Appendix FM – Family right applications?

Appendix FM is a group of applications under the immigration rules for family people. If you want your family to join you in the you UK; you have to apply under appendix fm. The law on appendix FM is based on the right to family life and private right. This means unlike other applications if you are refused you will have a right to appeal the decision before a court of Law.

Who can apply under appendix fm?

  1. Partners – a partner is define here to mean
    1. Spouse
    2. Civil partners
    3. Unmarried partners (living pretty much like married couple)

A partner’s application under appendix fm must be supported by a sponsor. The sponsor can be either a British Citizen, a person with permanent residence in the UK or a holder of a refugee status.

In addition to the above an applicant must also show they meet a language, relationship and a financial requirement (of £18,600). The Home office will also undertake a background check to ensure the applicant has no adverse history to be considered undesirable to be allowed to come to the UK (Suitability grounds). Past convictions and deceptions would be barriers.

  1. Parents

To apply or submit an application as a parent under appendix fm is to say that you intend to enter or remain in the UK on the basis of your parental status.  You will have to provide evidence that you have either (i) sole parental responsibility for the child; or(ii) can access rights to the child, and that you are taking, and intend to continue to take, an active role in the child’s upbringing.

 

  1. A child with a limited leave

In order for a child to enter the UK to join a parent in the UK, one of the requirements is that the parent shows that he/she has sole responsibility for the child’s upbringing. A parent will be considered to have sole responsibility for the child if he/she takes the important decisions in the child’s life and is responsible for the overall direction of the child’s upbringing.

 

  1. An adult dependent relative

Dependents over the age of 18 who are living overseas and require long term care to do every day personal and household tasks may apply under the adult dependent relative route if they can demonstrate that, as a result of age, illness or disability they require the level of long term personal care that can only be provided in the UK by the relative here and without recourse to public funds.

 

  1. Victims of domestic violence

A victim of domestic violence, who entered the UK as a spouse, civil partner or unmarried partner, can apply for indefinite leave to remain if it can be shown that his/her relationship was caused to permanently break down as a result of domestic violence. Domestic violence can take the form of either physical or emotional abuse. We can help gather the evidence to show abuse. We may decide to instruct clinical experts to help show abuse if this is deemed necessary.

 

Cost

Appendix fm applications can be very expensive. Usually you will have to pay for an application fee and then NHS fees. This is one of the reason is always good to seek expert advice so you know you are doing the right thing and don’t have to return to pay those fees again.

 

Fee Waiver

If you are extending your visa under appendix, it’s possible to get the home office to wave the application and NHS fees. Your will have to prove to them indeed you are unable to pay for the cost of the application. Again a lawyers’ assistance in this regard can be valuable.

How can we help?

The less complicated the application can be presented the quicker you will get a decision and the result you desire, which is where we come in.

We have the experience to get you results.

Get in touch for an expert assistance: 0113 457 9835

 

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