Our blog update for today is the part 1 of our 2-part series on the recent changes to the 10-year family settlement route.
A number of changes to immigration rules have been introduced, related to Family Life, Private Life and Settlement applications through these routes.
Let’s first look at the Family Life Appendix Settlement
A rule has been set out under Appendix Settlement Family Life, to settle in the UK a person must spend 10 years as a partner or a parent or on a combination of these routes. The new rule was implemented on 20 June 2022. For those who are on a five year route, it is also regulated under Appendix FM.
The applicant must have been granted permission as a parent or a partner under Appendix FM, in order to apply for settlement on the 10 years family life route.
What is the Family Life Settlement Application validity period?
Instead of relying on paragraph 34A, for settlement, the validity is based on the residence period of 10 years as a partner or a parent, or on a combination of these routes.
How to make a valid application for settlement on this route?
The application fee must be paid.
To satisfactorily establish identity and nationality, the applicant must provide a passport or other travel documet.
The online form ‘settlement as a partner or parent’ must be used for correct application submission.
Biometrics must be provided.
Under Appendix FM, the applicant must have been granted permission to stay as long as 10 years, as a partner or a parent, in order to apply for settlement on 10 year family life route.
Acceptability Requirements For Family Life Settlement
The suitability requirements necessary for the Immigration rules must be met for applicant’s leave under Appendix FM. Some stringent requirements must also be met.
As compared to the criminality threshold the requirements are stricter than those in Appendix FM.
In case of criminal offence convicted by applicants, in the UK or overseas, can face mandatory refusal or 12 months of imprisonment.
Furthermore, the applicants can never obtain ILR on this route. Under Appendix FM, the suitability criteria, makes mandatory refusal where the custodial sentence is four years or above.
Individuals who hold the sentences between 12 months and 4 years can fulfil the suitability criteria following 15 years.
The applicant must reside in the UK for five years on the basis of family or private life, if the applicant has received a custodial sentence of less than 12 months and must have spent continuous qualifying 10 years on this basis.
The following are additional issues that could lead to mandatory refusal.
Use of false or fake documents or information.
Involvement in civil partnership or fake marriages
Litigation debt own to the Home Office unless it has been paid,
The total value of outstanding charges is under £500, if the debt is not paid to the NHS.
If any of the earlier mentioned issues apply, the applicant will have to reside in the UK for a continuous period of five years, on the basis of family or private life. Furthermore the applicant must reside a continuous period of 10 years on this basis, after the suitability ground has come to Home Office attention.
An individual who has entered the UK illegally, will face refusal unless they have completed a qualifying period of 10 years on the basis of private or family life.Moreover paragraph 3.1 or 4.1 of Appendix Private Life, granted different requirements if they are a child or a young adult, to continue as a residence.
We have reached the end of part 1 of today’s blog. Stay tuned for Part 2 coming shortly.
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