- 0121 448 6350
- 07497 479 266
- info@qisimmigration.co.uk
- Mon - Fri 10:30 - 17:00
- 0121 448 6350
- 07497 479 266
- info@qisimmigration.co.uk
- Mon - Fri 10:30 - 17:00
Stabilising Your Future
To apply as a partner, you and your partner both need to be 18 or over.
Your partner must also either:
There is a requirement to provide proof of your civil partnership or marriage that is recognised in the UK. If you are a partner or fiancé, you will need to provide proof that you have been living together in a relationship for at least 2 years and that you will marry or enter a civil partnership within in 6 months of arriving in the UK.
There are also other requirements which must be met in order to apply & that is to say, you must have a good grasp of English and you must be able to financially support yourself and your dependents.
There are other options which allow you to apply or extend your permission to stay should you not meet the above requirements mentioned, i.e. family life as a parent under the five-year route. Please contact us for further information.
You must prove that:
What is domestic abuse?
Domestic abuse involves an incident or pattern of incidents of controlling, coercive, threatening, degrading, and /or violent behaviour, including sexual violence. This may include, but is not limited to:
Both men and women can be victims of domestic abuse.
You may be able to apply for ILR as a victim of domestic abuse or coercive behaviour if you are currently in the UK and were last granted leave to enter or remain in the UK as the spouse, civil partner, unmarried or same-sex partner of a British citizen or settled person. A settled person is an individual who has been granted permanent residence in the UK – either in the form of EU Settlement Scheme Settled Status or Indefinite Leave to Remain.
If you are destitute we can apply for your concessionary leave to remain which will give you the right to seek benefits whilst preparing for your application submission. If you are a victim of domestic abuse and are worried about your immigration status in the UK, please contact us at Quick Immigration Solutions and your case will be treated with the utmost sensitivity.
Discretionary leave to remain in the UK is granted to people who are able to prove to the Home Office that their circumstances are compelling on compassionate grounds or are such that they can be granted leave outside the immigration rules.
A person can apply for discretionary leave to remain via Article 8 of the European Convention on Human Rights (ECHR), through the argument that his or her removal from the UK will result in a breach of the obligation.
It can only be applied for within the UK and not abroad. The application is intended to cover compassionate and exceptional circumstances and should be used sparingly. It is best for you to seek advice before you make an application; our experts have vast experience in getting various people leave to remain under this category.
A person can leave the UK at any time under Discretionary Leave to Remain as there are no travel restrictions.
How many years is Discretionary Leave?
The period of leave granted may not be same in all the cases and will vary depending on your specific circumstances. However, in general, discretionary leave is granted for 30 Months after 9th July 2012, leading to Indefinite Leave to Remain in 10 years. Before 9th July 2012, discretionary leave was granted for 3 years, leading to Indefinite Leave to Remain in 6 years.
When a person is granted DL initially, this does not always mean a person is entitled to further leave or settlement. Subsequent leave could be granted if the applicant continues to meet the criteria in the current policy.
You may be eligible to apply for settlement (indefinite leave to remain in the UK) if your partner has died. Your partner must have either:
When to apply?
You can apply any time after your partner’s death. You do not have to wait until your current visa expires. You must be in the UK when you apply. Our team of experts have substantial experience working on such cases, with a high success rate to match – please contact us for more details.
On 15th March 2022, the Home Office published a 205-page Statement of Changes in Immigration Rules. Amongst the various changes introduced was the insertion of a new Appendix Private Life. This will take effect on 20th June 2022 and will apply to all applications made on or after that date, replacing paragraphs 276ADE to 276DH. Applications made before 20th June 2022 will be considered under the Rules in force on 19th June 2022, even if they are decided after that date.
Private Life Route – Leave to Remain/Permission to Stay and ILR/Settlement
In a similar fashion to the existing paragraphs 276ADE(1) and 276DE, Appendix Private Life maintains the option to apply for leave to remain (permission to stay) and indefinite leave to remain (settlement) on the Private Life route. For ease of reference, those can be split into sub-categories as follows:
Leave to Remain/Permission to stay on the Private life route:
For children born in the UK:
New category for dependant children born in the UK to a person on the private life route
A new category has been introduced: permission to stay and Settlement as a dependant child born in the UK to a person on the Private Life route. This is for children born in the UK who are not eligible for permission to stay or for settlement on the Private Life route on their own right (for instance, because they have not lived in the UK for at least 7 years) and who apply as dependants of their parents, who themselves are or have last been on the Private Life route.
Permission to stay/limited leave to remain on the private life route
The new Appendix introduces separate validity, suitability and eligibility requirements.
It is important to note that an application that does not meet all of the validity requirements will be invalid and may be rejected without being considered. That effectively means that, not only will there be no right of appeal against the rejection (as a human rights claim will not be considered to have been refused), but it is also likely that section 3C will not be engaged as no application to vary leave will be considered to have been made (although on some occasions an application will not be invalid from the outset, such as where there is a failure to enrol biometrics). For this reason, it is very important to ensure that the validity requirements are met prior to applying.
Suitability requirements under appendix private life
For permission to stay, the suitability requirements for a Private Life application are the same as those of the existing paragraph 276ADE(1)(i), namely those set out in S-LTR.1.2. to S-LTR.2.2. and S-LTR.3.1. to S-LTR.4.5. of Appendix FM. There is one addition: the Private Life application must not fall for refusal under paragraph 9.6.1. of Part 9 (the general grounds of refusal). This applies where the decision maker is satisfied that it is more likely than not that the applicant is, or has been, involved in a sham marriage or sham civil partnership.
