Case No. UKUT-00090-(IAC)

In the UK : application under the Immigration Rules The applications listed in this section and made under the Immigration Rules are human rights applications and the starting position is that there is a right of appeal against refusal. Where paragraph 353 (further submissions) applies and the further submissions do not amount to a fresh claim or where the claim is certified under section 96, there will be no right of appeal, and if certified under section 94 or 94B no right of appeal until the person has left the UK. These applications can be made while the applicant has leave under section 3C of the Immigration Act 1971 as a consequence of an ongoing appeal against the refusal of another application. No other applications under the rules other than those in this section can be made where the applicant has 3C leave. If the applicant withdraws their appeal, they will no longer be prevented from making any other application under the rules. Alternatively, the applicant may make an application once their appeal rights are exhausted. The relevant applications are those made under: • Paragraph 276B (long residence) • Paragraphs 276ADE(1) or 276DE (private life) • Paragraphs 276U and 276AA (partner or child of a member of HM Forces) • Paragraphs 276AD and 276AG (partner or child of a member of HM Forces), where: o the sponsor is a foreign or Commonwealth member of HM Forces and has at least 4 years’ reckonable service in HM Forces at the date of application • Part 8 of these Rules (family members) where: o the sponsor is present and settled in the UK or has refugee or humanitarian protection in the UK