News Headlines
evidence of cohabitation requirements for flr(m) / set(m)
applications
FLR(M) 08/08 and SET(M) 08/08
now state the following under Section 10
We need 6 letters or other documents addressed to you
jointly or in both your names. If you do not have enough items
in your joint names, you may also provide items addressed to
each of you individually if they show the same address for both
of
you. Examples of acceptable letters and documents are listed
below. They must be originals.
The dates of the letters or documents should spread over the
whole 2 years. They should be from at least 3 different sources.
[The previous requirement was 20 documents from 5 different
sources]
new forms from monday 18th august, 2008
If you are about to make an application and have already downloaded
and completed the old form e.g. FLR(M), SET(M),
FLR(S), you MUST download the new form for any applications to be
made on or after Monday 18th August.
Application Forms
Entry clearance for unmarried partners and existing civil
partners is now to be granted for 27 months (increased from 2
years).
Until now, because a subsequent Indefinite Leave to Remain (ILR)
application could only be made on completion of 2 years living in
the UK, there would always be a shortfall equal to the period
between the issue of the visa and the arrival date in the UK.
Previously it was possible to request that a visa start date be
deferred up to 3 months until the intended date of travel, but since
many applicants have not been aware of this, many have found it
necessary to extend their initial leave to remain before being
eligible for ILR, at considerable cost and inconvenience. The
new rules should solve this problem.
A further very important amendment (for civil and unmarried
partners) was announced by Liam Byrne in the House of Commons on
13th May, 2008. The Immigration Law Practitioners Association (ILPA)
should be congratulated on the hard work and patient dialogue which
secured this concession:
"First, we will not automatically refuse applications from
people applying to join their family permanently in the UK—that is
to say, those applying for visas as a spouse, civil partner or
unmarried or same-sex partner under paragraphs 281 or 295A of the
immigration rules; a fiancée or proposed civil partner, as set out
in paragraph 290 of the rules; a parent, grandparent or other
dependent relative, as set out in paragraph 317; a person exercising
rights of access to a child, as set out in paragraph 246; or a
spouse, civil partner or unmarried or same-sex partner of a refugee
or person with humanitarian protection, as set out in paragraphs
352A, 352AA, 352FA and 352FD. Following some of the comments made by
hon. Members this evening, I will of course check to see whether we
have cast the scope of those exceptions correctly, but my initial
analysis is that that is where the discretion should apply.
Secondly, we will not automatically refuse anyone who is under the
age of 18 at the time of the breach of the immigration rules. My
hon. Friend the Member for Islington, North spoke powerfully on this
subject, as did the hon. Member for North Southwark and Bermondsey.
That case has been well made.
...As to the caveats, this does not mean that people who need to go
home and reapply will automatically get in; they will still need to
meet the requirements set out in the immigration rules and they may
be refused if they have contrived in a significant way to frustrate
those rules. Nor is it or can it be a green light for the groups I
have mentioned to deliberately overstay."
HC321: 17th march, 2008
There was no consultation process prior to the 6th February
proposal below, but urgent discussions have taken place with the
Home Office and with ministers. As a result, during a debate in the
House of Lords on 17th March, 2008, a concession was announced that
the provisions (in new paragraph 327B of the Immigration Rules) will
not apply to anyone currently in the United Kingdom who leaves the
country voluntarily before 1st October 2008.
After that date, refusal of entry clearance was to be mandatory
for periods of up to 10 years with appeals only possible on human
rights or asylum grounds. Note further amendment
above.
HC321: statement of changes - 6th February, 2008
Proposed changes to the 'general grounds for refusal' were
announced by the Home Office on 6th February, 2008 - due to come
into force on 1st April, 2008. It was proposed that anyone who has
breached UK immigration laws, unless overstaying for less than 28
days, will be refused future entry for a period of at least one year
(if they left UK voluntarily at their own expense), up to 10 years
(if they were removed or deported or have used deception in an
application). See
statement of changes page 36 paras 7.23 to 7.26.
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