UK Family Member Immigration Rules

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

According to this appendix, what does an 'application for leave to remain' also include?

  • An application for entry clearance.
  • An application for variation of leave to enter or remain by a person in the UK. (correct)
  • An application for indefinite leave to remain.
  • An application for a visitor visa.

What is specifically included in the definition of a person 'present and settled' in the UK, according to the provided appendix?

  • A person who has been granted asylum in the UK.
  • A person being admitted for settlement on the same occasion as the applicant. (correct)
  • Someone who has been living in the UK for a minimum of 5 years.
  • Anyone with a valid visa for longer than 6 months.

For the purposes of this appendix, what expands the definition of a 'British Citizen in the UK'?

  • A British Citizen who has lived in the UK for at least 10 years.
  • A British Citizen coming to the UK with the applicant as their partner or parent. (correct)
  • A British Citizen currently working for the UK government overseas.
  • A British Citizen who is applying for a visa renewal.

What does 'in the UK with limited leave under Appendix EU' specifically refer to in this document?

<p>An EEA national in the UK with limited leave granted under paragraph EU3 of Appendix EU, meeting specific conditions. (A)</p> Signup and view all the answers

What constitutes being 'in the UK with limited leave as a worker or business person under Appendix ECAA Extension of Stay'?

<p>A person granted such leave by virtue of either Appendix ECAA Extension of Stay or under the provisions of the relevant 1973 Immigration Rules. (D)</p> Signup and view all the answers

According to the document, if the Entry Clearance Officer cannot verify a document, having taken reasonable steps, what will the document be?

<p>Discounted for the purposes of the application. (A)</p> Signup and view all the answers

For specific paragraphs mentioned, what must the applicant’s nationality be?

<p>National of one of the 19 specified countries (A)</p> Signup and view all the answers

What does “specified” refer to in this Appendix?

<p>Specified in Appendix FM-SE, unless otherwise stated. (C)</p> Signup and view all the answers

Under Appendix FM, which of the following is NOT a basis for seeking entry or to remain in the UK?

<p>Family life with someone who has overstayed their visa and is an illegal immigrant. (A)</p> Signup and view all the answers

According to the provided text, which of the following is NOT explicitly mentioned as a legitimate aim when balancing Article 8 of the Human Rights Convention?

<p>Promoting economic growth within the UK. (D)</p> Signup and view all the answers

According to Appendix FM, what is the minimum length of a relationship required for an unmarried partner to apply?

<p>Two years. (C)</p> Signup and view all the answers

Which of the following is a key consideration for the Secretary of State in applications under Appendix FM?

<p>Safeguarding and promoting the welfare of children in the UK. (C)</p> Signup and view all the answers

Under Appendix FM, who is considered a ‘partner’ for application purposes?

<p>An unmarried partner (cohabiting for 2 years), a fiance(e), a spouse, or a civil partner. (C)</p> Signup and view all the answers

Which of the following most accurately represents how Article 8 of the Human Rights Convention is balanced in the context of Appendix FM applications?

<p>A balance is struck between the right to respect for private and family life and the legitimate aims of protecting national security, public safety, etc. (C)</p> Signup and view all the answers

Which of the following is a valid status for someone in the UK for their family member to apply under Appendix FM?

<p>Someone in the UK with limited leave under Appendix EU. (C)</p> Signup and view all the answers

Appendix FM takes into account the public interest considerations as set out in which part of the Nationality, Immigration and Asylum Act 2002?

<p>Part 5A. (C)</p> Signup and view all the answers

Flashcards

Family Members Route in UK Immigration

This route is designed for individuals who wish to enter or remain in the UK based on their familial relationship with a British Citizen, settled individual, or someone with protection status in the UK.

Balancing Family Rights and Public Interest

This route focuses on balancing the right to respect for family life with the legitimate aims of protecting the UK's well-being and security.

Child Welfare Consideration

This route emphasizes the need to protect the welfare of children in the UK.

Definition of 'Partner' in Family Members Route

A 'partner' in this context includes a spouse, civil partner, fiancé(e), or proposed civil partner.

