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Family life as a partner

Applications under this route are now covered by Appendix FM of the Immigration Rules. A partner is defined as: the applicant’s spouse; the applicant’s civil partner; the applicant’s fianc√©(e) or proposed civil partner; or a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application.

You may qualify for the 5 or 10 year route depending on your circumstances. The 5-year route is for those who meet all of the suitability and eligibility requirements of family life as a partner under Immigration Rules at every stage, and the 10-year route is for those who do not meet certain of the eligibility requirements but where the exception in paragraph EX.1 of Appendix FM applies. Paragraph EX.1 applies if:

(a) (i) the applicant has a genuine and subsisting parental relationship with a child

who:

(aa) is under the age of 18 years or was under the age of 18 years when the applicant was first granted leave on the basis that this paragraph applied;

(bb) is in the UK;

(cc) is a British citizen or has lived continuously in the UK for at least the 7 years immediately preceding the date of application; and

(ii) it would not be reasonable to expect the child to leave the UK; or

(b) the applicant has a genuine and subsisting relationship with partner who is in the UK and is a British citizen, settled in the UK, or in the UK with refugee leave or humanitarian protection; and there are insurmountable obstacles to family life with that partner continuing outside the UK.

Applications based on the 5 year route are submitted using an FLR (M) form; applications under the 10 years route are submitted using an FLR(FP) form.

For further information regarding the above, please contact our office on 0203 291 3589 or email at info@pashaimmigration.co.uk

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