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(a) An applicant for entry clearance, limited leave to enter or remain or indefinite leave to remain as a partner under Appendix FM (except as a fiancé(e) or proposed civil partner) or Appendix...
- Appendix Fm: Family Members
If paragraph GEN.3.2.(3) applies to an applicant for entry...
- Appendix Fm: Family Members
- General
- Exceptional circumstances
- Family life with a partner
- Section EX: Exceptions to certain eligibility requirements for leave to remain as a partner or parent
- Bereaved partner
- Victim of domestic abuse
- Family life as a child of a person with limited leave as a partner or parent
- Family life as a parent of a child in the UK
- Adult dependent relative
Section GEN: General Purpose
GEN.1.1. This route is for those seeking to enter or remain in the UK on the basis of their family life with a person who is a British Citizen, is settled in the UK, is in the UK with protection status (and the applicant cannot seek entry clearance or permission as their family member under Appendix Family Reunion (Protection) of these rules), is in the UK with permission as a Stateless person, is in the UK with limited leave under Appendix EU, or is in the UK with limited leave as a worker or business person by virtue of either Appendix ECAA Extension of Stay or under the provisions of the relevant 1973 Immigration Rules (or Decision 1/80) that underpinned the European Community Association Agreement (ECAA) with Turkey prior to 1 January 2021. It sets out the requirements to be met and, in considering applications under this route, it reflects how, under Article 8 of the Human Rights Convention, the balance will be struck between the right to respect for private and family life and the legitimate aims of protecting national security, public safety and the economic well-being of the UK; the prevention of disorder and crime; the protection of health or morals; and the protection of the rights and freedoms of others (and in doing so also reflects the relevant public interest considerations as set out in Part 5A of the Nationality, Immigration and Asylum Act 2002). It also takes into account the need to safeguard and promote the welfare of children in the UK, in line with the Secretary of State’s duty under section 55 of the Borders, Citizenship and Immigration Act 2009.
Definitions
GEN.1.2. For the purposes of this Appendix “partner” includes the applicant’s fiancé(e) or proposed civil partner (unless a different meaning of partner applies elsewhere in this Appendix). GEN.1.3. For the purposes of this Appendix (a) “application for leave to remain” also includes an application for variation of leave to enter or remain by a person in the UK; (b) references to a person being present and settled in the UK also include a person who is being admitted for settlement on the same occasion as the applicant; (c) references to a British Citizen in the UK also include a British Citizen who is coming to the UK with the applicant as their partner or parent; (d) references to a person being “in the UK with limited leave under Appendix EU” mean an EEA national in the UK who holds valid limited leave to enter or remain granted under paragraph EU3 of Appendix EU to these Rules on the basis of meeting condition 1 in paragraph EU14 of that Appendix; and (e) references to a person being “in the UK with limited leave as a worker or business person under Appendix ECAA Extension of Stay” mean a person granted such leave by virtue of either Appendix ECAA Extension of Stay or under the provisions of the relevant 1973 Immigration Rules (or Decision 1/80) that underpinned the European Community Association Agreement (ECAA) with Turkey prior to 1 January 2021. GEN.1.4. In this Appendix “specified” means specified in Appendix FM-SE, unless otherwise stated. GEN.1.5. If the Entry Clearance Officer, or Secretary of State, has reasonable cause to doubt the genuineness of any document submitted in support of an application, and having taken reasonable steps to verify the document, is unable to verify that it is genuine, the document will be discounted for the purposes of the application. GEN.1.6. For the purposes of paragraph E-ECP.4.1.(a); E-LTRP.4.1.(a); E-LTRP.4.1A.(a); E-ECPT. 4.1(a); E-LTRPT.5.1.(a); and E-LTRPT.5.1A.(a) the applicant must be a national of Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; the British Overseas Territories; Canada; Dominica; Grenada; Guyana; Jamaica; Malta; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; or the United States of America. GEN.1.7. In this Appendix references to paragraphs are to paragraphs of this Appendix unless the context otherwise requires. GEN.1.8. Paragraphs 277-280, 289AA, 295AA and 296 of Part 8 of these Rules shall apply to this Appendix. GEN.1.9. In this Appendix: (a) the requirement to make a valid application will not apply when the Article 8 claim is raised: (i) as part of an asylum claim, or as part of a further submission in person after an asylum claim has been refused; (ii) where a migrant is in immigration detention. A migrant in immigration detention or their representative must submit any application or claim raising Article 8 to a prison officer, a prisoner custody officer, a detainee custody officer or a member of Home Office staff at the migrant’s place of detention; or (iii) in an appeal (subject to the consent of the Secretary of State where applicable); and (b) where an application or claim raising Article 8 is made in any of the circumstances specified in paragraph GEN.1.9.