Are You Suitable for Family Settlement (ILR) in the UK? (Part 2)
In This Article
1. Understanding the Remaining Suitability Criteria for UK Family Settlement
2. Non-Compliance: A Ground for ILR Refusal
3. Exclusion From Asylum or Humanitarian Protection in ILR Applications
4. false-representations-uk-partner-family-settlement-ilr
5. Settlement Applications and Outstanding Debts to the Home Office or NHS
6. Appendix Settlement Family Life 10-Year Route for Partners and Parents
7. Suitability Requirements for Dependant Children in Settlement (ILR) Applications
8. Suitability Requirements for the 10-Year Private Life Route
9. Contact Our Immigration Barristers
10. Frequently Asked Questions
11. Glossary
1. Understanding the Remaining Suitability Criteria for UK Family Settlement
This is the second part of a two-part series on the suitability requirements for settlement or indefinite leave to remain (ILR) applications in the UK on partner and family routes. Part 1 of our article discussed deportation orders, criminality, and what it means to be not conducive to the public good.
Applying for settlement (ILR) in the UK is for many an important step for your right to live and work in the country with your family. Whether you are applying under a partner visa or another family route, the suitability requirements at this stage are more stringent than in previous visa applications. To find out about the impact of criminal convictions on applications for entry clearance to the UK on a partner or family visa, read our previous article Criminal Convictions and UK Partner & Family Visa Applications.
In this article, we will break down the remaining suitability requirements for settlement on partner and family routes, covering non-compliance, exclusion from protection, false representations, and outstanding debt. Understanding these rules can help you determine your eligibility for settlement and the most appropriate application for your circumstances.
2. Non-Compliance: A Ground for ILR Refusal
It may be found that the applicant has failed without reasonable excuse to comply with a requirement of the following:
- Attend an interview
- Provide information
- Provide physical data
- Undergo a medical examination
- Provide a medical report
The finding that the applicant has failed to comply with one of the above and has no reasonable excuse for doing so is a mandatory ground for refusal. Medical reasons, administrative errors, technical issues, family emergencies, and travel disruptions can all constitute reasonable excuses, but it may be more difficult to be successful here if you have not previously explained this or provided evidence to the relevant authorities. In any event, you should explain and evidence the reasons for failing to comply with one of these requirements in your indefinite leave to remain (ILR) application.
The application will normally be refused where a maintenance and accommodation undertaking has been requested but has not been provided. This is the only non-mandatory refusal ground regarding non-compliance. This applies when an individual acts as a sponsor for another’s immigration application and signs an agreement to provide them with accommodation and financial support whilst they are in the UK.
Maintenance undertakings are not typically required for most visa applications. They are only applicable to applications for leave to enter or remain as an adult dependent relative under Appendix Adult Dependent Relative of the Immigration Rules.
3. Exclusion From Asylum or Humanitarian Protection in ILR Applications
If the Secretary of State has made a decision to exclude the applicant from the Refugee Convention or exclude them from humanitarian protection, or would make such a decision if the applicant were to apply, then the application for settlement will be refused. This is also the case if there are reasonable grounds that the applicant should be regarded as a danger to the security of the UK under Article 33(2) of the Refugee Convention, or the Secretary of State has previously made a decision of this kind, the applicant having been convicted of a particularly serious crime.
4. False Representations in UK Partner and Family Settlement (ILR) Applications
The application will normally be refused where false information, false representations, or false documents have been submitted in relation to the application or ILR, for example misrepresenting employment status, financial situation, or personal history, i.e. falsely claiming to have a job offer or overstating income to meet minimum financial thresholds as set out in Appendix FM. This includes false information submitted to any person to obtain documentation used in support of the application, such as passports, visas, birth certificates, or bank statements. This applies whether or not the applicant is aware that the false information has been given in an application, for example where it has been included by a third party.
Additionally, the application will normally be refused if there has been a failure to disclose material facts in relation to the application. Examples of material facts that must be disclosed include:
- Previous immigration history: failure to mention previous visa refusals, deportations, or immigration bans;
- Criminal convictions: not declaring a previous conviction, even if it occurred outside the UK or was spent in another jurisdiction;
- Marital or relationship status: failing to disclose an existing spouse or dependent children when applying for a partner visa;
- Previous use of different identities: applying under a different name or nationality without disclosing past aliases.
Again, the above is true whether or not this was to the applicant’s knowledge.
Similar provisions apply for any previous applications made. If the applicant made any false representations or failed to disclose any material fact in a previous application, or did so in order to obtain documentation from the Secretary of State or a third party that was required to support an application, the application for settlement may be refused. This is irrespective of whether the previous application was successful. For example:
- An individual previously submitted false employment records to obtain a student visa and now applies for settlement. Even though they may now meet the requirements truthfully, their past deception could still result in refusal of their current application.
