The Routes.
These applications are decided against detailed rules rather than on the strength of the relationship alone. Most refusals are for evidence that did not meet a specified format, not for a relationship that was doubted.
Partner
Spouse, civil partner or unmarried partner
For the partner of a British citizen or a person settled in the United Kingdom, and of some others with qualifying status. The financial requirement, the relationship requirement and the English language requirement all have to be met.
Child
Joining or accompanying a parent
For a child of a person applying or already granted under these routes. Sole responsibility, or serious and compelling circumstances, arise where only one parent is in the United Kingdom.
Parent
Of a child in the United Kingdom
For a parent of a child who is British or settled, where the applicant is not in a relationship with the child’s other parent and has access rights or responsibility for the child.
Extending, and Settling
The route does not end at the first grant
The partner route runs in stages before indefinite leave to remain. Each stage has to be applied for in time, and a gap creates problems that are harder to fix than to avoid.
The Legal Position
Appendix FM governs these routes. The requirement that decides most cases, and stops most of the rest before they are made, is the financial one.
Income Is Not the Only Way to Meet It
Employment income is the usual route, but cash savings above a threshold can be used, and so can self-employment, pension and certain other income, each with its own specified evidence. A first look at the figure alone often gives the wrong answer.
The Exceptions in EX.1
Where the requirements are not met, EX.1 can still apply: where there are insurmountable obstacles to family life continuing outside the United Kingdom, or where there is a qualifying child and it would not be reasonable to expect them to leave.
The Evidence Is Specified
These rules prescribe what documents are acceptable, covering what period, and in what form. Evidence that proves the point but does not match the specification is refused on its format, which is the single most avoidable refusal in this area.
How an Application Runs
Decided on the papers, so the application as submitted is the whole case. There is no hearing at which a gap can be explained, which is why the work is front loaded.
Establishing Which Route, and Whether It Is Met
Which route applies, whether the financial requirement can be met and by which permitted source, and whether an exception is in play. This is the stage at which an application that would fail can be fixed rather than refused.
Preparing the Specified Evidence
Assembling documents that match what the rules specify, in the form and covering the period required, alongside the evidence of the relationship.
Where an exception under EX.1 is relied on, that case is built here too, because it will not be built later.
The Decision, and What Follows a Refusal
A refusal of a human rights claim ordinarily carries a right of appeal to the First-tier Tribunal. Other refusals may carry administrative review instead, which is a review of the decision rather than a fresh look at the case.
Both are time limited, and which one applies depends on what was applied for and what was refused.
Fees
£180 for the consultation, up to one hour, plus VAT at 20% where UK VAT applies to you. That depends on where you are living when you instruct us, and we will tell you before you decide.
£180You do not pay it if you already hold a legal aid certificate. The government eligibility checker is not a certificate: it estimates eligibility, it does not grant it, so we cannot waive the fee on a checker result.
This is private work. Most immigration work was taken out of the scope of legal aid in 2013 and the family routes were not among the categories kept in it. Where refusing funding would breach a person’s rights, Exceptional Case Funding under section 10 of LASPO can be applied for, and we will tell you if that looks arguable.
The fee for the work itself is assessed after that meeting and confirmed in writing before any work starts. The Home Office application fee and the immigration health surcharge are separate again, and are paid to the Home Office rather than to us.
Things to Know
These answers state the general position in the United Kingdom. Your advice will address your circumstances.
How Much Do I Need to Earn?
There is a minimum income requirement, and we will confirm the figure that applies to your application at the first meeting. We do not publish it here because it has been raised since the route began and transitional arrangements mean the threshold can depend on when you first applied, so a number on a page is wrong for some of the people reading it.
What If I Do Not Earn That?
Employment income is not the only permitted source. Cash savings above a threshold can be used, as can self-employment, pension and certain other income, each with its own specified evidence. And where the requirements cannot be met, EX.1 may still apply. It is worth checking properly before assuming the answer is no.
We Have Been Together for Years. Is That Enough?
A genuine relationship is necessary but it is not sufficient. These applications are decided against detailed rules, and a strong relationship with evidence that does not meet the specified format is still refused.
Can I Appeal a Refusal?
It depends on what was applied for and refused. A refusal of a human rights claim ordinarily carries a right of appeal to the First-tier Tribunal. Other refusals may carry only administrative review, which reviews the decision rather than looking at the case afresh. Both are time limited.
What Does the Application Itself Cost?
The Home Office charges an application fee and, separately, the immigration health surcharge. Both are paid to the Home Office and are separate from any fee for advice. We will set out what applies to your application before you commit to it.
What Should I Bring to the First Meeting?
Passports for both of you, evidence of the relationship and how long it has run, and evidence of income or savings covering the recent period. Any previous immigration history, including any refusal, with the decision letters.
Other ImmigrationServices
Review related advice on the EU Settlement Scheme, asylum and human rights claims, and deportation and detention.
