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Meeting the financial requirement under Appendix FM with children
By Stefania Patuto

There are many different ways to meet the financial requirement under Appendix FM. This post will explore when children have an impact on the amount of income needed to meet the financial requirement. Types of Income Many of our earlier blog posts explore...

 the different ways you can meet the financial requirement and the different types of income which can be used. The types of income include: Salaried or non-salaried employment; Self employment; Non-employment income (such as from property rental, dividends or...

A Guide to Adult Dependant Relative Visas
By Alexandra Pease

The Immigration Rules changed in July 2012 and restricted applications under the Adult Dependant Relative visa category.  Applications are only now granted in very limited circumstances. The rules prior to 2012 concentrated on financial dependence where the family...

 member was over 65 or if under 65 where there were exceptional circumstances.  The new rules aimed to decrease the burden on the taxpayer through NHS and social care costs, taking into account where needs could be met in an individual’s home country....

Indefinite Leave to remain as a victim of domestic abuse
By Nadine McGarry

Section DVILR – E-DVILR of Appendix FM to the Immigration Rules sets out the requirements that an applicant must meet in order for an application for indefinite leave to remain as a victim of domestic abuse to be granted. This blog post will explore the definition...

 of domestic abuse,  appropriate evidence that may be submitted with an application and will then go on to explore the scope of section DVILR. Finally, we will consider how the Statement of Changes published on 11 December 2018 has affected this...

Supreme Court: The meaning of ‘unduly harsh’ and ‘reasonableness’ in child immigration cases
By Richmond Chambers

On Wednesday 24th October 2018, the UK Supreme Court tackled the application of the terms, ‘unduly harsh’ and ‘reasonableness’ in child immigration cases in the case of KO (Nigeria) & Others (Appellant) v SSHD [2018] UKSC53. What legislation was in question? Where...

 a person is subject to immigration controls, and is required to be removed, Section 117B lists the points for the court to take into account. The factors under the scrutiny of the Supreme Court, were centred upon Section 117B(6) and Section...

Home Office’s Policy on Children Found “Untenable”
By Zoe Bantleman

In this post, I will unpack the recently promulgated case of SR (subsisting parental relationship – s117B(6)) Pakistan [2018] UKUT 00334 (IAC) (5 September 2018), which distills two important principles for appeals and applications involving a relationship...

 between a parent and a child who is either a British citizen or has lived in the UK for 7 continuous years: “1. If a parent (‘P’) is unable to demonstrate he / she has been taking an active role in a child’s upbringing for the purposes...

Can you rely on the parent route of Appendix FM if you are in a genuine and subsisting relationship with your partner?
By Richmond Chambers

There are two routes that are most commonly used when applying for leave to remain in the UK under Appendix FM of the Immigration Rules: the partner route and the parent route. It is generally thought that the Rules have created a clear division between the two...

 routes. The Home Office’s position on this is clear. Page 18 of the Home Office Guidance “Family Migration: Appendix FM Section 1.0b Family Life (as a Partner or Parent) and Private Life: 10-Year Routes” (Version 1.0, published on 22 February 2018)...

Minimum income requirement under Appendix FM: is there room for flexibility?
By Jasmine Theilgaard

As has been discussed in one of our previous blog posts, the minimum income requirements for those applying for entry clearance to the UK as a the spouse of a British citizen or settled person can be difficult to meet. The minimum income requirement According to...

 Appendix FM to the Immigration Rules applicants for entry clearance  must provide evidence of an annual income of at least £18,600, plus an additional £3,800 for the first child and £2,400 for each additional child. If the applicant’s partner is not...

Fiancé(e) visa FAQ
By Richmond Chambers

What is a Fiancé(e) visa? A Fiancé(e) visa allows a British or settled person in the UK to bring their non-EEA fiancé to join them in the UK with the intention of getting married within six months of being granted the visa. Am I eligible to apply for a Fiancé(e)...

 visa? In order to qualify for a Fiancé(e) visa, you will need to satisfy UK Visas and Immigration that: Your partner is British or holds Indefinite Leave to Remain in the UK; You are both over the age of 18; You have met in person; You are both free...

What is a genuine and subsisting relationship?
By Nadine McGarry

If you are a spouse who wishes to join your partner in the UK, who is British or settled, the specified evidence for the relationship requirements set out in Appendix FM, including in relation to the genuine and subsisting relationship requirement, can seem scarce...

 when compared to the financial requirements rules. The latter set out mandatory evidence that must be provided in order to prove that you meet or exceed the minimum threshold. Section E-ECP.2.6 states that the relationship between the applicant and...

Partners and Family Visa Success Stories
By Richmond Chambers

Our immigration barristers have assisted clients from all over the world to join and remain with their spouses, civil partners, unmarried partners, fiancé(e)s and other relatives in the UK. Partners and Family Visa Success Stories Some examples of our successful...

 clients include: Our immigration barristers assisted an Australian national to join her British husband in the UK. Her husband was the director of three businesses and was paid a combination of salary and dividends from each company. We were able to...

Adult Dependent Relatives - Ribeli v Entry Clearance Officer, Pretoria
By Alexandra Pease

In an earlier blog post we examined the Immigration rules relating to adult dependent relatives which were introduced in July 2012.   The position was recently examined in the decision of Ribeli v Entry Clearance Officer, Pretoria [2018] EWCA Civ 611. This was...

 an appeal from a decision of the Upper Tribunal (Immigration and Asylum Chamber) dated 20 January 2016, which was itself an appeal by the Respondent Entry Clearance Officer from a First-tier Tribunal decision dated 31 March 2015. The Facts The Appellant...

Registering a Child Born in the UK as a British Citizen after 10 years
By Alexandra Pease

If your child was born in the UK and has lived in the UK they may be eligible to apply to register as a British citizen and it is an option you may wish to consider for a number of practical reasons. Entitlement to Register Section 1(4) of the British Nationality...

 Act 1981 states that a child born in the UK whose parents are not British or settled in the UK shall have an entitlement to register as a British citizen provided that in each of the first ten years of the child’s life, the number of days spent outside...
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