Turpin Miller
37 Contributions by Turpin Miller Experts
PRACTICE NOTES
Where a sponsoring partner receives one or more specified benefits, partners and dependent children applying under Appendix FM are not required to meet a minimum income threshold for the five-year route to settlement; instead, the applicable financial assessment is the test of 'adequate maintenance'.
The 'adequate maintenance' criterion also applies to the following categories:
parents applying under Appendix FM,
other family members applying under Appendix Adult Dependent Relative,
applications under Appendix Child Relative (Sponsors with Protection),
and children of settled parents applying under Part 8 of the Immigration Rules,
however, under Part 8 there are important differences regarding the treatment of third-party support and offers of employment.
It remains unlikely that partners or other family members will now apply under Part 8 of the Immigration Rules; nevertheless, advisers may still encounter someone who has, for whatever reason, remained on that route without
Immigration
PRACTICE NOTES
The five-year partner and parent routes in the Immigration Rules, Appendix FM have strict eligibility requirements.
Where a partner or parent applies for leave to remain but cannot satisfy every requirement, consideration is given to whether Appendix FM, paragraph EX.1 is engaged. This sits as one of the three limbs of the ten-year route to settlement for these applicants, the other two being the ‘Exceptional circumstances’ provisions in Appendix FM at paragraphs GEN.3.1 and GEN.3.2. This Practice Note assesses when paragraph EX.1 should be treated as applicable. The clearest illustration of EX.1 being the most relevant provision is where the applicant partner has a genuine and subsisting parental relationship with a British child. In such circumstances, EX.1 may provide the appropriate basis for leave within the ten-year route...
Immigration
PRACTICE NOTES
Suitability requirements in Appendix FM
The suitability criteria within Appendix FM broadly echo, though not entirely, the refusal grounds contained in Immigration Rules, Part 9. For further information on those grounds, see: Suitability grounds for refusal and re-entry bans—overview. Immigration Rules, Part 9, para 9.1.1(a) states that the Part 9 refusal grounds for entry clearance or leave to remain are not applicable to applications submitted under Immigration Rules, Appendix FM, except for Immigration Rules, Part 9, para 9.8.2, which is limited to entry clearance applications (previously contrived in a significant way to defeat the purpose of the rules or where there are aggravating factors). In addition, several Part 9 grounds can be relied upon to refuse leave to enter at port and to cancel existing leave, even where a person holds leave under Appendix FM. Frequently, the same Home Office guidance is used to
Immigration
PRACTICE NOTES
ARCHIVED :
This Practice Note is no longer maintained as it addressed the implementation of EU free movement law in the UK before IP completion day. On that day, the UK’s domestic legislation giving effect to EU free movement was revoked, subject to defined savings and modifications. For more detail, including those savings and the treatment of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK.
The Practice Note is kept in archived form for historical reference, as EU law previously applied in the UK can still be relevant in certain limited circumstances. For historic versions of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052, including the iteration immediately before revocation, see Legislation.gov.uk. For continuing developments in EU free movement law within EU Member States, see: Immigration, employment & share incentives (EU
Immigration
PRACTICE NOTES
Practice Note
This Practice Note outlines eligibility tables, drawn from the Immigration Rules, for settlement applications—covering indefinite leave to enter and indefinite leave to remain—by a child of a person (or, in limited instances, a relative of a person) who holds settled status in the UK.
It also captures scenarios where the child currently has limited leave as the child of a parent who themselves has limited leave as the partner of a settled person (under Part 8 or Appendix FM), and where both child and parent seek ILR concurrently.
Immigration Rules Part 8, paras 297–300, apply when both parents are settled; when one parent is settled and the other is deceased; and, in specified cases, when one parent is settled and the other is not—for example, where the settled parent has sole responsibility for the child, or the non-settled parent applies for
Immigration
PRACTICE NOTES
This Practice Note sets out the procedural steps for applications for entry clearance or for leave to remain by a child whose parent is applying for, or has already been granted, limited leave as a partner under Part 8 or Appendix FM.
See Practice Note: Children applying for indefinite leave under Part 8 and Appendix FM: procedure for details of the procedural requirements for children seeking indefinite leave to enter or remain under Part 8 and Appendix FM.
GOV.UK information pages on applications in this category
The GOV.UK pages for this immigration route aim to offer a clear summary of the essential points on eligibility, process and fees.
Nonetheless, these pages should be approached with care, as in some sections the eligibility requirements are omitted or set out in a manner that could be potentially misleading to applicants.
For guidance on the rules governing
Immigration
PRACTICE NOTES
FORTHCOMING DEVELOPMENTS:
On 4 December 2023, the then Conservative Home Secretary, James Cleverly MP, set out a package of steps aimed at curbing lawful migration to the UK. Among these, in respect of ‘five-year route’ Appendix FM applications, the standard minimum income requirement for initial applications would rise from £18,600 to £29,000 in Spring 2024. That uplift took effect through amendments to the Immigration Rules, implemented on 11 April 2024. Two further increases were slated to follow in due course; however, the incoming Labour Home Secretary, Yvette Cooper MP, asked the Migration Advisory Committee to examine the financial thresholds in detail. The Committee has now reported, and a further statement on the financial requirement is anticipated in due course. For more detail, see Practice Note: Immigration calendar. That Practice Note provides tables setting out eligibility criteria for applications for leave to remain as a child of a
Immigration
PRACTICE NOTES
Who can apply under Part 8?
