longer periods of leave and early indefinite leave to remain'.

  7. Recourse to public funds section updated.

  8. Updated PDF file.

  9. Updated 'Coronavirus (COVID-19) concessions' section of guidance.

  10. Updated information on EEA citizens in the UK with limited leave under Appendix EUSS and application of rules for Irish citizens.

  11. Updated family life exceptional circumstances.

  12. Updated guidance to reflect a change to the key dates.

  13. Added information for users with a pending application for leave to remain.

  14. Updated document to reflect family position on COVID-19.

  15. Changes to the appeals section.

  16. Updated guidance.

  17. Updated guidance.

  18. Updated guidance.

  19. Updated family life (as a partner or parent), private life and exceptional circumstances guidance.

  20. The words ‘(except where entry is being granted as a fiancé, fiancée or proposed civil partner)’ have been deleted from the end of the first paragraph in "Decision to grant entry clearance or leave to remain as a partner on a 5 or 10-year route".

  21. Updated version of the guidance document published.

  22. Updated document.

  23. First published.