The Home Office recently announced a raft of changes to the immigration rules relating to the 10-year family settlement route. The new appendix Settlement Family Life aims to simplify the settlement rules for individuals eligible to settle in the UK after a qualifying period of 10 years.
Appendix Settlement Family Life
Came into force on 20 June 2022, Appendix Settlement Family Life sets out rules for individuals who have permission to stay in the UK as a parent, partner, or combination of two; and anyone eligible for settlement in the UK after a 10-year qualifying period.
Suitability Requirements
The new suitability requirements are stricter than the Appendix FM, especially when it comes to the criminal threshold. Any migrant sentenced to a period of imprisonment of 12 months or more will be subject to mandatory refusal.
Under Appendix FM, refusal was mandatory for 4 years or above. If the applicant has received a custodial sentence of between 12 months and 4 years, they can meet the suitability criteria after 15 years have passed.
Anyone sentenced to a prison term of less than12 months has to stay in the UK for 5 years on a family or private life route visa after the end of the sentence and then have a continuous qualifying period of 10 years.
Other suitability issues include
- Involvement in a sham marriage or civil partnership
- Use of false documents and information
- Litigation debt owed to the Home Office
- NHS debt
Eligibility For 10-Year Family Settlement Route
An applicant on indefinite leave to remain based on a 10-year qualifying period as a parent, partner, or combinations of both routes can combine time spent on the following routes towards the 10-year qualifying period:
- Entry clearance granted as partner, parent, or child under Appendix FM
- Permission on the basis of the Private Life route before 20 June 2022
- Permission granted because of private life on the basis of Article 8 of the Human Rights Convention
It is a very welcoming change allowing more flexibility to combine time spent on different routes to settlement. It is not applicable if the person entered the UK via irregular means and has had permission under Appendix FM for a minimum of one year.
Continuous Residence Requirements
Another change is the implementation of absence limits to the family life routes. This applicant must meet the continuous residence requirements in accordance with the Appendix Continuous Residence for the qualifying period.
The applicant must not be absent from the UK for more than 180 days in any 12-month period (unless CR 2.2. or CR 2.3 applies). This limit does not apply in case of absences for work, study, or supporting family overseas.
English Level Requirements
The individual must meet the English language requirements available in Appendix English Language. Moreover, the applicant must show the ability to listen and speak to level B1.
Knowledge of life in the UK
Unless an exemption applies, the applicant must meet the Knowledge of Life in the UK requirement as set out in Appendix KOL UK
Decision on the Application for Family Life Settlement
If the caseworker is satisfied that all the suitability and eligibility requirements are met, the applicant will be granted settlement.
If the requirements are not met, however, the applicant meets all the suitability and eligibility requirements for permission to stay under Appendix FM, the application will not be dismissed, instead, it will be changed to permission to stay on that route. No additional fee will be charged for permission to stay and the settlement fee will not be refunded.
The decision maker may refuse the application if the suitability and eligibility criteria are not satisfied.
