APPENDIX FM PARTNER
Leave to remain (R-LTRP.1.1)
Overview of requirements:
a) The applicant and his partner must be in the UK;
b) The applicant must have made a valid application for limited or indefinite leave to remain as a partner; and either
c) (i) the applicant must not fall for refusal under S.SLTR (Suitability Leave to Remain), and
(ii) the applicant meets all of the requirements of E.LTRP (Eligibility Leave to Remain Partner)
OR
d) (i) the applicant must not fall for refusal under S.SLTR, and
(ii) the applicant meets of the requirements of E.LTRP
(iii) Para. EX.1 applies
SUITABILITY ELIGIBILITY
Mandatory grounds: Relationship
S-LTR 1.2 – subject to a deportation order Same as that required for entry clearance E-LTRP 1.2-1.10.
S-LTR 1.3 – presence of A is not conducive to public good because he has
been convicted for an offence for which he has been sentenced to A to provide evidence that since EC as a partner was granted, or since the
imprisonment for at least 4 years last grant of limited leave, A and his P have lived together in the UK, or there
S-LTR 1.4 – presence of A is not conducive to public good because he has is good reason with consistent continuing intention to live together in the UK
been convicted of an offence for which he has been sentenced to permanently (E-LTRP 1.10)
imprisonment for less than 4 years but at least 12 months.
S-LTR 1.5 – presence of A is not conducive to public good because in the If A is in the UK with leave as fiancée or proposed CP and marriage and CP
view of SoS, his offending has caused serious harm or he is a persistent did not take place during period of leave, there must be a good reason why it
offender who shows particular disregard for the law did not and evidence must be produced that it will take place in the next 6
S-LTR 1.6 – presence of A is not conducive to public good because his months. Such leave will only be for 6 months with condition that no recourse
conduct, character, associations, or other reasons, make it undesirable to to public funds and no work (E-LTRP 1.11)
allow him to remain
S-LTR 1.7 – A has failed without reasonable excuse to comply with a A’s partner cannot be the A’s fiancé or proposed CP(Civil Partner), unless A
requirement to attend an interview; provide information; provide physical was granted EC as that person’s fiancé or proposed CP (E-LTRP 1.12)
data; or undergo a medical examination or provide medical report.
,Discretionary grounds Immigration Requirements
S-LTR 2.2 – whether or not to the A’s knowledge: (a) false information, Certain people are excluded from switching into this category – visitor, or
representations or documents have been submitted in relation to the person with valid leave granted for a period of 6 months or less, unless that
application (including false information given to someone else to obtain a leave is as a fiancé or proposed CP, or a person on temporary admission
document used in support); or (b) there has been a failure to disclose (E-LTRP 2.1)
material facts in relation to the application.
S-LTR 2.3 – one or more relevant NHS body has notified the SoS that the A must not be in the UK in breach of immigration laws (disregarding any
applicant has failed to pay charges in accordance with the relevant NHS period of overstaying for a period of 28 days or less), unless para. EX.1
regulations on charges to overseas visitors and the outstanding charges applies. (E-LTRP 2.2)
have a total value of at least £1,000
S-LTR 2.4 – a maintenance and accommodation undertaking has been
requested under para. 35 of the Rules and has not been provided.
Financial requirements
By Paras E-LTRP 3.1 – 3.3, same financial provisions apply as for EC.
Key differences:
a) Income from specified lawful employment or self-employment (Cat A,
B, F and G) of the A can now be included to meet the financial
requirement, provided he is in the UK with permission to work. Only
partner prohibited from working is a fiancé(e) or proposed CP.
b) An applicant does not have to meet the financial requirement, nor the
alternative maintenance test, if para. EX.1 applies.
Accommodation
Same accommodation requirements from EC applies, unless EX.1 applies.
English language requirement
If A has not already met this requirement in the EC, then A must do so now,
unless EX.1 applies.
,Indefinite leave to remain (settlement) as a Partner
Who can apply?
Two different situations:
a) Where a person has completed a 5 year family route to settlement, i.e. 2 periods of 30 months’ leave, and
b) Where a person has completed 10 year family route to settlement, i.e. 4 periods of 30 months’ leave
Overview of requirements:
a) A and his P must be in the UK;
b) A must have valid application for indefinite leave to remain as a partner;
c) A must not fall for refusal under any of the grounds in S-ILR
d) A must meet all requirements under E-LTRP
e) A must meet all requirements of E-ILRP
Eligibility requirements:
- For financial requirements, any cash savings exceeding £16,000, will all be counted
Income ILR minimum savings requirements
No other relevant income £34,600
(£16,000 + short fall of £18,600)
Other relevant income of £15,000 £19,600
(£16,000 + short fall of £3,600)
Other relevant income of £18,000 £16,600
(£16,600 + and short fall of £600)
- Para. E-ILRP 1.2 A must be in UK with valid leave to remain as partner, disregarding overstaying period of 28 days or less
- Para. E-ILRP 1.3 A must have completed continuous period of at least 60 months with limited leave as partner or 120 months
- Any period of limited leave as fiancé(e) or proposed CP will not be included
- Para. E-ILRP 1.4 only those periods of limited leave when the applicant’s partner is the same person can be taken into account
- Para. E-ILRP 1.6 – A must have sufficient knowledge of English and life in the UK
- No requirement that entire 5/10 year period should be spent in the UK. HO will consider if majority time spent abroad, length of absence, reasons for
travel, whether A and P lived together during travel.
