Changes relating to Family and Private Life - ICS Legal Blog

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Changes relating to Family and Private Life

Changes relating to Family and Private Life

The following changes and clarifications are being made to the Immigration Rules relating to family and private life:

  1. Include in the transitional provisions in paragraphs A277B and A227C of Part 8 of the Immigration Rules access to the provisions of the child rules under Appendix FM.
  2. Confirm that a letter confirming the issuing of a Certificate of Eligibility to adopt is required when an entry clearance application involves an intercountry adoption subject to section 83 of the Adoption and Children Act 2002 or the equivalent legislation in Scotland or Northern Ireland.
  3. Clarify when those who have made false representations or failed to disclose any material fact in a previous application will normally be refused on grounds of suitability.
  4. Reduce the level of NHS debt from £1000 to £500 as a discretionary basis for refusal on grounds of suitability.
  5. Introduce from 1 May 2017 a new English language requirement at level A2 of the Common European Framework of Reference for Languages for applicants for further leave in the UK as a partner or parent, after completing 30 months here on a 5-year route to settlement under Appendix FM.
  6. Clarify that a child is only eligible to apply for entry clearance or leave to enter or remain in the UK under Appendix FM when their parent is applying for or has leave under Appendix FM, and that, where applicable, the minimum income threshold has to be met in respect of all relevant dependent children.

Clarify the specified evidence required in respect of the minimum income threshold:

  1. to reflect the gross business profit which can be counted towards the requirement, and to demonstrate ongoing self-employment.
  2. for a self-employed sponsor overseas who is transferring that self-employment to the UK.
  3. to include a police disability pension as a source of income.
  4. to calculate the gross level of annual income of a person in non-salaried employment.