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Further Leave To Remain As A Family Member Of A British Settled Person From Within The UK
Anyone who wishes to apply for a visa to remain in the UK on the basis of family or private life with a British Citizen or person present and settled in the UK can make an application for Further Leave to Remain under Appendix FM of the Immigration Rules.
Applicants can apply for a visa under this route if they are:
- married to or are a partner of a British Citizen for a period of two years, and are unable to satisfy the marriage requirements.
- a parent of a British Citizen child/children or such child has lived in the UK for seven years
- a person having asylum or humanitarian protection in the UK
Effectively, the Home Office will be asked to make an exception from the law but if they deem the circumstances which they are asked to consider to be sufficiently exceptional they will approve an application.
Approval will grant leave to remain for a period of two years six months (thirty months) depending on the circumstances.
The available visas are:
Partner/Family Life As A Partner | Five Year Route
The applicant must:
1. be married or the partner of a British Citizen/settled person for a period of two years
2. be able to support him/her self and any dependants without recourse to public funds (there is an exemption if a partner receives 3. disability benefits or carers allowance)
3. have completed the English Language test CEFR at level A1 (this may be met in other ways)
Family Life As A Partner/Parent | Ten Year Route
he applicant must meet the eligibility requirements above and prove:
1. there are serious reasons why he/she and partner cannot live in another country
2. they have a child who is a British Citizen or has lived in the UK for seven years and it would not be in the interest of or it would be unreasonable for the child to leave the UK
3. he or she is the child’s biological/adoptive/step parent
4. sole or shared responsibility for the child or have access rights involving an active role in the upbringing of that child
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Private Life In The UK | Ten Year Route
The applicant must be able to prove that he/she is aged:
1. between eighteen and twenty four and has continuously lived in the UK for more than half of his/her life
2. twenty five or over and has been in the UK for twenty years or more
3. eighteen or over and has spent less than twenty years in the UK but would find it hard to live in another country due to the absence of family/social/or economic ties to that country
4. under eighteen and has lived in the UK continuously for at least seven years and that it would be unreasonable to be expected to leave the UK.
How Can We Help?
With the rising cost of the fees payable upon application, it is imperative to seek expert professional advice before submitting any application to ensure that it is correctly prepared so as to ensure that fees are not forfeited due to error.
All applications must be made on the correct forms, which are very detailed, and accompanied by full supporting documentation.
Failure to submit a correct application could result in a Notice of Refusal being issued and the resultant serious consequences.
At Kangs Solicitors we have an experienced team of immigration solicitors who advise and assist clients with immigration status issues in the UK on a daily basis.
We have a proven track record of successfully advising and guiding clients through the immigration application and appeals process.
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