Appendix FM of the Immigration Rules
You won’t be surprised if a total stranger in Britain casually calls you ‘my lovely’ or ‘my dear’. It could be the lady (much younger or older than you) serving you in a pub, or a civil servant working for HMR&C when you call to chat about an income tax concern! All very British and oh so very ‘lovely’!
However, bringing your spouse, partner or love of your life TO ENTER THE UK (or to remain here in the …UK) is not quite as casual and can be very stressful if you are not well advised and guided through the various requirements and supporting evidence that must be produced.
You may have heard of ‘Appendix FM’ which brings together the Immigration Rules on applications from certain ‘family members’ who are applying to join, or remain with, a relative settled in the UK from 9 July 2012. A quick glance at Appendix FM will convince anyone not to attempt reading this very confusing and user-unfriendly set of rules at bedtime … I recommend early morning reading and strong black coffee to get through these. No guaranty however that these rules will make immediate sense.
The easy bits to follow (well, sort of) are the requirements to be met for ENTRY clearance:
a) That the applicant must be outside the UK;
b) Must have made a valid application for entry clearance as a partner (You wouldn’t want an immigration officer saying to you; “So sorry my lovely, but I have no other option than sending you back home!” Yes, that is how the Brits do it!)
c) The applicant must be suitable (basically, you are of good character and a law-abiding person).
AND, … HERE IT COMES!
d) THE APPLICANT MUST MEET ALL THE REQUIREMENTS OF SECTION E-ECP: Eligibility for entry clearance as a partner.
This section (E-ECP) broadly deals with requirements set for your partner (British citizen or settled); genuine relationships, financial requirements (gross annual income), what income sources will be taken into account, accommodation requirements, English language requirement, etc. Each of these requirements has ‘content’; a meaning to be considered; e.g. what is ‘adequate accommodation’?
If you need assistance to bringing ‘your lovely’ to the UK (or want him/her to remain) on the basis of your family life (you are a British citizen or settled in the UK), please contact the author, at Depner Immigration Consultants.
Daniel Dippenaar – Barrister Immigration Consultant 3 May 2019