A valid application is not required where an Article 8 claim is raised:
as part of an asylum claim, or as part of a further submission in person after an asylum claim has been refused; or
where a migrant is in immigration detention; or
where removal directions have been set pending an imminent removal; or
in an appeal; or
in response to a (one-stop) notice issued under section 120 of the Nationality, Immigration and Asylum Act 2002.
Where, under paragraph GEN.1.9, Article 8 is being considered in any of the circumstances specified above, the applicant is only eligible for consideration under the 10-year partner or parent route. If the applicant wishes to be considered under the 5-year partner or parent route, they have to submit a valid application.
