Turpin Miller

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Alex Piletska
Solicitor
Turpin Miller
Jo Renshaw
Turpin Miller
Contributions by Turpin Miller Experts

49

Children of a parent with limited leave as a partner: procedure
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.

Family members of A2 nationals during the accession period
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
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
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
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
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
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
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
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.

Minimum income threshold: Category E—pensions
Minimum income threshold: Category E—pensions
Practice notes

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 Immigration Directorate Instruction (IDI) 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.

Minimum income threshold: what you need to show and the general operating principles
Minimum income threshold: what you need to show and the general operating principles
Practice notes

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.

Partners applying for entry clearance under Appendix FM: application procedure
Partners applying for entry clearance under Appendix FM: application procedure
Practice notes

This Practice Note outlines the key procedural requirements for an application for entry clearance as the fiancé(e), proposed civil partner, spouse, civil partner or unmarried partner under the Immigration Rules, Appendix FM. It covers timing considerations, forms, fees, processing times, general procedure, and the duration and conditions of leave that will be granted to successful applicants.

Partners applying for indefinite leave to remain under Part 8: eligibility table
Partners applying for indefinite leave to remain under Part 8: eligibility table
Practice notes

This Practice Note sets out the requirements for applications for indefinite leave to remain under Part 8 of the Immigration Rules as the spouse, civil partner, unmarried or same-sex partner of a British citizen or settled person (including former refugees and those who have been granted humanitarian protection).

Partners applying for leave to remain: application procedure
Partners applying for leave to remain: application procedure
Practice notes

This Practice Note outlines the key procedural requirements for an application for further leave to remain (FLR) or indefinite leave to remain (ILR) as a spouse, civil partner or unmarried partner under either Appendix FM or Part 8 of the Immigration Rules. It also covers procedural matters as they relate to applications for FLR by persons with current leave as a fiancé(e) or proposed civil partner under Appendix FM. Aspects covered include applications by overstayers, forms, fees, general procedure and switching.

Partners applying for limited leave under Part 8: eligibility table
Partners applying for limited leave under Part 8: eligibility table
Practice notes

This Practice Note sets out the eligibility requirements for applications for further leave to remain under Part 8 of the Immigration Rules as the spouse, civil partner, unmarried or same-sex partner of a settled person. It also covers the duration and conditions of leave granted to a successful applicant, and Article 8, section 55 and other considerations. These applications are likely to be confined mainly to those who already have limited leave under the Immigration Rules, Part 8, paras 284‒285 (spouses and civil partners) or the Immigration Rules, Part 8, paras 295D‒295E (unmarried and same-sex partners), but who do not meet the requirements for indefinite leave to remain (ILR).

Partners: the English-language requirement
Partners: the English-language requirement
Practice notes

This Practice Note looks at the English-language requirement for partners applying for limited leave under Appendix FM and Part 8 of the Immigration Rules. It covers the ways of meeting the requirement (ie being a national of a specified majority English-speaking country, taking and passing a relevant approved English-language test, or having a recognised qualification which was taught or researched in English) and the relevant exemptions.

Separation or divorce of a partner with limited leave under Part 8 or Appendix FM of the Immigration Rules
Separation or divorce of a partner with limited leave under Part 8 or Appendix FM of the Immigration Rules
Practice notes

This Practice Note looks at the position of an applicant partner with limited leave under Part 8 or Appendix FM of the Immigration Rules whose relationship has broken down permanently for reasons other than domestic violence by the sponsoring partner. The Practice Note covers cancellation and curtailment of leave, relevant procedures and Article 8/exceptional circumstances, children and curtailment.

Fiancé(e)s and proposed civil partners applying under Appendix FM: grant of entry clearance—information sheet
Fiancé(e)s and proposed civil partners applying under Appendix FM: grant of entry clearance—information sheet
Precedents

This Precedent is a template information sheet for a person who has been granted UK entry clearance as a fiancé(e)/proposed civil partner under Appendix FM. It details the duration and conditions of stay and when they can apply for further leave to remain as a partner.

Fiancé(e)s and proposed civil partners applying under Appendix FM—letter in support from applicant partner
Fiancé(e)s and proposed civil partners applying under Appendix FM—letter in support from applicant partner
Precedents

This is a template letter from an applicant partner in support of an application for entry clearance as a fiancé(e)/proposed civil partner under Appendix FM. It covers the history of the relationship and outlines arrangements for the marriage/civil partnership in the UK.

Fiancé(e)s and proposed civil partners applying under Appendix FM—letter in support from sponsoring partner
Fiancé(e)s and proposed civil partners applying under Appendix FM—letter in support from sponsoring partner
Precedents

This is a template letter from a sponsoring partner in support of an application for entry clearance as a fiancé(e)/proposed civil partner under Appendix FM. It covers the history of the relationship and outlines arrangements for the marriage/civil partnership in the UK.

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