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Immigration Law: Partners - Coggle Diagram
Immigration Law: Partners
Spouse, civil partner, fiancé(e), proposed civil partner, or unmarried partner where the couple have been in a relationship similar to marriage or civil partnership for at least 2 years before the date of application.
Appendix Family Migration
- partners and parents
Adult Dependent Relativ
e - adult dependent parents, grandparents, children and siblings
Where applicant is outside UK they will need to apply for entry clearance
Calculate number of people in household for Housing Act 1985 overcrowding purposes and apply
Appendix FM Partner
1. Immigration status of applicant's partner
Appendix FM para E - ECP 2.1. - applicant's partner must be a British citizen
2. Is relationship genuine and subsisting
For applicant (spouse) to show relationship is genuine
Do the partners share enough language?
Was money exchanged for marriage? Prove was not paying for a bride for example
Share responsibility of children?
Lack of financial contribution to marriage?
If visited family - photographs or statements?
Living arrangements - do we need more information?
Quick visa marriage - concerning?
Shortness of relationship?
Can family/friends vouch for relationship?
If spouse has children, evidence they are mother/father of children and window for example
Spouse previous immigration history
Know accurate personal details about each other? Where did they meet?
3. Financial requirements
Minimum gross annual income
Financial requirement in Appendix FM and Appendix FM CE
Appendix FM ECP Applicant (spouse) must provide evidence from sources listed in paragraph E ECP 3.2
Can combine different categories
4. Accommodation requirement
Will third part accommodation be sufficient/what is the law on it?
Statement from third party stating agrees to letting applicant stay with them
Will it be adequate accommodation without recourse to public funds?
Consider Room Standard and Space Standard tests - The Housing Act 1985
Living room counts as a space for sleeping
Space standard - maximum for 4 rooms is 7.5. people (including living room)
Room standard
: no two persons of opposite sex aged 10 or more (except husband and wife/civil partners) should sleep in the same room
Space standard
: will the number of persons living there exceed the permitted amount under the Housing Act?
Applicant's immigration status