Jo Renshaw

This Practice Note looks at the requirement of ‘adequate maintenance’ as it applies to partners and children applying under Appendix FM of the Immigration Rules where the sponsoring partner is receiving one or more specified benefits, parents applying under Appendix FM of the Immigration Rules, partners and children applying under Part 8 of the Immigration Rules and Adult Dependent Relatives applying under Appendix Adult Dependent Relative of the Immigration Rules. It looks at the definition of specified benefits, assessing the adequacy of the funds available, what income can be taken into account (including the different position under Appendix Adult Dependent Relative, Appendix FM and Part 8) and relying in whole or in part on cash savings. It also looks at prospective employment and third party support, which can be considered in Part 8 applications only.

This Practice Note considers the circumstances in which applicant partners and parents can rely on Section EX: Exception of Appendix FM, if they are applying for leave to remain and do not meet all of the requirements of the five-year route under Appendix FM, Family life as a partner or parent. Section: EX represents one element of the Home Office’s intention to incorporate Article 8 of the European Convention on Human Rights family life assessments within the Immigration Rules, and there is a degree of overlap with the other two arms of the ten-year route to settlement, the two sets of the Exceptional circumstances provisions in para GEN.3. The eligibility criteria in para EX.1 are split into those based on a relationship with a child and those based on a relationship with a partner. The Practice Note looks at these criteria, including the test within the Immigration Rules as to whether or not there are ‘insurmountable obstacles’ to family life with a partner continuing outside the UK.

This Practice Note considers the suitability requirements which apply to all Appendix FM applications. It also looks at the grounds of refusal found in Part 9 of the Immigration Rules which also apply to refusal of leave to enter at port, and to cancellation of existing leave, as regards persons with existing leave under Appendix FM.

This Practice Note looks at which Bulgarian and Romanian (A2) nationals were required to obtain permission to work in the UK during the accession period under the Accession (Immigration and Worker Authorisation) Regulations 2006, and the different types of application and relevant forms that applied.

This Practice Note outlines issues specific to appeals and other challenges to deportation decisions. It also covers certification of asylum and human rights challenges to deportation and suspensive and non-suspensive appeal rights as well as applications to revoke a deportation order.

This Practice Note sets out tables of eligibility, based on the Immigration Rules, for applications for indefinite leave to enter (ILE) or indefinite leave to remain (ILR) as the child of a person (or, in some limited cases, a relative of a person) with settled status in the UK. This includes eligibility for applications where the child currently has limited leave to remain as the child of a parent with limited leave to remain as a partner of a settled person (under Part 8 or Appendix FM) and the child and parent are applying for ILR at the same time. The note also discusses what happens if the application of the child or their parent is refused, including when limited leave to remain can be granted.

This Practice Note sets out tables of eligibility requirements for entry clearance applications made by children of a parent with limited leave as a partner under Part 8 or Appendix FM and children of a parent who is applying for entry clearance as a partner under Appendix FM at the same time as the child.

This Practice Note sets out tables of eligibility requirements for limited leave to remain applications made by children of a parent who has limited leave as a partner under Part 8 or Appendix FM or who is applying for such leave.

This Practice Note outlines the procedural requirements for an application for entry clearance or leave to remain as the child of a parent applying for, or already granted limited leave, as a partner under the Immigration Rules, Part 8 or the Immigration Rules, Appendix FM. It includes advice on the timing of the application; forms, fees and supporting documents; switching immigration categories in-country; the duration and conditions of leave applicable in this category and options for challenging refusals.

This Practice Note outlines when a decision to deport from the UK may be made and the different considerations applicable to foreign criminals, specific nationals and refugees.

This Practice Note examines which family members of Bulgarian and Romanian (A2) nationals were required to obtain permission to work in the UK during the accession period, the position of non-EEA national family members of A2 nationals and the different types of application and relevant forms that applied.

