Paragraph 289A, Part 6 of Appendix Armed Forces and section DVILR of Appendix FM of the Immigration Rules allow those who have leave in the UK as the partner of someone with the right of permanent residence and whose relationship has genuinely broken down, because of domestic violence, during their probationary period of leave, to be granted indefinite leave to remain.
To qualify for indefinite leave to remain as a victim of domestic violence the applicant must meet the requirements set out in Part 8 of the Immigration Rules or Appendix FM or Appendix Armed Forces to those Rules.
Considering how much the Home Office charge in relation to applications for leave to remain, the recent expansion of the categories of those who can apply for a fee waiver, at first blush seemingly considerate, should be viewed with suspicion.
(1)What are the two routes to settlement as a Partner or a Parent?
Appendix FM provides two routes to settlement on the basis of family life as a partner or parent. These are a 5-year route and a 10-year route where:
the 5-year route as a partner or parent is for those who meet all of the relevant suitability and eligibility requirements of the Immigration Rules at every stage.
the 10-year route as a partner or parent applies: in respect of applications for leave to remain, to those who meet all of the suitability requirements, but only certain of the eligibility requirements as a partner or parent where paragraph EX.1. of Appendix FM applies and is met. Paragraph EX.1. is not an exception to the Rules as a whole, but to certain eligibility requirements for leave to remain under the 5-year partner and parent routes under Appendix FM; or where entry clearance or leave to remain is granted following consideration under paragraph GEN.3.1. or GEN.3.2. of Appendix FM and in light of the exceptional circumstances to which that paragraph refers.
“The question is whether there is now general acceptance that these rules are here to stay as unchallengeable/unamendable….”, so enquired my previous blog article of October 2015 in relation to the Rules relating to Adult Dependent Relatives( ADR’s): Adult Dependant Relatives: Very Deliberately Onerous Rules
An ambitious challenge brought about by BRITCITS in BRITCITS v The Secretary of State for the Home Department  EWCA Civ 368 (24 May 2017) has elicited a negative response to the question of whether the ADR Rules can be challenged successfully with a view to striking them down as unlawful. Rather, the Court of Appeal emphasized disappointingly, “ True it is that significantly fewer dependants, including parents, will be able to satisfy the new conditions but that was always the intention”.