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August 19, 2022

UK Sets New Rule Changes To Family Settlement Routes Part 2

In today’s blog update, we’ll discuss part 2 of the recent changes to the 10-year family settlement route. If you missed part 1, click the link in the description box below

 

Criteria for settlement on the basis of 10 years Family Life Route

An ILR applicant can submit an application on the basis of an eligible 10 year period as a partner or parent, or on a combination of these routes. They can combine time spent on the following routes that would count towards the 10 year qualifying period:

Under appendix FM, entry clearance or permission as a partner, parent or a child, on the private life route before 20 June 2022.

Private life Article 8 ECHR, granted permission outside the rule as parent, partner or a child.

The new change in the policy is great news for the applicants, as it gives greater flexibility than in the past to continue time spent on different routes.

Furthermore, it is now possible to count time, that leads to settlement, on any other route, that the applicant had permission under Appendix FM as a partner or parent for at least one year and  did not enter the UK illegally.

 

Requirements for 10 years Family Route Continuous Residence

In accordance with Appendix Continuous Residence, provides new requirement for ‘continuous residence’. The rule came into force on 20 June 2022, prior to that, it won’t be counted if the Applicant was granted permission after the absences.

In any consecutive 12 month period, the applicant must not be absent from the UK for more than 180 days. There are some exceptions which include absence for work, study or supporting family overseas, meanwhile the family must maintain a family life in the UK, throughout the period of absence and the UK had remained a permanent place of residence..

Continuous residence can be broken if the applicant is being sentenced to a period of imprisonment.

Absence limits are now applicable for family life routes for the first time.

 

Requirement of English Language for Family Life Settlement

The criteria for the English language, for the applicant, is to show the ability in listening and speaking to level B1.It is specified in the new appendix English language. The applicant can rely on qualifications in CSE or Alevel, or qualifications lower than degree level. It can either be met through a specified English language test or if the person is a national of a majority English speaking country.

 

 

Applicant’s Knowledge of Life in the UK

As mentioned in Appendix KOL UK,the Life in the UK test requirement must be met.

Decision, Period and Conditions of Grant

Based on a qualifying period of 10 years, if all of the suitability and eligibility requirements are met then the applicant will be granted settlement.

In case if the applicant fails to meet the requirements for permission to stay under Appendix FM, the applicant will be allowed to stay on that route. In such cases, the applicant is required to pay an additional fee whereas a settlement fee which is more than the applicable fees for permission to stay, which is non refundable. Moreover, the applicant may be required to pay Immigration Health Surcharge.

Furthermore, the application for leave will be considered as invalid, if the fee is not paid, or a fee waiver is not requested and granted, this application fee is non refundable. The conditions attached and the period granted will be referred to as the provisions for the applications in Appendix FM.

If the decision maker is not satisfied with the applicant’s eligibility criteria for settlement on this route, the applications can still be rejected.

 

This is the end of today’s blog update. We hope you found this blog useful. Please don’t forget to support us by subscribing to our newsletter and sharing this blog with your friends and family on Facebook, Whatsapp, and Twitter.

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