Version 29.0 of the Home Office caseworker guidance on family life and exceptional circumstances was published for staff on 5 August 2026. It sets out how Appendix FM and Appendix Private Life applications are considered.
Key facts
- Who: Applicants and sponsors under Appendix FM, and decision makers applying the family life and exceptional circumstances guidance
- From: Version 29.0 published for Home Office staff on 5 August 2026
- Source: Family life and exceptional circumstances: caseworker guidance
Version 29.0 of "Family life (as a partner or parent) and exceptional circumstances" was published for Home Office staff on 5 August 2026. The GOV.UK page shows an update date of 6 August 2026.
The guidance must be used for all decisions under paragraphs 277 to 280, 289AA and 295AA of Part 8 (family transition cases), and under Appendix FM, including exceptional circumstances under GEN.3.1. to GEN.3.3. It does not cover children joining a relative with protection status under Appendix Child Relative (Sponsors with Protection).
Section 1.3 lists two changes from the last version. One reflects changes to the Immigration Rules so that the period of leave granted to a partner is aligned where the sponsor holds 30 months protection leave, granted after an asylum application made on or after 2 March 2026. The other corrects minor grammatical errors and broken links.
Section 4.2 sets out the approach to applications. Each person must receive consideration of their family and individual circumstances, taking account of all matters raised on a case-by-case basis. Decision makers work through these steps:
- First, they consider whether the applicant meets the general, suitability and eligibility requirements, without considering exceptional circumstances. Where they are met, leave should be granted on the 5-year route.
- If they are not met, decision makers must consider under GEN.3.1. to GEN.3.3. whether refusal could or would breach Article 8 of the European Convention on Human Rights (ECHR) because it would result in unjustifiably harsh consequences. If there are such exceptional circumstances and other relevant requirements are met, leave to remain should be granted on the 10-year route to settlement, except where a dependent child qualifies for a grant under the private life provisions.
- If not, the application should be refused.
An applicant for leave to remain as a partner or parent who has no qualifying sponsor cannot meet the eligibility requirements of the Partner or Parent route. They should first be considered under Appendix Private Life, where it is possible for them to meet its eligibility requirements.
Section 4.2 also lists the qualifying sponsors for a partner. A qualifying sponsor must be over 18 and be a British citizen in the UK, present and settled in the UK, in the UK with protection status, in the UK with limited leave under Appendix EU or Appendix ECAA Extension of Stay, or in the UK with permission as a Stateless person.
What this means for applicants
A partner or parent without a qualifying sponsor is considered under Appendix Private Life first. An applicant who does not meet the Appendix FM requirements is considered for exceptional circumstances under GEN.3.1. to GEN.3.3. If there are such circumstances and the other relevant requirements are met, leave should be granted on the 10-year route, except where a dependent child qualifies for a grant under the private life provisions. If not, the application should be refused.
Related guide: Exceptional circumstances UK family visa
Sources