Citation and commencement

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

Class or description of person to be visited

2. —(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).

Circumstances of the person to be visited

3. 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( 2 ) of the immigration rules;

(b) has been granted asylum in the United Kingdom under paragraph 334( 3 ) of the immigration rules; or

(c) has been granted humanitarian protection in the United Kingdom under paragraph 339C( 4 ) of the immigration rules.

Transitional provision

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