- An applicant used a fraudulently obtained test certificate (e.g., an English language test) in a past visa application. If this was later discovered, any new application could be refused.
- A criminal conviction was withheld in a past visa application but was later found out through background checks. Any future indefinite leave to remain (ILR) application would likely be refused.
Again, this applies to previous applications too. Where false representations have previously been made or there has been a failure to disclose material facts for the purpose of obtaining a document from the Secretary of State indicating the right to reside in the UK, the application may be refused on suitability grounds. There is an exception to this where a previous application has been granted in knowledge of the previous character issues.
5. Settlement Applications and Outstanding Debts to the Home Office or NHS
If the applicant has failed to pay litigation costs that had been awarded to the Home Office, the application may be refused. This applies to anyone who has been involved in legal proceedings against the Home Office, for example to challenge a visa refusal through judicial review or from lodging an appeal which was unsuccessful, and was ordered by a court or tribunal to pay litigation costs but has failed to do so.
Likewise, if the applicant has failed to pay NHS charges worth over £500, and the NHS has notified the Secretary of State of this, then the application may also be refused on this basis. This is unlikely to apply to those who have successfully obtained a visa in the UK, as you will have paid the Immigration Health Surcharge. However, those who have accessed the NHS without immigration status in the UK may have outstanding debts.
A relevant consideration here is likely to be whether there is a payment plan in place to arrange repayment of the NHS debt. If you have unpaid NHS debt, or are unsure if you owe money to the NHS, you can contact the NHS trust from which you received the treatment to inquire about any potential debt and how this can be repaid. The GOV.UK website also gives advice on what services are free or chargeable depending on your immigration status at the time you accessed the NHS. If you cannot pay the debt in full, you may be allowed to pay it in instalments. Evidence of this should be provided with your application to show that you are making efforts to remedy the situation. More information on repaying NHS debt can be found on the government webpage Guidance – Paying an NHS debt.
6. Appendix Settlement Family Life 10-Year Route for Partners and Parents
The suitability requirements under Appendix Settlement Family Life are largely the same as for the 5 year route, as set out above and in Part 1 of this series.
The applicant under this Appendix must be refused settlement if they have been convicted of a criminal offence for which they received a custodial sentence of 12 months or more, whether this was in the UK or overseas.
As above, if the applicant does not qualify for settlement as they do not meet the requirements, their application may be varied to an application for leave to remain (further permission to stay in the UK). This applies to the following suitability requirements:
- Custodial sentences of under 12 months;
- Sham marriages or civil partnerships;
- Previous immigration breaches;
- False representations, false information, or deception;
- Unpaid litigation debt;
- Unpaid NHS debt.
However, if the applicant does have one of these, and they have already spent 10 years or more with permission on this route, the decisionmaker should consider whether the applicant meets all other requirements for indefinite leave to remain (ILR). They should also consider whether they have completed 5 years’ continuous residence. This will be calculated from the end of their custodial sentence if applicable, or for the other reasons, when this suitability issue came to the attention of the decision maker. This continuous residence must have been with permission on one of the following:
- A partner or parent under Appendix FM (except for permission as a fiancé(e) or proposed civil partner);
- Family permission as a parent or partner;
- Private life route under paragraph 276ADE or 276BE(2) before 20 June 2022 or Appendix Private Life;
- A child of a person with limited leave as a partner or parent under Appendix FM;
- Leave outside the rules as a partner, a parent or child or because of private life on the basis of Article 8 ECHR.
If these are met, and there are no other reasons for refusal, then the applicant should be granted settlement.
7. Suitability Requirements for Dependant Children in Settlement (ILR) Applications
The suitability requirements for dependents can be found in paragraphs SETF 11.1 to 11.7 of Appendix Settlement Family Life. These are identical to the requirements for the 10 year route for partners and parents.
More discretion is likely to be afforded to children who fail to meet the suitability requirements for reasons outside of their control, i.e. accumulating NHS debt or false representations made on an application completed on their behalf, as these suitability issues will have be the result of action or inaction by a parent or guardian, not the child themselves. Appropriate steps should still be taken to remedy these issues for the best chance of success. Nonetheless, the Home Office maintains the right to refuse an application for settlement due to the applicant’s failure to meet the suitability requirements.
8. Suitability Requirements for the 10-Year Private Life Route
The suitability requirements for applicants on the 10-year private life route are located at PL 12.1 to 12.7 of Appendix Private Life. For children born in the UK to a person on the private life route, the suitability requirements are set out in paragraphs PL 27.1 to 27.6 of the same Appendix. These too are the same as the requirements for the 10 year route for partners and parents.
9. Contact Our Immigration Barristers
For expert advice and assistance with your settlement/indefinite leave to remain (ILR) application following suitability issues, contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.