An individual may seek further limited leave to remain as a spouse, civil partner, unmarried or same-sex partner under the Immigration Rules, Part 8, where they currently hold, or in some situations last held, leave as a partner (this includes a fiancé(e) or proposed civil partner) granted under Part 8. Switching from a non-Part 8 route into any Part 8 partner route is no longer permitted, and all fresh partner applications must now be submitted under the Immigration Rules, Appendix FM, Family life as a partner. Consequently, only a small number of people will be making applications for further limited leave under Part 8. Predominantly, these will be applicants who already possess limited leave under the Immigration Rules, Part 8, paragraphs 284–285 (spouses and civil partners) or paragraphs 295D–295E (unmarried and same-sex partners) but who are unable to
Immigration
PRACTICE NOTES
All overseas and in-country partner applicants seeking an initial grant as a partner (including as a fiancé(e) or proposed civil partner) under Appendix FM must submit the specified evidence proving they either satisfy, or are exempt from, the English language requirement. The sole departures are where an applicant for leave to remain in the UK falls within the exceptions in the Immigration Rules, Appendix FM, paragraph EX.1; or, whether applying for entry clearance or leave to remain, relies on the residual ‘Exceptional circumstances’ provisions in the Immigration Rules, Appendix FM, paragraph GEN.3.2. Paragraphs EX.1 and GEN.3.2 comprise two strands of the ten-year route to settlement. Those who received their first partner leave under Part 8 (having applied on or before 8 July 2012) and who now seek to extend their stay under Part 8 must provide evidence that they meet the relevant English
Immigration
PRACTICE NOTES
This Practice Note summarises the principal procedural steps and requirements for making an application for entry clearance as a fiancé(e), proposed civil partner, spouse, civil partner or unmarried partner under the Immigration Rules, Appendix FM. The provisions concerning applications by the children of those seeking entry clearance in this route are set out in Appendix FM, Family life as a child of a parent with limited leave as a partner or parent. For more information, see: Children—overview.
Timing considerations
It is advisable to obtain detailed instructions regarding the applicant’s travel plans—and, for fiancé(e)s or proposed civil partners, the anticipated date of the wedding or civil partnership—at the earliest practical stage. This enables you to determine a suitable application date and to identify and flag any potential timing issues...
Immigration
PRACTICE NOTES
FORTHCOMING DEVELOPMENTS:
On 4 December 2023, former Conservative Home Secretary James Cleverly MP set out a package of steps aimed at cutting lawful migration to the UK. Among them, for Appendix FM applications on the 'five-year route', the baseline minimum income requirement for initial applications was to rise from £18,600 to £29,000 in Spring 2024. This uplift took effect through amendments to the Immigration Rules on 11 April 2024.
Further staged increases had been planned; however, on 30 July 2024, the incoming Labour Home Secretary, Yvette Cooper MP, confirmed that the Migration Advisory Committee would be tasked with reviewing these financial thresholds, and that no subsequent rises would progress pending that review. For more detail, see Practice Note: Immigration calendar. The Practice Note considers core practical points on the Appendix FM minimum income threshold: determining the applicable threshold, and—for five-year route
Immigration
PRACTICE NOTES
FORTHCOMING DEVELOPMENTS:
On 4 December 2023, the then Conservative Home Secretary, James Cleverly MP, unveiled a package of steps designed to bring down lawful migration to the UK at that time. In relation specifically to Appendix FM applications on the ‘five-year route’, the standard minimum income threshold for initial applications was set to rise from £18,600 to £29,000 in Spring 2024. That increase was implemented through amendments to the Immigration Rules, taking effect from 11 April 2024. Two further uplifts were originally planned to follow; however, the Labour Home Secretary, Yvette Cooper MP, asked the Migration Advisory Committee to examine these financial rules, and, after its report, a fresh announcement on the financial requirement is expected in due course. For additional details, see Practice Note: Immigration calendar. A central reform brought in by Appendix FM was the creation of financial
Immigration
PRACTICE NOTES
The process permits the removal of a non‑British citizen from the UK and prevents their lawful return. Authority to deport is contained in sections 3 and 5 of the Immigration Act 1971 (IA 1971) and sections 22–35 of the UK Borders Act 2007 (UKBA 2007). These provisions provide the legal framework for such action.
