Consideration of the right to respect for family and/or private life - ICS Legal Blog

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Consideration of the right to respect for family and/or private life

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.