Over these past few weeks, we have seen many changes to the Immigration Rules. We first had around 500 pages released in October 2020 as to the New Immigration Rules and since then there have been several emails as to the ‘Guidance’ for these New Immigration Rules.
The Guidance are documents from the Home Office, UKVI which assists their own caseworkers with applying and interpreting the Rules. Many of us, Immigration Lawyers also frequently read and use these ‘Guidance’ in advising our clients on their particular immigration matter. I, for one have used the information in these ‘Guidance’ over the years to present to Immigration Judges. At times they provide useful insight into the meaning of the Rules and how a particular Rule or Requirement can be applied.
You do however need to be careful as Guidance documents change frequently and some weekly depending on their subject. Some however remain the same as they explain a certain law or English history like those for Nationality.
If you are reading the Immigration Rules yourself, then I would recommend that you also read the Guidance for the Rule. There may not just be one Guidance but several. Each Guidance should be labelled with its own version, version 5 or 6, as well as a date for when it was published.
Spouse Visa Guidance
For example, one of the most common Immigration visas is the Spouse Visa. For this you can just read each requirement of the Spouse Visa. However, the details on applying each requirement would be in the Guidance to it. So here you do not have just one Guidance on the Spouse visa but several Guidance documents. There are several Guidance such as Financial Requirements, Family of Settled People, English language Requirement, Adopted Children or Partners, Divorce and Dissolution and many others. You will see that the Requirements for the Spouse Visa have been grouped together and the Guidance relates to a particular Rules and Requirements.
It is important to note that the Guidance may not cover your particular situation or question you have. The Guidance does however give examples and you may find your case has similar facts.
If your case is complex, then it is always best to get legal advice contact us today.