(a), or is considered by the Secretary of State under paragraph A277C of these rules, the requirements of paragraphs R-LTRP.1.1.(c) and R-LTRPT.1.1.(c) are not met. GEN.1.10. Where paragraph GEN.3.1.(2) or GEN.3.2.(3) applies, and the applicant is granted entry clearance or leave to enter or remain under, as appropriate, paragraph D-ECP.1.2., D-LTRP.1.2., D-ECC.1.1., D-LTRC.1.1., D-ECPT.1.2. or D-LTRPT.1.2., that grant of entry clearance or leave to enter or remain will be subject to a condition of no recourse to public funds unless the decision-maker considers, with reference to paragraph GEN.1.11A., that the applicant should not be subject to such a condition. GEN.1.11. Where entry clearance or leave to enter or remain is granted under this Appendix (and without prejudice to the specific provision that is made in this Appendix in respect of a no recourse to public funds condition), that leave may be subject to such conditions as the decision-maker considers appropriate in a particular case. GEN.1.11A. Where entry clearance or leave to remain as a partner, child or parent is granted under D-ECP.1.2., D-LTRP.1.2., D-ECC.1.1., D-LTRC.1.1., D-ECPT.1.2. or D-LTRPT.1.2., if the decision maker is satisfied that: (a) the applicant is destitute as defined in section 95 of the Immigration and Asylum Act 1999, or is at risk of imminent destitution; or (b) there are reasons relating to the welfare of a relevant child which outweigh the considerations for imposing or maintaining the condition (treating the best interests of a relevant child as a primary consideration); or (c) the applicant is facing exceptional circumstances affecting their income or expenditure then the applicant will not be subject to a condition of no access to public funds. If the decision maker is not so satisfied, the applicant will be subject to a condition of no access to public funds. GEN 1.11B. For the purposes of GEN 1.11A ‘relevant child’ means a person who: (a) is under the age of 18 years at the date of application; and (b) it is clear from the information provided by the applicant, is a child who would be affected by a decision to impose or maintain the no access to public funds condition. GEN.1.12. In this Appendix, “decision-maker” refers, as the case may be, to the Secretary of State, an Immigration Officer or an Entry Clearance Officer. GEN.1.13. For the purposes of paragraphs D-LTRP.1.1., D-LTRP.1.2., DILRP.1.2., D-LTRPT.1.1., D-LTRPT.1.2. and D-ILRPT.1.2. (excluding a grant of limited leave to remain as a fiancé(e) or proposed civil partner), where at the date of application the applicant has extant leave as a partner or parent (as applicable) granted under this Appendix, the remaining period of that extant leave up to a maximum of 28 days will be added to the period of limited leave to remain granted under that paragraph (which may therefore exceed 30 months). GEN.1.14. Where a person aged 18 or over is granted entry clearance or limited leave to enter or remain under this Appendix, or where a person granted such entry clearance or limited leave to enter or remain will be aged 18 before that period of entry clearance or limited leave expires, the entry clearance or leave will, in addition to any other conditions which may apply, be granted subject to the conditions in Appendix ATAS of these rules. GEN.1.15. Where, pursuant to paragraph D-ILRP.1.2., D-ILRP.1.3., D-ILRPT.1.2. or D-ILRPT.1.3., a person who has made an application for indefinite leave to remain under this Appendix does not meet the requirements for indefinite leave to remain, but the Secretary of State believes they may qualify for limited leave to remain under this Appendix or under Appendix Private Life: (a) the Secretary of State will instead treat the application for indefinite leave to remain as an application for limited leave to remain; and (b) the Secretary of State will notify the applicant in writing of any requirement to pay an immigration health charge under the Immigration (Health Charge) Order 2015 in relation to that application for limited leave to remain; and (c) if any requested immigration health charge is not paid, the application for limited leave to remain will be invalid and will not be considered and the Secretary of State will not refund any fee paid in respect of the application for indefinite leave to remain. GEN.1.16. Where an application or claim raising Article 8 is considered under Appendix FM and EX.1. applies, the requirements of paragraphs R-LTRP.1.1.(c) and R-LTRPT.1.1.(c) are not met. GEN.1.17. An application for settlement as a partner or parent (or the dependent child of a partner or parent) on the basis of a 10-year qualifying period for settlement must meet the requirements under Appendix Settlement Family Life (and the application for settlement will not be considered under this Appendix).
