Home Office caseworker guidance on family life and exceptional circumstances was updated on 5 November 2026: people in the Family Returns Process no longer need to make a valid Appendix FM application.
Key facts
- Who: People in the Family Returns Process, and caseworkers deciding family life and exceptional circumstances cases
- From: Guidance updated 5 November 2026 (the source does not state the date the Immigration Rules change took effect)
- Source: Family life and exceptional circumstances: caseworker guidance
UK Visas and Immigration has updated its caseworker guidance on family life (as a partner or parent) and exceptional circumstances. The page is dated 5 November 2026 and the document is now version 30.0. The guidance records that version 30.0 was published for Home Office staff on 8 October 2026.
The change note says the guidance has been "updated to reflect changes to the Immigration Rules to remove the requirement to make a valid application under Appendix FM for those in the Family Returns Process". The source does not give the Statement of Changes number or the date the Rules change took effect.
The guidance covers decisions under Appendix FM, including exceptional circumstances under GEN.3.1. to GEN.3.3., and under paragraphs 277 to 280, 289AA and 295AA of Part 8 (family transition cases). It sets out two routes to settlement on family life grounds:
- a 5-year route, for people who meet all the suitability and eligibility requirements at every stage
- a 10-year route, for people who meet the suitability requirements and certain eligibility requirements where EX.1. applies, or who have exceptional circumstances
Caseworkers first consider whether the general, suitability and eligibility requirements are met, without considering exceptional circumstances. If they are not, caseworkers then decide under GEN.3.1. to GEN.3.3. whether refusal would breach Article 8 of the European Convention on Human Rights because of unjustifiably harsh consequences.
The contents list includes a section headed "Decisions in cases where a valid application is not required". The source text available does not reproduce that section.
What this means for applicants
People in the Family Returns Process do not need to make a valid Appendix FM application for their family life to be considered under this guidance. The Immigration Rules requirement has been removed, and caseworkers now work from the updated guidance.
The source does not say how such cases are started or decided in practice. Anyone in the process should check the full guidance and the Immigration Rules. For the wider framework, see the guide to exceptional circumstances and UK family visas.
