#13637 - Appendix Fm Partner - Immigration

Leave to remain (R-LTRP.1.1)

Overview of requirements:

1. The applicant and his partner must be in the UK;

2. The applicant must have made a valid application for limited or indefinite leave to remain as a partner; and either

3. (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

4. (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

Indefinite leave to remain (settlement) as a Partner

Who can apply?

Two different situations:

1. Where a person has completed a 5 year family route to settlement, i.e. 2 periods of 30 months’ leave, and

2. Where a person has completed 10 year family route to settlement, i.e. 4 periods of 30 months’ leave

Overview of requirements:

1. A and his P must be in the UK;

2. A must have valid application for indefinite leave to remain as a partner;

3. A must not fall for refusal under any of the grounds in S-ILR

4. A must meet all requirements under E-LTRP

5. A must meet all requirements of E-ILRP

Eligibility requirements:

• For financial requirements, any cash savings exceeding 16,000, will all be counted

• 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.

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:

1. A must be in the UK

2. A must have made a valid application for ILR as bereaved partner

3. A must not fall for refusal under any grounds in S-ILR; and

4. 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:

1. A partner (excluding, F or proposed CP) of a BC or a person settled in the UK; or

2. 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.

Couple separating due to domestic violence before probationary period finishes. A should apply for settlement.

PARA. DVILR 1.1:

1. A must be in the UK

2. A must have valid application

3. A must not fall for refusal under any grounds of S-ILR

4. A must meet all requirements E-DVILR (Elibility – Domestic Violence Indefinite Leave to Remain)

Eligibility

E-DVILR 1.2, A’s last grant of limited leave must have been:

1. As a partner (other than F or P CP) of a BC or a person settled in UK

2. Granted to enable access to public funds pending an application under this provision; or

3. Granted under para D-DVILR 1.2

E-DVILR 1.3 A must provide evidence that during the last period of limited leave as a partner, relationship broke down due to domestic violence

There needs to be a causal link between infliction of domestic violence and permanent breakdown of relationship.

Consideration on what evidence may be available, has A’s partner been formally cautioned or arrested? Police involvement? Doctor’s report and consistency in injuries to domestic violence.

Child is person under 18 at date of...