Leave to enter
GEN.2.1. Subject to paragraph GEN.2.3., the requirements to be met by a person seeking leave to enter the UK under this route are that the person- (a) must have a valid entry clearance for entry under this route; and (b) must produce to the Immigration Officer on arrival a valid national passport or other document satisfactorily establishing their identity and nationality. GEN.2.2. If a person does not meet the requirements of paragraph GEN.2.1. entry will be refused. GEN.2.3.(1). Where an applicant for leave to enter the UK remains in the UK on immigration bail and the requirements of sub-paragraph (2) are met, paragraph GEN.1.10., D-LTRP.1.2., D-LTRC.1.1. or D-LTRPT.1.2. (as appropriate) will apply, as if paragraph D-LTRP.1.2., D-LTRC.1.1. or D-LTRPT.1.2. (where relevant) provided for the granting of leave to enter not leave to remain (and except that the references to leave to remain and limited leave to remain are to be read as leave to enter). (2). The requirements of this sub-paragraph are met where: (a) the applicant satisfies the requirements in paragraph R-LTRP.1.1.(a), (b) and (d), paragraph R-LTRC.1.1.(a), (b) and (d) or paragraph R-LTRPT.1.1.(a), (b) and (d), as if those were requirements for leave to enter not leave to remain (and except that the references to leave to remain and indefinite leave to remain are to be read as leave to enter); or (b) a parent of the applicant has been granted leave to enter in accordance with this paragraph and the applicant satisfies the requirements in paragraph R-LTRC.1.1.(a), (b) and (d), as if those were requirements for leave to enter not leave to remain and as if paragraph R-LTRC.1.1.(d)(iii) referred to a parent of the applicant being or having been granted leave to enter in accordance with this paragraph (and except that the references to leave to remain are to be read as leave to enter).
1.GEN.3.1.(1) Where:
2.(a) the financial requirement in paragraph E-ECP.3.1., E-LTRP.3.1. (in the context of an application for limited leave to remain as a partner), E-ECC.2.1. or E-LTRC.2.1. applies, and is not met from the specified sources referred to in the relevant paragraph; and
3.(b) it is evident from the information provided by the applicant that there are exceptional circumstances which could render refusal of entry clearance or leave to remain a breach of Article 8 of the European Convention on Human Rights, because such refusal could result in unjustifiably harsh consequences for the applicant, their partner or a relevant child; then
the decision-maker must consider whether such financial requirement is met through taking into account the sources of income, financial support or funds set out in paragraph 21A(2) of Appendix FM-SE (subject to the considerations in sub-paragraphs (3) to (8) of that paragraph).
(2) Where the financial requirement in paragraph E-ECP.3.1., E-LTRP.3.1. (in the context of an application for limited leave to remain as a partner), E-ECC.2.1. or E-LTRC.2.1. is met following consideration under sub-paragraph (1) (and provided that the other relevant requirements of the Immigration Rules are also met), the applicant will be granted entry clearance or leave to remain under, as appropriate, paragraph D-ECP.1.2., D-LTRP.1.2., D-ECC.1.1. or D-LTRC.1.1. or paragraph 315 or 316B of the Immigration Rules.
GEN.3.2.(1) Subject to sub-paragraph (4), where an application for entry clearance or leave to enter or remain made under this Appendix, or an application for leave to remain which has otherwise been considered under this Appendix, does not otherwise meet the requirements of this Appendix or Part 9 of the Rules, the decision-maker must consider whether the circumstances in sub-paragraph (2) apply.
Section EC-P: Entry clearance as a partner
EC-P.1.1. The requirements to be met for entry clearance as a partner are that- (a) the applicant must be outside the UK; (b) the applicant must have made a valid application for entry clearance as a partner; (c) the applicant must not fall for refusal under any of the grounds in Section S-EC: Suitability–entry clearance; and (d) the applicant must meet all of the requirements of Section E-ECP: Eligibility for entry clearance as a partner.