Signup and view all the flashcards

Unmarried Partner Requirements

Unmarried couples who have been in a relationship similar to marriage or civil partnership for at least 2 years before the application date are also considered 'partners'.

Signup and view all the flashcards

Eligibility Requirements

This route requires applicants to meet specific eligibility requirements.

Signup and view all the flashcards

Human Rights Convention and Family Life

This route reflects how the Human Rights Convention protects the right to family life.

Signup and view all the flashcards

Secretary of State's Duty to Safeguard Children

This route aligns with the legal duty of the Secretary of State to safeguard children's welfare.

Signup and view all the flashcards

Application for leave to remain

An application for leave to remain, including an application for variation of leave to enter or remain by a person in the UK.

Signup and view all the flashcards

Person present and settled in the UK

A person admitted for settlement in the UK on the same occasion as the applicant, alongside references to the applicant being present and settled.

Signup and view all the flashcards

British Citizen in the UK

A British Citizen coming to the UK with the applicant as their partner or parent, alongside references to a British Citizen in the UK.

Signup and view all the flashcards

In the UK with limited leave under Appendix EU

An EEA national in the UK who holds valid limited leave to enter or remain based on meeting specific conditions in the Appendix EU to the Immigration Rules.

Signup and view all the flashcards

In the UK with limited leave as a worker or business person under Appendix ECAA Extension of Stay

A person granted limited leave to stay in the UK as a worker or businessperson under the provisions of the 1973 Immigration Rules or the European Community Association Agreement (ECAA) with Turkey.

Signup and view all the flashcards

Specified

As specified in Appendix FM-SE, unless otherwise stated.

Signup and view all the flashcards

Doubt the genuineness of a document submitted in support of an application

The Entry Clearance Officer or Secretary of State has reasonable cause to doubt the authenticity of a document submitted for an application and must take reasonable measures to verify its authenticity.

Signup and view all the flashcards

Applicant's nationality for specific application types

The applicant must be a national of a specific list of countries for certain immigration application categories

Signup and view all the flashcards

Study Notes

Appendix FM - Family Members - General

  • Purpose: This route allows individuals to enter or remain in the UK based on family ties with a British citizen, settled individual, or those with protection status, limited leave (EU, worker/business), or under the 1973 Immigration Rules (pre-Jan 2021).
  • Considerations: Applications are assessed considering Article 8 of the Human Rights Convention (balancing family life rights with UK national security, public safety, economic well-being, and other public interests). Welfare of children is also crucial, as per the Borders, Citizenship and Immigration Act 2009.
  • Definitions:
    • "Partner": Spouse, civil partner, fiancé(e), or unmarried partner with a two-year relationship prior to application
    • "Application for leave to remain": Includes variation of leave for those already in the UK
    • "Present and settled in the UK": Includes those admitted for settlement concurrently with the applicant.
    • "British Citizen in the UK": Includes those joining from abroad as partners or parents.
    • "Limited leave under Appendix EU": An EEA national with valid leave under EU3 (condition 1 of EU14)
    • "Limited leave as a worker/business person under Appendix ECAA Extension of Stay": Leave granted via Appendix ECAA Extension of Stay or relevant 1973 Immigration Rules (pre-Jan 2021, ECAA with Turkey).
    • "Specified": Defined in Appendix FM-SE unless otherwise stated.
  • Document Verification: If there is reasonable doubt about the authenticity of a document, and verification attempts fail, the document is disregarded.
  • Nationality Restrictions (for specified paragraphs): Certain categories require the applicant to be a national of Antigua and Barbuda, Australia, Bahamas etc.
  • General Paragraph References: References to paragraphs are specific to this Appendix unless stated otherwise.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

More Like This

UK Immigration Policy Quiz
6 questions

UK Immigration Policy Quiz

ObservantSerpentine avatar
ObservantSerpentine
Immigration to the UK Overview
30 questions
UK Immigration Rules Quiz
43 questions

UK Immigration Rules Quiz

UnmatchedWilliamsite2056 avatar
UnmatchedWilliamsite2056
UK Immigration Rules and EU Settlement Scheme
16 questions
Use Quizgecko on...
Browser
Browser