The Immigration Appeals (Family Visitor) Regulations 2012

• Citation: S.I. 2012/1532
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Immigration Appeals (Family Visitor) Regulations 2012 and shall come into force on 9th July 2012.

Section 2 Class or description of person to be visited

(1) A person (“P”) is of a class or description prescribed for the purposes of section 88A(1)(a) of the Nationality, Immigration and Asylum Act 2002 (entry clearance), if—

(a) the applicant for entry clearance (“A”) is a member of the family of P; and

(b) P’s circumstances match those specified in regulation 3.

(2) For the purposes of paragraph (1), A is a member of the family of P if A is the—

(a) spouse, civil partner, father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter, brother or sister;

(b) father-in-law, mother-in-law, brother-in-law or sister-in-law;

(c) son-in-law or daughter-in-law; or

(d) stepfather, stepmother, stepson, stepdaughter, stepbrother or stepsister;

of P.

(3) For the purposes of paragraph (1), A is also a member of the family of P if A is the partner of P.

(4) In this regulation, A is the partner of P if—

(a) A and P have been in a relationship that is akin to a marriage or civil partnership for at least the two years before the day on which A’s application for entry clearance was made; and

(b) such relationship is genuine and subsisting.

(5) In this regulation—

(a) “father-in-law of P” includes the father of P’s civil partner;

(b) “mother-in-law of P” includes the mother of P’s civil partner;

(c) “brother-in-law of P” includes the brother of P’s civil partner;

(d) “sister-in-law of P” includes the sister of P’s civil partner;

(e) “son-in-law of P” includes the son of P’s civil partner;

(f) “daughter-in-law of P” includes the daughter of P’s civil partner;

(g) “stepfather of P” includes the person who is the civil partner of A’s father (but is not A’s parent);

(h) “stepmother of P” includes the person who is the civil partner of A’s mother (but is not A’s parent);

(i) “stepson of P” includes the person who is the son of A’s civil partner (but is not A’s son);

(j) “stepdaughter of P” includes the person who is the daughter of A’s civil partner (but is not A’s daughter);

(k) “stepbrother of P” includes the person who is the son of the civil parent of A’s parent (but is not the son of either of A’s parents); and

(l) “stepsister of P” includes the person who is the daughter of the civil partner of A’s parent (but is not the daughter of either of A’s parents).

Section 3 Circumstances of the person to be visited

The circumstances of P mentioned in regulation 2(1)(b) are that P–

(a) is settled in the United Kingdom as defined in paragraph 6 of the immigration rules;

(b) has been granted asylum in the United Kingdom under paragraph 334 of the immigration rules; or

(c) has been granted humanitarian protection in the United Kingdom under paragraph 339C of the immigration rules.

Section 4 Transitional provision

These Regulations apply only to an application for entry clearance made on or after the day on which they come into force.