What you need to know to submit a successful application for indefinite leave to remain as a victim of domestic violence

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.

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How to meet the minimum income financial requirement through a re-structured Appendix FM

The Statement of Changes in Immigration Rules HC 290, which came into effect on 10 August 2017, restructured Appendix FM such that it is now considered by the Secretary of State to provide a complete framework for  Article 8 decision-making in cases decided under it.

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Meeting the 5year route to settlement as a Partner or Parent: Your frequently asked questions answered

(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.

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The inflexible Adult Dependent Relative Rules are here to stay so says the Court of Appeal

“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 [2017] 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”.

 

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