Appendix FM-SE is for non-European nationals who wish to enter or remain in the UK due to their specific family circumstances.
Who can apply for Appendix FM-SE?
Non-European nationals can submit an Appendix FM-SE application if they meet any of the following requirements.
1: They are the partner of a UK citizen
Partner in this case includes being the spouse, civil partner or unmarried partner of a UK citizen or of someone settled in the UK. An unmarried partner is eligible if he or she can prove they have been living with his or her partner in a steady relationship for at least 2 years prior to when they submit their Appendix FM-SE application.
2: They are a victim of domestic violence
If a non-European national entered the UK as the spouse, civil partner or unmarried partner of a UK citizen or resident they can apply for indefinite leave to remain in the UK under Appendix FM-SE if they can show that their relationship has broken down due to domestic violence. Domestic violence includes physical or emotional abuse (or both) and typically will require validation from a clinical expert. Barar & Associates can help you obtain this clinical validation.
3: The child of a person with limited leave
The child of a non-European national may apply to enter the UK under Appendix FM-SE in order to join a parent already in the UK. The parent in question must demonstrate that he or she is solely responsible for the child’s welfare and upbringing and that he or she makes the key decisions that steer the direction of the child’s upbringing.
4: A parent
A non-European national who wishes to enter or remain in the UK based on their parental status can apply to do so via the Appendix FM-SE. They will, however, need to provide concrete evidence that they are solely responsible for the child’s upbringing, or that they play an active role in the child’s life and contribute to important decisions regarding the child’s upbringing.
5: An adult Dependent Relative
A non-European dependent living in their native country who is unable to perform personal and/or household tasks without constant long-term care may submit an Appendix FM-SE application under the Dependent Relative provision. They will need to demonstrate that, because of illness, disability or age they are unable to perform daily tasks without the type of long-term personal care that can only be provided by the relative currently living in the UK.
Part 8 of the Immigration Rules
Immigration Rules Part 8 establishes requirements for non-European nationals regarding leave to enter or remain in the UK as a spouse, civil partner, fiancee, unmarried partner, victim of domestic violence or other circumstance. Essentially it was established to deal with family migration related to people living permanently in the UK.
Appendix FM Suitability Requirements
Suitability requirements for Appendix FM applicants are set out in the Immigration Rules last updated in 2020. Part 9 of those rules establishes detailed requirements which typically form the basis on which an individual is admitted or refused admission to the UK via the Appendix FM application. While some of the criteria for admission or refusal are mandatory, others may be exercised at the discretion of the immigration department.
What is the appendix FM financial requirement exemption?
In certain circumstances, it is possible that an Appendix FM applicant may be exempted from the standard financial requirements established in the Immigration Rules. While some of these financial requirements are hard and fast, others are more nebulous. For example: if there are exceptional circumstances that make it unrealistic to expect the applicant to satisfy said financial requirements it is possible they may receive a waiver of those requirements.
It is important, however, for applicants to understand that financial requirements, like other aspects of Appendix FM-SE, may change at any time. Therefore it is crucial that they enlist qualified legal help to ensure they do not make any missteps that could lead to their entry being refused.
Financial Requirements for Family Visas
In the absence of a financial exemption the minimum income requirement for an Appendix FM applicant currently stands at £18,600. That total applies only to partners (a spouse, civil partner or unmarried partner) with no dependent children.
Should the applicant also wish to sponsor a child the minimum income requirement increases by £3,800 to a total of £22,400. If the applicant wishes to sponsor 2 children (in addition to the applicant’s partner), the income requirement increases to £24,800. And if the applicant plans on sponsoring 3 children in addition to the partner the minimum income requirement increases to £27,200.
Keep in mind too that as we discussed above the applicant will need to provide proof that they are primarily responsible for the child or children they wish to sponsor.
What is the Partner Visa under Appendix FM?
The partner visa under Appendix FM refers to a UK visa available to non-European nationals who are partners or spouses of British citizens or people who have indefinite leave to stay in the UK (a “settled person”).
There are specific eligibility requirements an applicant must meet in order to secure a Partner Visa under Appendix FM. First of all, they must provide evidence that demonstrates they are currently in a genuine, stable relationship that has existed for at least 2 years prior to their application. They must also meet the financial requirements established by Immigration Rules Appendix FM SE and they must provide evidence that they have adequate, stable accommodations.
Some of these requirements will vary depending on such things as whether the partner is a British citizen or they are a settled person with indefinite leave to remain in the UK. It is also important to note that all applicants must be in full compliance with all other UK Immigration laws at the time of their application.
Barar & Associates: Your Best Choice for Appendix FM-SE Assistance
Those hoping to enter or remain in the UK under Appendix FM-SE of UK Immigration Law will benefit from the timely and accurate advice the immigration experts at Barar & Associates can provide.
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