Implementation of Article 8 ECHR Exceptional Circumstances and Alternative Income Framework (HC 290)

Policy effect

Restructured Appendix FM and Appendix FM-SE of the Immigration Rules in response to the Supreme Court judgment in MM (Lebanon) & Ors v SSHD [2017] UKSC 10, requiring consideration of children's best interests under section 55 of the Borders, Citizenship and Immigration Act 2009 and permitting alternative credible third-party funding or prospective earnings when minimum income requirements are not met and refusal would result in unjustifiably harsh consequences under Article 8 ECHR.

Conditions and exceptions

Validated condition or limit: Restructured Appendix FM and Appendix FM-SE of the Immigration Rules in response to the Supreme Court judgment in MM (Lebanon) & Ors v SSHD [2017] UKSC 10, requiring consideration of children's best interests under section 55 of the Borders, Citizenship and Immigration Act 2009 and permitting alternative credible third-party funding or prospective earnings when minimum income requirements are not met and refusal would result in unjustifiably harsh consequences under Article 8 ECHR.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

The changes set out in this statement shall take effect from 10 August 2017 and will apply to all decisions made on or after that date. … the decision-maker must consider whether such financial requirement is met through taking into account the sources of income, financial support or funds set out in paragraph 21A(2) of Appendix FM-SE (subject to the considerations in sub-paragraphs (3) to (8) of that paragraph). … In considering an application for entry clearance or leave to enter or remain where paragraph GEN.3.1. or GEN.3.2. applies, the decision-maker must take into account, as a primary consideration, the best interests of any relevant child. … These changes mean that the Immigration Rules now provide a complete framework for the Secretary of State’s consideration on Article 8 grounds of applications under Appendix FM by a partner, child, parent or adult dependent relative … it is evident from the information provided by the applicant that there are exceptional circumstances which could render refusal of entry clearance or leave to remain a breach of Article 8 of the European Convention on Human Rights, because such refusal could result in unjustifiably harsh consequences for the applicant, their partner or a relevant child … This paragraph does not apply in the context of applications made under section BPILR or DVILR.

Review method

Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification

Other United Kingdom changes operative in 2017

• 2017-02-01Commencement of the Immigration (European Economic Area) Regulations 2016
• 2017-03-15The Transfer for Determination of an Application for International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017
• 2017-04-06Immigration health charge exemption extended to Appendix V visitor leave to remain
• 2017-04-06Immigration health charge exemption extended to modern slavery victims
• 2017-04-06Introduction of the Immigration Skills Charge
• 2017-04-06The Immigration and Nationality (Fees) Regulations 2017
• 2017-04-06Tier 2 Intra-company Transfer immigration health charge exemption removed