A deportation order has several consequences:
it compels the person to leave the UK
it automatically cancels any leave to enter or remain—whether granted before the order is made or while it stays in force
it bars the person from re‑entering the UK unless, and until, the order is revoked
The deportation process must be distinguished from administrative removal (see Practice Note: Administrative removal). Some deportation decisions give rise to a right of appeal. In other instances, the sole legal challenge may be by way of judicial review. For
Immigration
PRACTICE NOTES
This Practice Note
This Practice Note examines the criteria for applications that rely, wholly or partly, on pension-derived income to satisfy the minimum income threshold for the five-year route to settlement under Appendix FM. As with other acceptable income streams, pension income is placed in a lettered classification (E) within the guidance covering the financial requirement and in the relevant immigration application forms. Although these classifications are not named in Appendix FM or Appendix FM-SE of the Immigration Rules, the underlying requirements that justify the division into categories are set out there. The gross annual amount from any state pension (including the UK basic state pension and the additional or second state pension, or a pension paid by an overseas pension authority) or from a private pension, received by either the applicant partner or the sponsoring partner, can be counted towards meeting the minimum income
Immigration
PRACTICE NOTES
This Practice Note
This Practice Note provides, in table form, the specified evidence needed for a person’s employment earnings to be counted towards the minimum income threshold on the five-year route to settlement under Appendix FM of the Immigration Rules. It must be considered alongside the following Practice Notes:
Minimum income threshold: Categories A and B: employment—step by step—which explains in detail whose income, what types of employment income, and the ways in which it can be relied upon
Minimum income threshold: what you need to show and the general operating principles—which gives further guidance on eligible income and the general rules governing the format of specified evidence
The core requirements for specified evidence relating to income from employment are primarily set out in the Immigration Rules, Appendix FM-SE, paragraphs 2–6. Where the table indicates that particular documents are not essential but are
Immigration
PRACTICE NOTES
This Practice Note examines how to satisfy the minimum income threshold on the five-year settlement route where some or all income comes from approved non-employment sources. In keeping with other countable income streams, the guidance on the financial requirement, as well as the relevant immigration application forms, assign non-employment income to a lettered grouping—Category C. Although Appendix FM and Appendix FM-SE of the Immigration Rules do not explicitly name these groupings, the criteria that support the division into categories are set out within them. A concise summary of the categories appears in: Family immigration financial requirement—quick reference checklist.
Whose non-employment income can be relied on?...
Immigration
PRACTICE NOTES
This Practice Note outlines the criteria for indefinite leave to remain (settlement) applications made under Part 8 of the Immigration Rules by a spouse, civil partner, unmarried or same-sex partner of a British citizen or someone who is settled (which covers former refugees and individuals granted humanitarian protection). A table below offers a swift reference and overview of the criteria; it summarises the key requirements in brief; for fuller detail, see the Practice Notes on Adequate maintenance, Adequate accommodation, and Partners: the relationship requirements. Comprehensive Home Office material on Part 8 applications appears in the Immigration Directorate Instructions (IDIs). Note that the rules on ‘genuine and subsisting relationships’ in the relevant Appendix FM guidance apply in their entirety to Part 8 applications. For the application process, refer to Practice Note: Partners applying for leave to remain: application procedure for details on the
Immigration
PRACTICE NOTES
FORTHCOMING DEVELOPMENTS:
On 4 December 2023, former Conservative Home Secretary James Cleverly MP set out a package aimed at cutting lawful migration to the UK. Among these steps, for Appendix FM applications on the ‘five-year route’, the standard minimum income requirement for initial applications would increase from £18,600 to £29,000 in Spring 2024. That uplift was implemented through amendments to the Immigration Rules with effect from 11 April 2024. Two further rises had been anticipated, however the Labour Home Secretary, Yvette Cooper MP, asked the Migration Advisory Committee to assess these financial thresholds, and its review has now been issued. A refreshed financial requirement is expected to be announced in due course. For further guidance, see Practice Note: Immigration calendar. This Practice Note provides tables setting out eligibility criteria for entry clearance applications under Appendix FM and Part 8 of the
Immigration
PRACTICE NOTES
Practice Note
This Practice Note sets out the main procedural requirements for an application for limited or indefinite leave to remain/settlement as a spouse, civil partner or unmarried partner under Appendix FM, Appendix Settlement Family Life (for those seeking indefinite leave to remain on the ten-year route to settlement), or Part 8 of the Immigration Rules. It further covers procedural points relating to the following categories:
applications for limited leave to remain by people who presently hold leave as a fiancé(e) or proposed civil partner under Appendix FM, who have since married or entered into a civil partnership and are now seeking leave as a spouse or civil partner
applications for further leave as a fiancé(e) or proposed civil partner in the narrow circumstances permitted by the Immigration Rules
The Practice Note does not address the substantive eligibility
Immigration
PRACTICE NOTES
ARCHIVED :
This Practice Note is not being updated, as it addressed how EU free movement rules operated in the UK before IP completion day; on that date, UK legislation giving effect to EU free movement was revoked, albeit with specific savings and modifications.
For more information, including the applicable savings and the status of CJEU case law, consult Practice Note: Brexit and the end of EU free movement law in the UK. This note remains available in archived form for historical reference, as the former UK implementation of EU law remains relevant in certain limited situations. For earlier iterations of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052—including the version in force just before revocation—see Legislation.gov.uk. To track ongoing developments in EU free movement across Member States, see: Immigration, employment & share incentives (EU Law)—overview. IMPORTANT NOTE: The accession period for Bulgaria and
Immigration
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