Eligibility requirements under appendix private life
As set out above, the eligibility requirements for a Private Life application vary depending mainly on the age of the applicant and they mirror the requirements of paragraphs 276ADE(1)(iii) to (vi). No substantive changes have been made to these.
Children under 18
A child under 18 at the date of application will still need to show that they have been continuously resident in the UK for at least 7 years and that it would not be reasonable to expect them to leave the UK.
Young adults aged 18 or over and under 25 (who meet the half-life test)
A person aged 18 or over and under 25 at the date of the Private Life application (a young adult) will need to have spent at least half of their life continuously resident in the UK. The requirement includes having arrived in the UK before the age of 18. It is unclear what this adds, given that if a person had arrived in the UK after the age of 12 and a half, they would not meet the half-life test by the time they were under 25 in any event.
Adults 18 or over (who do not qualify as young adults)
A person aged 18 or over (who does not meet the half-life test above if under 25) must either show they have been continuously resident in the UK for more than 20 years, or satisfy the decision-maker that there would be very significant obstacles to their integration into the country where they would have to live if required to leave the UK. There is a separate provision precluding applicants from meeting the last requirement (the very significant obstacles test) if they have made a protection claim that was declared inadmissible under Part 11 of the Rules; this mirrors paragraph 276ADE(2) that refers to Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.
Continuity of residence
There are provisions on how to consider the continuity of residence on the Private Life route. It is worth noting that continuous residence will break if an applicant has spent a total of 550 days or more absent from the UK during the relevant period (as opposed to 18 months, which were previously considered erroneously by the Home Office to amount to 540 days and were found by the Upper Tribunal to consist of 548 days). The Home Office like their rounded numbers, it seems, and have —generously— given away an extra 2 days to make up for the previously missing 8.
Date for Consideration?
It is noteworthy that, whereas paragraph 276ADE was worded so that all the requirements for leave to remain had to be met at the date of application, Appendix Private Life is worded so that only the age of the applicant is assessed at the date of application, not the substantive requirements (for instance, whether a child has been continuously resident in the UK for at least 7 years or whether an adult has for more than 20 years, or whether the half-life test is met). Neither does paragraph PL 9.1. (the “Decision” paragraph) refer to the date of application as the date for the assessment of the relevant eligibility or suitability requirements. Does that mean that these should be assessed at the date of consideration/decision? In the absence of express wording, that is arguable and could be relied on to an applicant’s favour.
Reliance on Article 8 ECHR
Finally, there is a category for individuals that do not meet some suitability requirements or the eligibility requirements. In order to be granted leave on the Private Life route, the decision maker must be satisfied that refusal of leave would breach Article 8 of the Human Rights Convention on the basis of private life (paragraph PL 8.1.). However, an application on the Private Life route will still be refused notwithstanding this, if the person falls for refusal under suitability paragraphs S-LTR.1.2., S-LTR.1.3., S-LTR.1.4., S-LTR.1.5., S-LTR.1.6 or S-LTR 1.8 (the “mandatory” suitability grounds). That is provided by paragraph PL 8.2.
The grant of permission on the Private Life route will permit work and study (subject to the ATAS condition) as part of its conditions. There will be no access to public funds unless the applicant is destitute or at risk of imminent destitution, or there are prevailing reasons relating to the welfare of a relevant child. Police registration will be required where Part 10 of the Immigration Rules applies.
It can be a complex area to understand, but our team of experts can help with the Private Life route – please contact us for more information, as there are number of strict requirements mandatory guidelines that you must operate within.
The Immigration Rules contain the framework for immigration applications and claims engaging Article 8 of the ECHR (the right to respect for private and family life). Appendix FM of the Immigration Rules provides routes to entry clearance based on family life.
If you wish to make an application under Appendix FM, it is useful to consult the Home Office guidance on the rules. The guidance gives a detailed explanation of the requirements that must be met and advises on the documents that should be provided in support of the application.
What are Appendix FM applications for?
Appendix FM applications are for individuals who are Non-European Nationals, and who are seeking to enter or remain in the UK on the basis of their family life with a person who is either a British Citizen, is settled in the UK or has refugee status or humanitarian protection.
Who can apply?
Individuals can apply to enter or remain in the UK under Appendix FM if they are a:
What is Part 8 of the Immigration Rules?
Part 8 of the Immigration Rules sets out the requirements for leave to enter or remain in the UK under the categories of spouse, civil partners, fiancée, unmarried partner, victim of domestic abuse, children etc. In a nutshell, it is for applications submitted as family members of persons living in the UK permanently.
What is Appendix FM Child Visa?
Appendix FM is used for applications for children where the parents are entering the UK under Appendix FM themselves or have already entered into the UK and they are living in the UK:
Appendix FM is a complex area to understand, but our team of experts can help with simplifying what you need to know – please contact us for more information, as there are number of strict requirements mandatory guidelines that you must operate within.
Our team will give you expert advice that has been specifically tailored to your case.
Fixed fees offered in all cases with no hidden costs.
Detailed consultations offered in all cases.
With over 10 years of experience, we have worked on many cases with a high success rate.
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Same day appointments can be offered wherever feasible.
We are a team of immigration specialists who pride ourselves on providing expert and efficient immigration advice and services to all our clients.
We are a team of immigration specialists who pride ourselves on providing expert and efficient immigration advice and services to all our clients.
We are a team of immigration specialists who pride ourselves on providing expert and efficient immigration advice and services to all our clients.