Case No. UKUT-00090-(IAC)

The following claims made under the Immigration Rules are human rights applications and attract a right of appeal against refusal: • 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 the sponsor: o is a foreign or Commonwealth member of HM Forces o has at least 4 years’ reckonable service in HM Forces at the date of application • Part 8 of these Rules (family members) where the sponsor: o is present and settled in the UK o has refugee or humanitarian protection status in the UK , but not under paragraphs 319AA to 319J (points-based system (PBS) dependents), paragraphs (281-283), (sponsor granted settlement as a PBS Migrant) • Part 4 or Part 7 of Appendix Armed Forces (partner or child of a member of HM Forces) where: o the sponsor is a British Citizen or has at least 4 years’ reckonable service in HM Forces at the date of application • Appendix FM (family members), but not section BPILR (bereavement) or section DVILR (domestic violence) Where a human rights claim has been made and there is a right of appeal serve refusal notice GV51 (refusal with right of appeal). This guidance does not cover decision-making where the application is made under one of these routes. Entry clearance officers (ECO) should refer to Appendix FM guidance, family applications transitional cases (Part 8) guidance or armed forces guidance.