Section S-EC: Suitability-entry clearance
S-EC.1.1. The applicant will be refused entry clearance on grounds of suitability if any of paragraphs S-EC.1.2. to 1.9. apply. S-EC.1.2. The Secretary of State has personally directed that the exclusion of the applicant from the UK is conducive to the public good. S-EC.1.3. The applicant is currently the subject of a deportation order. S-EC.1.4. The exclusion of the applicant from the UK is conducive to the public good because they have: (a) been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 4 years; or (b) been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 12 months but less than 4 years, unless a period of 10 years has passed since the end of the sentence; or (c) been convicted of an offence for which they have been sentenced to a period of imprisonment of less than 12 months, unless a period of 5 years has passed since the end of the sentence. S-EC.1.5. The exclusion of the applicant from the UK is conducive to the public good because, for example, the applicant’s conduct (including convictions which do not fall within paragraph S-EC.1.4.), character, associations, or other reasons, make it undesirable to grant them entry clearance. S-EC.1.6. The applicant has failed without reasonable excuse to comply with a requirement to- (a) attend an interview; (b) provide information; (c) provide physical data; or (d) undergo a medical examination or provide a medical report. S-EC.1.7. It is undesirable to grant entry clearance to the applicant for medical reasons. S-EC.1.8. The applicant left or was removed from the UK as a condition of a caution issued in accordance with section 22 of the Criminal Justice Act 2003 less than 5 years prior to the date on which the application is decided. S-EC.1.9. The Secretary of State considers that the applicant’s parent or parent’s partner poses a risk to the applicant. That person may be considered to pose a risk to the applicant if, for example, they - – (a) have a conviction as an adult, whether in the UK or overseas, for an offence against a child; (b) are a registered sex offender and have failed to comply with any notification requirements; or (c) are required to comply with a sexual risk order made under the Anti-Social Behaviour, Crime and Policing Act 2014 and have failed to do so. S-EC.2.1. The applicant will normally be refused on grounds of suitability if any of paragraphs S-EC.2.2. to 2.5. apply. S-EC.2.2. Whether or not to the applicant’s knowledge- (a) false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or (b) there has been a failure to disclose material facts in relation to the application. S-EC.2.3. DELETED. S-EC.2.4. A maintenance and accommodation undertaking has been requested or required under paragraph 35 of these Rules or otherwise and has not been provided. S-EC.2.5. The exclusion of the applicant from the UK is conducive to the public good because: (a) within the 12 months prior to the date on which the application is decided, the person has been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record; or (b) in the view of the Secretary of State: (i) the person’s offending has caused serious harm; or (ii) the person is a persistent offender who shows a particular disregard for the law. S-EC.3.1. The applicant may be refused on grounds of suitability if the applicant has failed to pay litigation costs awarded to the Home Office. S-EC.3.2. The applicant may be refused on grounds of suitability if one or more relevant NHS bodies has notified the Secretary of State 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 £500.
Section E-ECP: Eligibility for entry clearance as a partner
E-ECP.1.1. To meet the eligibility requirements for entry clearance as a partner all of the requirements in paragraphs E-ECP.A1.1. to 4.2. must be met. E-ECP.A1.1. The applicant must provide a passport or other document which satisfactorily establishes their identity and nationality.
EX.1. This paragraph applies if
1.(a)
2.(i) the applicant has a genuine and subsisting parental relationship with a child who-
3.(aa) is under the age of 18 years, or was under the age of 18 years when the applicant was first granted leave on the basis that this paragraph applied;
4.(bb) is in the UK;
5.(cc) is a British Citizen or has lived in the UK continuously for at least the 7 years immediately preceding the date of application ;and
Section BPILR: Indefinite leave to remain (settlement) as a bereaved partner
BPILR.1.1. DELETED
Section E-BPILR: Eligibility for indefinite leave to remain as a bereaved partner
E-BPILR.1.1. DELETED E-BPILR.1.2. DELETED E-BPILR.1.3. DELETED E-BPILR.1.4. DELETED
Section D-BPILR: Decision on application for indefinite leave to remain as a bereaved partner
D-BPILR.1.1. DELETED D-BPILR.1.2. DELETED D-BPILR.1.3. DELETED
Section DVILR: Indefinite leave to remain (settlement) as a victim of domestic abuse
DVILR.1.1. DELETED
Section E-DVILR: Eligibility for indefinite leave to remain as a victim of domestic abuse
E-DVILR.1.1. DELETED E-DVILR.1.2. DELETED E-DVILR.1.3. DELETED Section D-DVILR: Decision on application for indefinite leave to remain as a victim of domestic abuse D-DVILR.1.1. DELETED D-DVILR.1.2. DELETED D-DVILR.1.3. DELETED
Section EC-C: Entry clearance as a child
EC-C.1.1. The requirements to be met for entry clearance as a child are that- (a) the applicant must be outside the UK; (b) the applicant must have made a valid application for entry clearance as a child; (c) the applicant must not fall for refusal under any of the grounds in Section S-EC: Suitability for entry clearance; and (d) the applicant must meet all of the requirements of Section E-ECC: Eligibility for entry clearance as a child.
