Article 8 based claims – Home office letter – Friday, 28/03/2014

Dear colleague,

From 09.07.12 a provision was made for Article 8 based claims (family or private life) to be brought under the rules – Appendix FM for family based claims and Paragraph 276ADE for private life claims.
They are intended to set out the requirements to be met and, in considering applications under this route, they reflect how, under Article 8 of the Human Rights Convention, the balance will be struck between the right to respect for private and family life and the legitimate aims of protecting national security, public safety and the economic well-being of the UK; the prevention of disorder and crime; the protection of health or morals; and the protection of the rights and freedoms of others. It also takes into account the need to safeguard and promote the welfare of children in the UK.
Susbsequently an application on the basis of Article 8 can no longer be considered outside the rules and on 1st December 2013 a new application form FLR FP was introduced for Article 8 family/private life applications – please find link below:
FLR__FP_Form applic. 2013
https://www.gov.uk/government/publications/application-to-extend-stay-in-the-uk-form-flrfp

From 22nd December 2013 any application submitted on an FLR O, where it is clear that there is a family /private life basis, will potentially be invalid however before rejecting these applications customers will be given an opportunity to complete the appropriate form before we proceed to reject. Please note there will only be 7 days to return the form.
The FLR O application form is only appropriate for applications where there is no provision within the rules to consider the basis of the application. If an application includes consideration of family /private life there is now a provision within the rules and the appropriate form FRL FP must be used. Any FLR FP application that does not lead to a grant of leave under the rules will then have any other circumstances considered outside the rules on an exceptional basis.

UK Visas & Immigration Home Office