The changes to the immigration rules which came into force since the 9th of July 2012 allows same sex partners to settle in the UK under the Appendix FM. The new rules are relatively more complex and rigid when compared to the old rules. We there advice applicants to be sure that they are well versed on the rules before submitting. In some cases, you find out that there are a specific kind of evidence that the Home office may be requiring to show certain things.
Please note, in the light of the aforementioned immigration rules, transitional arrangement refer to a situation where an individual is currently on a leave to remain based on the old rules. Such a person will continue to be related with based on the old rules.
Importantly, applicants that may not have met the regular requirements may yet be granted leave to remain under the exceptions criteria. Such criteria may be found in paragraph EX.1 of the immigration rules. These exception criteria are weaved around Article 8 of the Human Rights Act.
Article 8 of Human rights Act relates to the exception criteria in the paragraphs that concern rights to private and family life. It is important to note also, that if a person has been granted leave under this route, they will no longer be subject to settlement under the 5 years route in an immigration category but 10 years.
In order to qualify to apply under this route, the sponsor must be able to demonstrate that they earn the specified gross annual income which is set as a minimum of £18,600. Please note that this figure does not include dependants who may be applying with the main applicant. The prices go up by £3,800 for the first child; while for any additional children, an extra £2,400 will need to be shown per child.
It is important to note that applicants will no longer be able to use 3rd party funding in this application. Also the applicant’s potential to be employed in the UK will no longer be taken into consideration. In the case of entry clearance applications, income earned overseas can also no longer be relied upon. However gifts and aids can be relied upon; note that it must not be a loan.
Applicants who are on the following may be exempt from meeting the financial requirement: -
If as result of the exemptions above, you are exempt from meeting the financial requirement, the applicant will still have to show that the UK partner meets the financial as well as accommodation requirements.
Applicants must show that they have met the English language requirement. The English language requirements entails the applicant demonstrating sufficient knowledge of English language. Importantly, if the applicant is from a majority Enlgish speaking country, they will be exempt. Also, if they posses a degree from a UK university, they will also be exempt.
If the applicant has sat and passed the required English language test at least at Level A1 of the CEFR from a provider accredited by the UKBA, they will also be exempt from meeting the English language requirements.