Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Appendix FM definition

What does Appendix FM mean? Appendix FM is the part of the UK immigration rules used in practice for family-route applications: entry clearance, further leave and settlement based on family life. Introduced on 9 July 2012 (and regularly amended), it sets eligibility and suitability criteria for applications as a partner (spouse, civil or unmarried partner, fiance(e)/proposed civil partner), parent, child, bereaved partner, victim of domestic abuse and adult dependent relative. Core features include the financial requirement (minimum income or savings), adequate accommodation, English language, and specified evidence cross-referenced in Appendix FM-SE. It provides five-year and ten-year routes to settlement and contains exceptions and...

Exceptional circumstances under Appendix FM para GEN.3: financial flexibilities, residual Article 8, child’s best interests and suitability bars (UK Immigration Rules)

Published by a LexisNexis Immigration expert

Practice notes

‘Exceptional circumstances’

This Practice Note examines the ‘Exceptional circumstances’ provisions in para GEN.3.1–3.3 of the Immigration Rules, Appendix FM, engaged where a partner, child or parent seeking to apply under Appendix FM fails to satisfy every element of the five-year route. They can also be relevant when an application for Leave to remain made in a different category is assessed by reference to Appendix FM. In contrast to para EX.1, which is confined to applications for leave to remain, the ‘Exceptional circumstances’ provisions extend to all applications for entry clearance as well as leave to remain. On 22 February 2017, the Supreme Court delivered its judgment in R (MM (Lebanon)) v Secretary of State for the Home Department (SSHD). That ruling confirmed the lawfulness of the ‘minimum income threshold’ for partner and children applications under Appendix FM of the Immigration Rules, yet concluded that the Immigration Rules and associated Home Office guidance did not sufficiently reflect the Secretary of State for the Home Department’s (SSHD) obligation under section 55 of the Borders, Citizenship and Immigration Act 2009 (BCIA 2009) to have regard to the need to safeguard and promote children’s welfare...

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Web page updated on 21/05/2026

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