Section E-ECC: Eligibility for entry clearance as a child
E-ECC.1.1. To meet the eligibility requirements for entry clearance as a child all of the requirements of paragraphs E-ECC.A1.1. to 2.4. must be met. E-ECC.A1.1. The applicant must provide a passport or other document which satisfactorily establishes their identity and nationality.
Relationship requirements
E-ECC.1.2. The applicant must be under the age of 18 at the date of application. E-ECC.1.3. The applicant must not be married or in a civil partnership. E-ECC.1.4. The applicant must not have formed an independent family unit. E-ECC.1.5. The applicant must not be leading an independent life. E-ECC.1.6. One of the applicant’s parents must be in the UK with limited leave to enter or remain, or be being granted, or have been granted, entry clearance, as a partner or a parent under this Appendix (referred to in this section as the “applicant’s parent”), and (a) the applicant’s parent’s partner under Appendix FM is also a parent of the applicant;or (b) the applicant’s parent has had and continues to have sole responsibility for the child’s upbringing; or (c) there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care.
Section EC-PT: Entry clearance as a parent of a child in the UK
EC-PT.1.1. The requirements to be met for entry clearance as a parent are that- (a) the applicant must be outside the UK; (b) the applicant must have made a valid application for entry clearance as a parent; (c) the applicant must not fall for refusal under any of the grounds in Section S-EC: Suitability–entry clearance; and (d) the applicant must meet all of the requirements of Section E-ECPT: Eligibility for entry clearance as a parent.
Section E-ECPT: Eligibility for entry clearance as a parent
E-ECPT.1.1. To meet the eligibility requirements for entry clearance as a parent all of the requirements in paragraphs E-ECPT.A1.1. to 4.2. must be met. E-ECPT.A1.1. The applicant must provide a passport or other document which satisfactorily establishes their identity and nationality.
Relationship requirements
E-ECPT.2.1. The applicant must be aged 18 years or over. E-ECPT.2.2. The child of the applicant must be- (a) under the age of 18 years at the date of application; (b) living in the UK; and (c) a British Citizen, settled in the UK, or in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d). E-ECPT.2.3. Either - (a) the applicant must have sole parental responsibility for the child; or (b) the parent or carer with whom the child normally lives must be- (i) a British Citizen in the UK, settled in the UK, or in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d); (ii) not the partner of the applicant; and (iii) the applicant must not be eligible to apply for entry clearance as a partner under this Appendix. E -ECPT.2.4. (a) The applicant must provide evidence that they have either- (i) sole parental responsibility for the child; or (ii) direct access (in person) to the child, as agreed with the parent or carer with whom the child normally lives or as ordered by a court in the UK; and (b) The applicant must provide evidence that they are taking, and intend to continue to take, an active role in the child’s upbringing.
Section EC-DR: Entry clearance as an adult dependent relative
EC-DR.1.1. DELETED.
Section E-ECDR: Eligibility for entry clearance as an adult dependent relative
E-ECDR.1.1. DELETED.
Relationship requirements
E-ECDR.2.1. DELETED E-ECDR.2.2. DELETED. E-ECDR.2.3. DELETED. E-ECDR.2.4. DELETED. E-ECDR.2.5. DELETED.
(a) must have a valid entry clearance for entry under this route; and (b) must produce to the Immigration Officer on arrival a valid national passport or other document satisfactorily establishing their identity and nationality.
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Guidance on Appendix FM 1.7a updated and renamed 'Appendix FM and adult dependent relatives: maintenance and accommodation'. COVID-19 concession section also updated.
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