Fiancé(e) / proposed civil partner / spouse / civil partner / unmarried partner / same-sex partner applications under Appendix FM
If you are one of the following:
• Partner: fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner, same-sex partner of a person who is a British Citizen or present in the UK or in the UK with limited leave as a refugee or person grated humanitarian protection
• Bereaved partner (in the UK) (other than a fiancé(e) or proposed civil partner) of a British Citizen or person settled in the UK
• Parent of a British Citizen child living in the UK or a settled child living in the UK,
and you first applied on or after 9 July 2012 for entry clearance or leave to remain, then any application for entry clearance, leave to remain, further leave to remain or indefinite leave to remain (“ILR”) that you make will be decided in line with the Immigration Requirements set in Appendix FM of the Immigration Rules.
From 6 April 2015 all applications for leave to enter or remain in the UK under the 5 years’ partner or parent route are subject to Immigration Health Surcharge.
Key points for applications under the 5-year partner route:
• You and your partner must be aged 18 or over at the date of application
• You must meet all of the suitability and eligibility requirements: relationship, financial and English language requirements, as well as Immigration Status requirement (where applicable) at every application stage
• There must be no recourse to public funds
• The fiancé(e) and proposed civil partner visa is valid for a period of up to 6 months. Within that period, you must register your marriage and submit a subsequent application under the spousal or civil partner route of Appendix FM
• Fiancé(e) and proposed civil partner visas are subject to a prohibition on employment
• An entry clearance visa is granted to a spouse / civil partner / unmarried or same-sex partner for a period of 33 months with the possibility of an extension for a further period of 30 months
• A Leave to Remain visa is granted for a period of 30 months with the possibility of an extension for a further period of 30 months
• Having lawfully spent 5 consecutive years in the UK as a spouse / civil partner / unmarried partner / same-sex partner, you are eligible to apply for settlement and subsequently for British nationality and a British passport
• Any period of time spent in the UK under a fiancé(e) or proposed civil partner visa is not counted towards the 5-year qualifying period
• You should apply for further leave to remain no more than 28 days before the expiry of your leave or no more than 28 days before completing 30 months in the UK on such leave
• If you are applying for leave to remain, as of 1 May 2017, you are required to provide evidence of you meeting English language requirements in speaking and listening at a minimum of level A2 of the CEFR with a provider approved by the Home Office
• From 28 October 2013, all applicants for settlement are required to present speaking and listening qualifications at CEFR level B1 or above and pass the Life in the UK test
If you are applying for entry clearance, leave to remain, or indefinite leave to remain in the UK under Appendix FM of the Immigration Rules, you must meet the minimum income requirement, which is currently set at the level of £18,600 per annum. An additional gross annual income of £3,800 is required for the first child sponsored in addition to the partner and an additional £2,400 for each further child.
There are several ways of meeting the financial requirement under Appendix FM. Please get in touch with our Immigration advisers and lawyers in order to assess how the financial requirement could be met in your particular case scenario.
Our Immigration team has also assisted partners applying under Appendix Armed Forces of the Immigration Rules. At present, the British Armed Forces consists of: the Royal Navy, the Royal Marines, the British Army and the Royal Air Force. When applying under this Appendix, you must meet all the suitability and eligibility requirements: relationship, financial and English language requirements, at every application stage. Under Appendix Armed Forces, leave to enter the UK is usually granted for 5 years, subject to the visa holder having no recourse to public funds, and in the case of a fiancé(e) or proposed civil partner, a prohibition on employment.
A holder of a visa under this visa category will be eligible to apply for Indefinite Leave to Remain upon having completed a continuous period of 60 months on leave which was granted under this Appendix and upon meeting all relevant Immigration Requirements.
Our solicitors have had many years of experience assisting applicants with their entry clearance, extension and indefinite leave to remain applications under Appendix FM and Appendix Armed Forces of the Immigration Rules and subsequent applications for British nationality and passports.
We will provide you with tailored advice to your specific case scenario to ensure that the Immigration Requirements are met. Please do not hesitate to contact us should you require any assistance with your application.
*Please note that requirements may vary from case to case based on the nuances of your situation, and the information on this page is not intended to replace legal advice.