Q&As

If an application for indefinite leave to remain (ILR) under Appendix FM (five-year route) is refused on the grounds that the applicant does not meet the ILR criteria, will the Home Office consider whether or not an applicant meets the ILR criteria for long residence?

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Produced in partnership with Caroline Bagley of Latitude Law
Published on LexisPSL on 25/04/2019

The following Immigration Q&A produced in partnership with Caroline Bagley of Latitude Law provides comprehensive and up to date legal information covering:

  • If an application for indefinite leave to remain (ILR) under Appendix FM (five-year route) is refused on the grounds that the applicant does not meet the ILR criteria, will the Home Office consider whether or not an applicant meets the ILR criteria for long residence?

If an application for indefinite leave to remain (ILR) under Appendix FM (five-year route) is refused on the grounds that the applicant does not meet the ILR criteria, will the Home Office consider whether or not an applicant meets the ILR criteria for long residence?

Where an applicant is unable to satisfy the requirements of Immigration Rules, Appendix FM, para R-ILRP for indefinite leave to remain (ILR) as a partner, the decision-maker is directed by UK Visas and Immigration guidance to consider alternative options, as follows:

  1. whether the applicant can meet the requirements of Immigration Rules, Appendix FM, para R-LTRP for further leave to remain as a partner under the five-year partner route

  2. if not, whether the applicant can meet the requirements of Immigration Rules, Appendix FM, para R-LTRP for further leave to remain as a partner under the ten-year partner route on the basis of exceptional circumstances

  3. if not, whether the applicant can meet the requirements of Immigration Rules, Part 7, para 276ADE for leave to remain under the ten-year private life route

  4. if not,

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