Turpin Miller

Contributions by Turpin Miller Experts

49

Adequate maintenance
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
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
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
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
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
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
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
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
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
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.

Child of a parent with limited leave to enter as a partner under Appendix FM: grant of entry clearance—information sheet
Child of a parent with limited leave to enter as a partner under Appendix FM: grant of entry clearance—information sheet
Precedents

This Precedent is a template information sheet for a child who has been granted entry clearance as the child of a parent with limited leave as a partner under the five-year route to settlement in Appendix FM. It details the duration and conditions of stay and when the child can apply for an extension of stay and indefinite leave to remain. Some of the curtailment grounds relevant to this immigration category are also highlighted.

Children applying for indefinite leave under Part 8 and Appendix FM: grant of indefinite leave—information sheet
Children applying for indefinite leave under Part 8 and Appendix FM: grant of indefinite leave—information sheet
Precedents

This Precedent is a template information sheet for a child who has been granted indefinite leave to enter or to remain as the child of a settled person under Part 8 or Appendix FM of the Immigration Rules. There are optional clauses which depend on whether the application is one for indefinite leave to enter or indefinite leave to remain.

Children applying for indefinite leave under Part 8: additional entry clearance—checklist
Children applying for indefinite leave under Part 8: additional entry clearance—checklist
Precedents

This checklist details the additional documents required in support of a UK entry clearance application for indefinite leave to enter under the Immigration Rules, Part 8. For the related general document checklist see precedent: General entry clearance application—checklist.

Children applying for indefinite leave under Part 8: additional indefinite leave to remain—checklist
Children applying for indefinite leave under Part 8: additional indefinite leave to remain—checklist
Precedents

This checklist details the additional documents required in support of an application for indefinite leave to remain in the category of child of a settled person under Part 8. It does not cover applications by children with last-granted leave in Appendix FM applying at the same time as their parent. For the related general document checklist, see precedent: General leave to remain application—checklist.

Children applying for indefinite leave under Part 8—letter in support from sponsor(s)
Children applying for indefinite leave under Part 8—letter in support from sponsor(s)
Precedents

This precedent is a template letter from a sponsor parent or joint sponsor parents (or, in some serious and compelling cases, relative) in support of an application for indefinite leave to enter or to remain as the child of a settled person under the Immigration Rules, Part 8. For additional wording that is required where the child will not be accompanied by all of their parent(s) or legal guardian(s) when travelling to the UK, see precedent: Parental consent for minor child—letter.

Children of a parent with limited leave as a partner under Appendix FM: entry clearance—letter in support from applicant partner
Children of a parent with limited leave as a partner under Appendix FM: entry clearance—letter in support from applicant partner
Precedents

This is a template letter from an applicant partner in support of an entry clearance application by their child(ren) for entry clearance as the child(ren) of a parent with limited leave as a partner under Appendix FM.

Children of a parent with limited leave as a partner under Appendix FM: entry clearance—letter in support from sponsoring partner
Children of a parent with limited leave as a partner under Appendix FM: entry clearance—letter in support from sponsoring partner
Precedents

This is a template letter from a sponsoring partner in support of an entry clearance application by the child(ren) of a parent with limited leave as a partner under Appendix FM.

Children of a parent with limited leave as a partner under Appendix FM: grant of limited leave to remain—information sheet
Children of a parent with limited leave as a partner under Appendix FM: grant of limited leave to remain—information sheet
Precedents

This precedent is a template information sheet for a child who has been granted limited leave to remain as the child of a parent with limited leave as a partner under the five-year route to settlement under Appendix FM. It details the duration and conditions of stay, when they can apply for an extension of stay and indefinite leave to remain, including highlighting some of the relevant eligibility requirements and curtailment grounds.

Children of a parent with limited leave as a partner under Appendix FM: leave to remain—letter in support from applicant partner
Children of a parent with limited leave as a partner under Appendix FM: leave to remain—letter in support from applicant partner
Precedents

This is a template letter from a person who is resident in the UK and is applying to switch category or to extend their stay as a partner under Appendix FM, (the applicant partner) in support of an application or applications for further leave to remain submitted by their child(ren).

Children of a parent with limited leave as a partner under Appendix FM: leave to remain—letter in support from sponsoring partner
Children of a parent with limited leave as a partner under Appendix FM: leave to remain—letter in support from sponsoring partner
Precedents

This is a template letter from the sponsoring partner of a person who is resident in the UK and is applying to switch category or to extend their stay as a partner under Appendix FM, (the applicant partner) in support of an application or applications for further leave to remain submitted by their child(ren).

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