This Practice Note gives an introduction to the minimum income threshold set out in Appendix FM and Appendix FM-SE, including tips on how to find your way around the relevant Immigration Rules and guidance. It also provides links to all of the Practice Notes in Lexis+® UK Immigration which cover this complex topic, and to relevant reports on the impact of the minimum income threshold in practice.

This Practice Note looks at the general principles as to whose and what income can be relied on in order to meet the minimum income threshold under the five-year route when relying in whole or in part on employment income. Employment income is assigned two lettered categories (A and B) in the guidance that deals with the financial requirements in Appendix FM, and in the relevant immigration forms. The Practice Note also includes coverage of the position in relation to maternity, paternity, adoption and sick pay.

This Practice Note sets out a table of the specified evidence that is required in order for a person's employment income to be relied upon towards meeting the minimum income threshold under the five-year route to settlement in Appendix FM of the Immigration Rules. Employment income is divided into two categories, A and B, in the guidance that deals with the financial requirements in Appendix FM, and on the relevant application forms.

This Practice Note provides a step-by-step guide to the requirements for meeting the minimum income threshold under the five-year route to settlement in Appendix FM, by relying in whole or in part on income derived from employment. Employment income is divided into two categories, A and B, in the guidance that deals with the financial requirements in Appendix FM, and on the relevant application forms. The Practice Note also looks at the distinction between salaried and non-salaried employment which is important in this context.

This Practice Note looks at the requirements for meeting the minimum income threshold under the five-year route to settlement under Appendix FM, when relying in whole or in part on income derived from self-employment. The Immigration Rules treat directors and employees of 'specified limited companies' as if they were self-employed as regards which other income can be combined towards meeting the threshold, so all references to self-employment and self-employed person(s) also apply to persons who fall within this class. Income from these sources is assigned two lettered categories (F and G) in the guidance that deals with the financial requirements in Appendix FM, and in the relevant application forms. The Practice Note covers whose self-employment income can be relied upon, who counts as self-employed for these purposes, how a full financial year is defined and how the relevant income is calculated, permitted combinations of income sources and how to combine them, and specified evidence.

This Practice Note looks at the requirements for meeting the minimum income threshold under the five-year route to settlement in Appendix FM when relying in whole or in part on income derived from permitted non-employment sources. Non-employment income is assigned a lettered category (C) in the guidance that deals with the financial requirements in Appendix FM, and in the relevant application forms. The Practice Note looks at whose non-employment income can be relied on, general rules, and what types of non-employment income can be relied on and what types cannot. It also covers the specified evidence that must be provided for non-employment income that can be relied on.

This Practice Note looks at the requirements for meeting the minimum income threshold under the five-year route for settlement under Appendix FM, when relying in whole or in part on cash savings. Cash savings are assigned a lettered category (D) in the guidance that deals with the financial requirements in Appendix FM, and in the relevant application forms. The Practice Note covers whose cash savings can be relied on, what types of cash savings can be relied on (including the position in relation to gifts from third parties), liquidating investments and property assets, permitted source combinations, calculating the amount required and specified evidence.

This Practice Note looks at the requirements for applications which rely in whole or in part on income derived from pension sources in order to meet the minimum income threshold under the five-year route to settlement under Appendix FM. Pension income is assigned a lettered category (E) in the guidance that deals with the financial requirements in Appendix FM, and in the relevant application forms. The Practice Note also looks at relevant permitted combination of sources and specified evidence.

This Practice Note looks at several practical issues in relation to the minimum income threshold, which is a requirement for partner and child applicants under the five-year route to settlement, and under the para GEN.3.1 exceptional circumstances arm of the ten-year route, in Appendix FM of the Immigration Rules. These include, for all such applications, how to establish what is the relevant minimum income threshold and, for five-year route applications, the general (non-category-specific) requirements that apply to the sources, presentation and format of specified documents and the funds that an applicant can rely on. Aspects covered include the correct format for bank statements and payslips, and the position on third party support.