Those applying for an ILR who meet all the suitability requirements on five years partner or parent route but meet only some eligibility requirements can apply for ILR based on a ten-year partner or parent
route.
The 10-year route as a partner or parent applies from within and outside the UK. Outside UK application will be considered mainly on exceptional circumstances.
The 10 years partner or parent route is mainly for people who are unable to meet the requirements of 5 years route and there are exceptional circumstances which may to breach of Article 8 rights of the family resulting in unjustifiably harsh consequences to partner or relevant child.
If you are in the UK you can also rely on paragraph EX.1 of Appendix FM, provided you meet the immigration status requirement. If Paragraph EX.1 applies and you do not meet the other requirements of the 5 years partner or parent route then you will be granted 10 year partner or parent route under Appendix FM.
New changes introduced to the immigration rules this year also relates to Family Life applications. Appendix Settlement Family Life sets out the UK rules to settle (ILR) for individuals on a qualifying ten-year period as a partner or parent or on a combination of these routes. The changes came into force on 20 June 2022. Appendix FM still governs the Settlement rules for those on a 5-year route.
If you are applying for Indefinite leave to remain (ILR) based on a qualifying 10-year period as a partner or parent or a combination of these routes, you can combine time spent on the following routes when you calculate the 10-year
qualifying period:
From June 20 th 2022, a new requirement for ten years of continuous residence for a 10-year partner or parent route applies. All absences before June 20 th 2022, won’t be counted if you were granted permission after the absences.
You must ensure that you are not absent from the UK for more than 180 days in any consecutive 12-month period. However, exceptions to this are available. If you were absent for work, study or supporting your family overseas will not be counted as absence ‘so long as your family have, throughout your absence, maintained a family life in the UK and the UK remained their place of permanent residence’.
Other issues, such as being sentenced to a period of imprisonment, can also break your continuous residence. This is the first time absence limits have been applied to family life routes.
You must meet the English language requirement, show your ability to speak and listen to level B1 and provide evidence of this as specified in a new Appendix English Language. This means you can meet the English language requirement with qualifications lower than degree level and now meet the requirement through a qualification in GCSE or A-level English. You can also meet English language requirements through a specified English language test or if you come from a country where English is the majority-speaking language.
You will be granted Settlement if you meet all the suitability and eligibility requirements based on a 10-year qualifying period.If you are looking for professional advice or representation of your application, please contact Visa andMigration Ltd on 02034111261 or email us – info@visaandmigration.com
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