, INDEFINITE LEAVE TO REMAIN (SETTLEMENT) AS A BEREAVED PARTNER
Before the relevant 5/10 year period is up and the A’s partner dies? And bereaved partner wishes to remain in the UK permanently, s/he should apply for
settlement.
PARA. BPILR 1.1, the A will have to meet the following requirements:
a) A must be in the UK
b) A must have made a valid application for ILR as bereaved partner
c) A must not fall for refusal under any grounds in S-ILR; and
d) A must meet all of the requirements of E-BPILR
Eligibility requirements
(E-BPILR 1.2) Last grant of limited leave, A must have been:
a) A partner (excluding, F or proposed CP) of a BC or a person settled in the UK; or
b) A bereaved partner
(E-BPILR 1.3) the person who has died must have been A’s partner at the time A was last granted limited leave under APPENDIX FM
(E-BPILR 1.4) at time of death, relationship between A and deceased must have been genuine and subsisting and each of the parties must have intended to
live permanently with the other in the UK
HO guidance is that normally detailed enquiries not made unless reason for doubt. Provided eligibility met and death certificate provided and without further
enquiry, should be fine.
Doubts at initial period of leave to remain expressed or about genuine and subsisting relationship, application may be refused. HO guidance that burden of
proof of SoS as A would no longer be able to prove subsisting relationship.
Timeliness of application:
- This provision intended to benefit only those whose sponsor has died during probationary period and who make their application whilst they still have
limited leave to enter or remain
- Also applies to where sponsor dies after application for settlement made but before decision reached
- Death of sponsor at early stage, not adverse as long as A meets requirements, application is to be granted regardless of how much of the probationary
period has been completed.
- Application made after A’s existing leave has expired – HO guidance that A does not need to comply with overstaying more than 28 days (E-LTRP 2.2)
provided circumstances of that period relate to bereavement and compassionate circumstances apply. Applications made out of time should be
considered sympathetically.
- If A does not want to settle in the UK, further 6 months leave can be granted for him to sort out affairs.
Leave to remain (R-LTRP.1.1)
Overview of requirements:
a) The applicant and his partner must be in the UK;
b) The applicant must have made a valid application for limited or indefinite leave to remain as a partner; and either
c) (i) the applicant must not fall for refusal under S.SLTR (Suitability Leave to Remain), and
(ii) the applicant meets all of the requirements of E.LTRP (Eligibility Leave to Remain Partner)
OR
d) (i) the applicant must not fall for refusal under S.SLTR, and
(ii) the applicant meets of the requirements of E.LTRP
(iii) Para. EX.1 applies
SUITABILITY ELIGIBILITY
Mandatory grounds: Relationship
S-LTR 1.2 – subject to a deportation order Same as that required for entry clearance E-LTRP 1.2-1.10.
S-LTR 1.3 – presence of A is not conducive to public good because he has
been convicted for an offence for which he has been sentenced to A to provide evidence that since EC as a partner was granted, or since the
imprisonment for at least 4 years last grant of limited leave, A and his P have lived together in the UK, or there
S-LTR 1.4 – presence of A is not conducive to public good because he has is good reason with consistent continuing intention to live together in the UK
been convicted of an offence for which he has been sentenced to permanently (E-LTRP 1.10)
imprisonment for less than 4 years but at least 12 months.
S-LTR 1.5 – presence of A is not conducive to public good because in the If A is in the UK with leave as fiancée or proposed CP and marriage and CP
view of SoS, his offending has caused serious harm or he is a persistent did not take place during period of leave, there must be a good reason why it
offender who shows particular disregard for the law did not and evidence must be produced that it will take place in the next 6
S-LTR 1.6 – presence of A is not conducive to public good because his months. Such leave will only be for 6 months with condition that no recourse
conduct, character, associations, or other reasons, make it undesirable to to public funds and no work (E-LTRP 1.11)
allow him to remain
S-LTR 1.7 – A has failed without reasonable excuse to comply with a A’s partner cannot be the A’s fiancé or proposed CP(Civil Partner), unless A
requirement to attend an interview; provide information; provide physical was granted EC as that person’s fiancé or proposed CP (E-LTRP 1.12)
data; or undergo a medical examination or provide medical report.
,Discretionary grounds Immigration Requirements
S-LTR 2.2 – whether or not to the A’s knowledge: (a) false information, Certain people are excluded from switching into this category – visitor, or
representations or documents have been submitted in relation to the person with valid leave granted for a period of 6 months or less, unless that
application (including false information given to someone else to obtain a leave is as a fiancé or proposed CP, or a person on temporary admission
document used in support); or (b) there has been a failure to disclose (E-LTRP 2.1)
material facts in relation to the application.
