Appendix FM Changes from 3 August 2026: What Families Need to Know
The Home Office has introduced several amendments to Appendix FM of the Immigration Rules. The changes were contained in Statement of Changes HC 259, published on 9 July 2026, and came into force on 3 August 2026.
Appendix FM governs many applications made by the partners, parents and children of British citizens, settled persons, people with protection status and certain other individuals living in the UK.
The latest amendments are relatively targeted. They do not represent a general overhaul of the family migration system, but they may have important consequences for families involving a protection sponsor, applicants on immigration bail and children applying under Appendix FM.
Permission for partners of people with protection status
The first change concerns a partner whose sponsor has been granted 30 months’ permission on the basis of protection status.
Partners granted entry clearance under Appendix FM would ordinarily receive permission for up to 33 months. A partner applying from within the UK would usually receive permission for up to 30 months.
Since 2 March 2026, however, protection status has been granted in periods of 30 months. This created the possibility that a partner’s immigration permission could continue beyond the expiry of the protection sponsor’s own permission.
To address this, the amended Rules provide that where the sponsor has been granted 30 months’ permission on the basis of protection status, the partner’s permission will expire on the same date as the sponsor’s permission.
This applies to partner applications granted under both the five-year and ten-year family routes, including grants made on the basis of exceptional circumstances.
What does this mean in practice?
A partner may now receive considerably less than the usual 30 or 33 months’ permission if the protection sponsor is already some way through their existing grant when the partner’s application is decided.
For example, if the sponsor has only 18 months remaining on their permission, the partner may also receive permission ending on that date, rather than a fresh period of 30 or 33 months.
This makes the timing of an application particularly important. Families should also monitor the expiry dates of both the sponsor’s and the partner’s permission and plan any extension applications carefully.
The change is specific to sponsors granted 30 months’ permission on the basis of protection status. It does not generally alter the period of permission granted to the partners of British citizens, settled persons or sponsors holding limited permission under the EU Settlement Scheme.
Applicants who are on immigration bail
The second change concerns applicants who are in the UK on immigration bail.
Previously, the wording of Appendix FM could prevent an applicant on immigration bail from qualifying under the partner route unless:
the applicant had arrived in the UK more than six months before the application; and
paragraph EX.1 applied to their circumstances.
Paragraph EX.1 covers certain cases involving a qualifying relationship with a partner or child where removal from the UK would have particularly serious consequences.
The amended Rules introduce an additional exception. An applicant on immigration bail may now also be considered where the “Exceptions for overstayers” provisions in Part Suitability apply.
The Home Office describes the purpose of this change as ensuring that a person who qualifies under the exception for overstayers in paragraph SUI 13.1 is not refused solely because they are on immigration bail. Their application can instead be considered on its individual merits.
This does not guarantee that an application will succeed
The amendment does not mean that everyone on immigration bail can qualify under Appendix FM. The applicant must still establish that the relevant exception applies and must satisfy the other applicable relationship, suitability, financial, English-language and immigration requirements, unless a particular requirement is displaced by another provision of the Rules.
Immigration bail may arise in a range of circumstances, including after an asylum claim, detention or enforcement action. Applicants should therefore obtain advice before making an application, as the correct route and legal basis will depend on their complete immigration history.
A poorly prepared application may fail to address previous overstaying, the terms of immigration bail, an outstanding protection claim or other suitability matters.
New care and accommodation requirement for children
The third change introduces an express care requirement for children applying under Appendix FM.
A child applying for entry clearance must now show that suitable arrangements have been made for their care and accommodation in the UK and that those arrangements comply with relevant UK law.
The same requirement applies to a child under the age of 18 applying for permission to stay in the UK under the Appendix FM child route.
The Home Office states that the purpose of the amendment is to align Appendix FM with the safeguarding standards contained in Appendix Children. It is intended to ensure that a child’s proposed living and care arrangements are safe, suitable and lawful.
Evidence that may be required
The evidence required will depend on the child’s circumstances. It may include:
details of where and with whom the child will live;
evidence of the proposed accommodation;
evidence of the relationship between the child and the person responsible for their care;
written consent from a parent or another person with parental responsibility;
evidence explaining the role of the child’s other parent;
relevant custody, guardianship or family court documents;
information about schooling, medical needs or local authority involvement; and
evidence addressing any safeguarding concerns.
This requirement is related to, but distinct from, the existing requirement to demonstrate adequate accommodation. An application involving a child should therefore explain not only that suitable housing is available, but also who will care for the child and whether the proposed arrangements are lawful and appropriate.
Applications may require particular care where the child is travelling without both parents, will live with someone other than a parent, is subject to a court order or has previously been involved with social services.
What has not changed?
The amendments introduced by HC 259 do not change the general minimum income requirement for partner applications.
For most people making their first application under the five-year partner route on or after 11 April 2024, the applicable minimum income requirement remains £29,000.
Different requirements may apply where:
the applicant entered the route before 11 April 2024 and benefits from transitional provisions;
the sponsor receives a specified disability or carer’s benefit and the adequate maintenance test applies;
the application is made under the ten-year route;
exceptional circumstances require other sources of income or financial support to be considered; or
another specific exemption or transitional provision applies.
The latest amendments also do not alter the ordinary requirements concerning:
a genuine and subsisting relationship;
a valid marriage or civil partnership, where relevant;
the intention to live together permanently in the UK;
the English-language requirement;
adequate accommodation;
suitability and criminality; or
the qualifying periods for settlement under the five-year and ten-year routes.
Applicants should not therefore assume that the August 2026 amendments have relaxed the general requirements for a spouse, partner, parent or child application.
Do the changes affect applications already submitted?
The Appendix FM amendments came into force on 3 August 2026. Unlike some other changes contained in HC 259, the implementation provisions do not expressly state that Appendix FM applications submitted before that date will continue to be decided under the Rules in force on 2 August 2026.
Anyone with an application awaiting a decision should therefore consider whether the amendments may affect their case, particularly where:
the sponsor has 30 months’ permission based on protection status;
the applicant is on immigration bail; or
a child is applying for entry clearance or permission to stay.
Further evidence or representations may be appropriate in some pending applications.
Preparing an Appendix FM application
Family applications are often decided primarily on the documents submitted with the application. Applicants should identify the correct route, the applicable financial threshold and any relevant exception before applying.
Where an application involves immigration bail, protection status, previous overstaying, children living apart from a parent or unusual care arrangements, the legal and evidential position should be addressed directly rather than left for the Home Office to infer.
Failure to provide the correct evidence can lead to delay, requests for further information or refusal.
How Visa Professionals can assist
Visa Professionals provides advice and representation in family immigration matters, including:
spouse and partner applications;
extensions and settlement under Appendix FM;
applications involving sponsors with protection status;
applications by people with a complex immigration history;
parent applications;
child entry-clearance and permission-to-stay applications; and
applications relying on exceptional circumstances or Article 8 family life.
We can assess the relevant requirements, advise on the supporting evidence and prepare the application and legal representations.
For advice about an Appendix FM application, please contact Visa Professionals Immigration Services.
This article provides general information only and does not constitute legal advice. Immigration Rules and Home Office guidance may change, and the appropriate application will depend on the individual circumstances of each case.
Author: Irfan Khan, Solicitor