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Turpin Miller
Turpin Miller
Contributions by Turpin Miller Experts

29

Adequate maintenance
Practice notes

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, and partners and children applying under Part 8 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 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.

Administrative removal where the Immigration Act 2014 and Immigration Act 2016 apply
Practice notes

This Practice Note outlines the amendments made to the administrative removal regime by the Immigration Act 2014 (IA 2014), including the reduced scope for challenging decisions to remove. It covers liability for removal; service of the notice of liability for removal and related notices; time frames for removal and the avenues for challenging decisions to remove.

Administrative removal where the Immigration Act 2014 does not apply
Practice notes

This Practice Note outlines the administrative removal regime that applied before the commencement of the Immigration Act 2014 (IA 2014). It covers liability to removal under the pre-IA 2014 regime, the administrative steps in the removal process and the available avenues for challenging removal decisions.

Appendix FM: Section EX
Practice notes

This Practice Note considers the circumstances in which applicant partners 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. 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.

Appendix FM: the suitability requirements and the general grounds for refusal
Practice notes

This Practice Note considers the suitability requirements which apply to all Appendix FM applications and compares them with the equivalent general grounds for refusal in Part 9 of the Immigration Rules which apply to applications in most other categories.

Bereaved partners
Practice notes

This Practice Note covers applications for indefinite leave to remain (ILR) where a sponsoring partner dies during the probationary period. It looks at the relevant provisions for applicant partners under Part 8 and Appendix FM of the Immigration Rules (including that the relationship between the applicant and the deceased sponsoring partner must have been subsisting at the time of the death and that the couple had the intention to live together permanently), character and conduct, the position of dependent children and the relevant application procedure.

Bulgarian and Romanian nationals during the accession period: work permission and exemptions
Practice notes

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.

Children applying for indefinite leave under Part 8 and Appendix FM: eligibility tables
Practice notes

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.

Children of a parent with limited leave as a partner: entry clearance—eligibility tables
Practice notes

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.

Children of a parent with limited leave as a partner: leave to remain—eligibility tables
Practice notes

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.

Children of a parent with limited leave as a partner: procedure
Practice notes

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.

Deportation
Practice notes

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.

Family members of A2 nationals during the accession period
Practice notes

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.

Minimum income threshold: an introduction
Practice notes

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®PSL Immigration which cover this complex topic, and to relevant reports on the impact of the minimum income threshold in practice.

Minimum income threshold: Categories A and B: employment—general principles
Practice notes

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 Immigration Directorate Instruction (IDI) 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.

Minimum income threshold: Categories A and B: employment—specified evidence
Practice notes

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 Immigration Directorate Instruction (IDI) that deals with the financial requirements in Appendix FM, and on the relevant application forms.

Minimum income threshold: Categories A and B: employment—step by step
Practice notes

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 Immigration Directorate Instruction (IDI) 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.

Minimum income threshold: Categories F and G—self-employment and directors and employees of specified limited companies
Practice notes

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 Immigration Directorate Instruction (IDI) 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.

Minimum income threshold: Category C—non-employment income
Practice notes

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 Immigration Directorate Instruction (IDI) 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.

Minimum income threshold: Category D—cash savings
Practice notes

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 Immigration Directorate Instruction (IDI) 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.

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