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Appendix Fm Partner Notes

LPC Law Notes > Immigration Notes

This is an extract of our Appendix Fm Partner document, which we sell as part of our Immigration Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Immigration Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

APPENDIX FM PARTNER Leave to remain (R-LTRP.1.1) Overview of requirements: a) The applicant and his partner must be in the UK; b) The applicant must have made a valid application for limited or indefinite leave to remain as a partner; and either c) (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 d) (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 SUITABILITY Mandatory grounds:

ELIGIBILITY Relationship

S-LTR 1.2 - subject to a deportation order S-LTR 1.3 - presence of A is not conducive to public good because he has been convicted for an offence for which he has been sentenced to imprisonment for at least 4 years S-LTR 1.4 - presence of A is not conducive to public good because he has been convicted of an offence for which he has been sentenced to imprisonment for less than 4 years but at least 12 months. S-LTR 1.5 - presence of A is not conducive to public good because in the view of SoS, his offending has caused serious harm or he is a persistent offender who shows particular disregard for the law S-LTR 1.6 - presence of A is not conducive to public good because his conduct, character, associations, or other reasons, make it undesirable to allow him to remain S-LTR 1.7 - A has failed without reasonable excuse to comply with a requirement to attend an interview; provide information; provide physical data; or undergo a medical examination or provide medical report.

Same as that required for entry clearance E-LTRP 1.2-1.10.

Discretionary grounds

Immigration Requirements

S-LTR 2.2 - whether or not to the A's knowledge: (a) false information, representations or documents have been submitted in relation to the

Certain people are excluded from switching into this category - visitor, or person with valid leave granted for a period of 6 months or less, unless that

A to provide evidence that since EC as a partner was granted, or since the last grant of limited leave, A and his P have lived together in the UK, or there is good reason with consistent continuing intention to live together in the UK permanently (E-LTRP 1.10) If A is in the UK with leave as fiancee or proposed CP and marriage and CP did not take place during period of leave, there must be a good reason why it did not and evidence must be produced that it will take place in the next 6 months. Such leave will only be for 6 months with condition that no recourse to public funds and no work (E-LTRP 1.11) A's partner cannot be the A's fiance or proposed CP(Civil Partner), unless A was granted EC as that person's fiance or proposed CP (E-LTRP 1.12)

application (including false information given to someone else to obtain a document used in support); or (b) there has been a failure to disclose material facts in relation to the application. S-LTR 2.3 - one or more relevant NHS body has notified the SoS that the applicant has failed to pay charges in accordance with the relevant NHS regulations on charges to overseas visitors and the outstanding charges have a total value of at least PS1,000 S-LTR 2.4 - a maintenance and accommodation undertaking has been requested under para. 35 of the Rules and has not been provided.

leave is as a fiance or proposed CP, or a person on temporary admission (E-LTRP 2.1) A must not be in the UK in breach of immigration laws (disregarding any period of overstaying for a period of 28 days or less), unless para. EX.1 applies. (E-LTRP 2.2)

Financial requirements By Paras E-LTRP 3.1 - 3.3, same financial provisions apply as for EC. Key differences: a) Income from specified lawful employment or self-employment (Cat A, B, F and G) of the A can now be included to meet the financial requirement, provided he is in the UK with permission to work. Only partner prohibited from working is a fiance(e) or proposed CP. b) An applicant does not have to meet the financial requirement, nor the alternative maintenance test, if para. EX.1 applies. Accommodation Same accommodation requirements from EC applies, unless EX.1 applies. English language requirement If A has not already met this requirement in the EC, then A must do so now, unless EX.1 applies.

Indefinite leave to remain (settlement) as a Partner Who can apply?

Two different situations: a) Where a person has completed a 5 year family route to settlement, i.e. 2 periods of 30 months' leave, and b) Where a person has completed 10 year family route to settlement, i.e. 4 periods of 30 months' leave Overview of requirements: a) b) c) d) e)

A and his P must be in the UK; A must have valid application for indefinite leave to remain as a partner; A must not fall for refusal under any of the grounds in S-ILR A must meet all requirements under E-LTRP A must meet all requirements of E-ILRP

Eligibility requirements:For financial requirements, any cash savings exceeding PS16,000, will all be counted

Income

ILR minimum savings requirements

No other relevant income

PS34,600 (PS16,000 + short fall of PS18,600)

Other relevant income of PS15,000

PS19,600 (PS16,000 + short fall of PS3,600)

Other relevant income of PS18,000

PS16,600 (PS16,600 + and short fall of PS600)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 fiance(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.

INDEFINITE LEAVE TO REMAIN (SETTLEMENT) AS A BEREAVED PARTNER

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