Appendix FM: the suitability requirements and the general grounds for refusal

Produced in partnership with Jo Renshaw of Turpin Miller
Practice notes

Appendix FM: the suitability requirements and the general grounds for refusal

Produced in partnership with Jo Renshaw of Turpin Miller

Practice notes
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The suitability Requirements in Appendix FM mirror, to a certain extent, the grounds for refusal which are set out in the Immigration Rules, Part 9. For details of these grounds, see: Grounds for refusal and re-entry bans—overview. The Immigration Rules, Part 9, para 9.1.1(a) confirms that the Part 9 grounds for refusing applications for entry clearance or leave to remain do not apply to applications made under the Immigration Rules, Appendix FM, save for: Immigration Rules, Part 9, para 9.8.2, which applies only to entry clearance applications (previously contrived in a significant way to frustrate the intention of the rules or aggravating circumstances). There are also a number of Part 9 grounds which will apply to refusal of leave to enter at port, and in relation to cancellation of existing leave, for persons who have leave under Appendix FM.

In many cases, the Home Office guidance which covers the relevant aspect is the same for both Part 9 and Appendix FM suitability grounds, and it is anticipated that all

Jo Renshaw
Jo Renshaw

Jo has practised exclusively in Immigration law since qualification in 1993. She is qualified to practice in both Australia and the United Kingdom and has worked as an immigration solicitor for many years in both jurisdictions.

She joined Turpin and Miller Solicitors in 2005, becoming a Partner in 2008. She has been head of the firm's large Immigration Team since 2007. She has worked as a Peer Reviewer in the Immigration category and is one of only a small number of Immigration practitioners accredited by the Law Society at Advanced Level.

Jo's practice is broad based and covers all aspects of immigration and asylum law. She is a member of the firm's specialist Skilled Migration Team and has a particular interest in Points Based matters. Throughout her career she has also had a keen interest in Asylum work, heading the Refugee Advice Service at a national level in Australia prior to returning to the UK. She has maintained this expertise at Turpin and Miller, acts as external legal advisor to an asylum charity based in Southampton and gives training on all aspects of asylum law to charities, social services departments and other voluntary bodies.

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Jurisdiction(s):
United Kingdom
Key definition:
Appendix FM definition
What does Appendix FM mean?

An appendix within the rules'>Immigration Rules providing a route for applications based on family life, made on or after 9 July 2012. The provision caters for applications made as a partner, bereaved partner, victim of domestic abuse, child, parent, adult dependant relatives and those with exceptional circumstances.

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