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LOCATION: Home » Knowledge Centre » Family Migration » Spouse & Civil Partner

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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...

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...

Court of Appeal rules on Appendix FM suitability criteria and criminal convictions
By Richmond Chambers

The Court of Appeal in Entry Clearance Officer -United States of America v MW (United States of America) & Ors [2016] EWCA Civ 1273 (14 December 2016) has ruled that an applicant attempting to enter the UK under...

 the Family Migration Rules will usually need to demonstrate "very compelling factors" for a decision to refuse entrance due to their criminal record to be overturned.FactsContact Our Immigration Barristers

Home Office Response To The Report On The Minimum Income Threshold - “Skype Families”
By Alexandra Pease

In July 2012, Immigration Rules came into effect that set a minimum threshold requirement of £18,600 per annum, for British citizens or those settled In the United Kingdom to sponsor a non EEA national. This threshold rises to £22,400 to sponsor a child who is...

 not British, with an additional £2,400 for each additional child who is not British thereafter. When considering cash savings the first £16,000 of savings are discounted. Employment overseas is no guarantee of work. Migrants partners with appropriate job...

Supreme Court rules English language requirement for partners is lawful but guidance may breach Article 8
By Lydia Watton

Applicants seeking to come to the UK to join their British, settled or refugee spouses are required to demonstrate their English language ability unless they are exempted. In R (on the applications of Ali and Bibi) v Secretary of State for the Home Department [2015]...

 UKSC 68 the British Appellants challenged this Rule (“the Rule”, saying that it was a violation of their right to family life with their foreign spouses. The Home Office has published guidance on the Rule, explaining when an applicant will...

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