BOOK A CONSULTATION
Home / Personal Immigration / Family Migration

Family Migration

Appendix FM stands for Family Migration and primarily relates to visas for family members of settled persons and provides the framework for how partners, parents, and children of settled persons can live in the UK.

This includes British citizens, Irish nationals, persons with pre-settled or settled status, Indefinite Leave to Remain,  persons with a Turkish Businessperson or Turkish Worker visa and persons with refugee status or humanitarian protection. 

It is considered as one of the more complex areas of UK immigration, mainly due to the financial requirement and the evidence that must be produced to demonstrate appropriate income from specified sources in the immigration rules.

Appendix FM is used in three family-related visa applications; i.e. spouse visas, parent visas and child visas. Some categories that were previously part of Appendix FM have now been reorganised, leading to the creation of separate dedicated sections in the immigration rules covering applications from Adult Dependent Relatives, Victims of Domestic Abuse, and Bereaved Partners.

Appendix FM provides two routes to settlement on the basis of family life as a partner or parent:
  • The 5-year route is available for a partner or parent who meets all the suitability and eligibility requirements of the Immigration Rules at every stage. This typically includes meeting the financial requirement, English language proficiency and other criteria. After residing in the UK continuously for five years under this route, individuals may be eligible to apply for settlement (indefinite leave to remain) in the UK. Applications under the 5-year route can be submitted from overseas and from the UK. 
  • The 10-year partner or parent route is available for partners or parents who meet all suitability grounds but do not meet all eligibility requirements, and certain exceptional circumstances apply. Applicants under this route may be eligible for settlement after residing in the UK for 10 years continuously. Unlike other immigration routes, the 10-year route has more relaxed criteria on the minimum income requirement, English language proficiency, and adequate accommodation. Time under other visa routes can be combined. Applications under the 10-year route can only be submitted from inside the UK. 

 

Please see our dedicated page for further information on the following:

How we can help

The Home Office processing times for these applications can be rather prolonged, therefore it is crucial to prepare your application as thoroughly as possible and get it right to avoid further delays. At Distinct Law, we have assisted many applicants in obtaining family visas and can advise on how to meet the financial requirement depending on your circumstances and available sources of income. We will look at your application holistically as there may be viable options that you may not have considered. Our services include:

  • Comprehensive evaluation of your circumstances against the eligibility and suitability criteria
  • Assistance with leveraging all available sources of income, including employment, self-employment, investments, other financial resources to meet the financial requirement and advice on the quickest and most viable option
  • Guidance on how to demonstrate the genuineness of the family relationship, including providing evidence of cohabitation, shared financial responsibilities, and emotional ties
  • Provide a comprehensive checklist of all required documents along with templates, where applicable
  • Drafting, completing and submitting all relevant forms on your behalf
  • Assistance with the visa application submission, biometrics appointment and any issues arising in the course of the application
  • Acting as point of contact with the Home Office
  • Providing post-decision advice on next steps, options, conditions of leave and key considerations in future applications

Book a consultation

Secure your future with expert guidance. Act now to book your immigration legal consultation. Unlock possibilities, navigate complexities, and embark on a seamless immigration process.
BOOK A CONSULTATION

Frequently asked questions

As a holder of a spouse visa, you can change from the 10-year route to the 5-year route.  However, doing so may result in resetting your qualifying period as only the time spent in strict adherence to the rules will be considered towards fulfilling the 5-year route requirements.  For instance, if you are on a 10-year route to settlement because you were unable to meet the financial requirement and have already spent 6 years here, switching to the 5-year route because you now meet the financial requirement will reset your time and require you to remain for a further 5-years to qualify for ILR. In certain situations, sticking with the 10-year route may prove more advantageous, especially if you have less than five years remaining to qualify for ILR. You can also include time spent under other visa routes that lead to settlement. You cannot include time you’ve spent in the UK as a fiancé or proposed civil partner.

Whether you are granted leave on the 5-year or 10-year route, you will be granted leave for two and a half years each time you apply. You would then need to extend your visa until you reach the qualifying period for ILR. Every extension will be granted for a further two and a half years.