Under Appendix FM there are two routes to settlement in the UK on the basis of family life as a partner or parent.
- The 5-year route as a partner or parent is for those who meet all the 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 as a partner who meets all the suitability requirements, but only certain eligibility requirements.
What is a two-stage approach provided by the guidance?
First, the decision maker considers whether the applicant meets the requirements of the Immigration Rules, without consideration of exceptional circumstances under paragraph GEN.3.2. of Appendix FM, and if they do, leave under the relevant Rules should be granted.
- In a case when the applicant fails to meet the requirements under the 5-year partner route, the application will be considered for leave to remain under the 10-year partner and private life routes as appropriate.
- If an applicant for entry clearance or leave to remain as a partner under Appendix FM does not meet the relevant requirements of the Immigration Rules, the decision maker move on to consider, under paragraph GEN.3.2. of Appendix FM, whether, in the light of all the information and evidence provided by the applicant, there are exceptional circumstances, which would render refusal a breach of Human Rights (ECHR Article 8) because it would result in unjustifiably harsh consequences for the applicant, their partner, a relevant child or another family member, whose Article 8 rights would be affected.
What are Exceptional circumstances?
“Exceptional circumstances” means circumstances which could or would render refusal of entry clearance or limited leave to remain a breach of ECHR Article 8 (the right to respect for private and family life), because refusal could or would result in unjustifiably harsh consequences for the applicant, their partner or a relevant child, or would result in unjustifiably harsh consequences for another family member whose Article 8 rights it is evident from the application would be affected by a refusal.
Switching from 10-year route to 5-year route for settlement
Where an applicant is granted an entry clearance or limited leave to remain on the 10-year partner or parent route to settlement under Appendix FM, with scope for the applicant to apply in-country to switch to start the 5-year route if they subsequently meet the rest of the eligibility requirements..