S-LTR 2.3 – one or more relevant NHS body has notified the SoS that the A must not be in the UK in breach of immigration laws (disregarding any
applicant has failed to pay charges in accordance with the relevant NHS period of overstaying for a period of 28 days or less), unless para. EX.1
regulations on charges to overseas visitors and the outstanding charges applies. (E-LTRP 2.2)
have a total value of at least £1,000
S-LTR 2.4 – a maintenance and accommodation undertaking has been
requested under para. 35 of the Rules and has not been provided.
Financial requirements
By Paras E-LTRP 3.1 – 3.3, same financial provisions apply as for EC.
Key differences:
a) Income from specified lawful employment or self-employment (Cat A,
B, F and G) of the A can now be included to meet the financial
requirement, provided he is in the UK with permission to work. Only
partner prohibited from working is a fiancé(e) or proposed CP.
b) An applicant does not have to meet the financial requirement, nor the
alternative maintenance test, if para. EX.1 applies.
Accommodation
Same accommodation requirements from EC applies, unless EX.1 applies.
English language requirement
If A has not already met this requirement in the EC, then A must do so now,
unless EX.1 applies.
,Indefinite leave to remain (settlement) as a Partner
Who can apply?
Two different situations:
a) Where a person has completed a 5 year family route to settlement, i.e. 2 periods of 30 months’ leave, and
b) Where a person has completed 10 year family route to settlement, i.e. 4 periods of 30 months’ leave
Overview of requirements:
a) A and his P must be in the UK;
b) A must have valid application for indefinite leave to remain as a partner;
c) A must not fall for refusal under any of the grounds in S-ILR
d) A must meet all requirements under E-LTRP
e) A must meet all requirements of E-ILRP
Eligibility requirements:
- For financial requirements, any cash savings exceeding £16,000, will all be counted
Income ILR minimum savings requirements
No other relevant income £34,600
(£16,000 + short fall of £18,600)
Other relevant income of £15,000 £19,600
(£16,000 + short fall of £3,600)
Other relevant income of £18,000 £16,600
(£16,600 + and short fall of £600)
- Para. E-ILRP 1.2 A must be in UK with valid leave to remain as partner, disregarding overstaying period of 28 days or less
- Para. E-ILRP 1.3 A must have completed continuous period of at least 60 months with limited leave as partner or 120 months
- Any period of limited leave as fiancé(e) or proposed CP will not be included
- Para. E-ILRP 1.4 only those periods of limited leave when the applicant’s partner is the same person can be taken into account
- Para. E-ILRP 1.6 – A must have sufficient knowledge of English and life in the UK
- No requirement that entire 5/10 year period should be spent in the UK. HO will consider if majority time spent abroad, length of absence, reasons for
travel, whether A and P lived together during travel.
, INDEFINITE LEAVE TO REMAIN (SETTLEMENT) AS A BEREAVED PARTNER
Before the relevant 5/10 year period is up and the A’s partner dies? And bereaved partner wishes to remain in the UK permanently, s/he should apply for
settlement.
PARA. BPILR 1.1, the A will have to meet the following requirements:
a) A must be in the UK
b) A must have made a valid application for ILR as bereaved partner
c) A must not fall for refusal under any grounds in S-ILR; and
d) A must meet all of the requirements of E-BPILR
Eligibility requirements
(E-BPILR 1.2) Last grant of limited leave, A must have been:
a) A partner (excluding, F or proposed CP) of a BC or a person settled in the UK; or
b) A bereaved partner
(E-BPILR 1.3) the person who has died must have been A’s partner at the time A was last granted limited leave under APPENDIX FM
(E-BPILR 1.4) at time of death, relationship between A and deceased must have been genuine and subsisting and each of the parties must have intended to
live permanently with the other in the UK
HO guidance is that normally detailed enquiries not made unless reason for doubt. Provided eligibility met and death certificate provided and without further
enquiry, should be fine.
Doubts at initial period of leave to remain expressed or about genuine and subsisting relationship, application may be refused. HO guidance that burden of
proof of SoS as A would no longer be able to prove subsisting relationship.
Timeliness of application:
- This provision intended to benefit only those whose sponsor has died during probationary period and who make their application whilst they still have
limited leave to enter or remain
- Also applies to where sponsor dies after application for settlement made but before decision reached
- Death of sponsor at early stage, not adverse as long as A meets requirements, application is to be granted regardless of how much of the probationary
period has been completed.
- Application made after A’s existing leave has expired – HO guidance that A does not need to comply with overstaying more than 28 days (E-LTRP 2.2)
provided circumstances of that period relate to bereavement and compassionate circumstances apply. Applications made out of time should be
considered sympathetically.
- If A does not want to settle in the UK, further 6 months leave can be granted for him to sort out affairs.
