NCADC Campaigning Toolkit
In July 2012, the government introduced changes to the Immigration Rules that had a significant impact on applying to enter or stay in the UK to join a family member.
Broadly speaking, there are now two routes to Indefinite Leave to Remain in the UK for family migration (non-EU citizens).
This route is available for spouses (husband/wife), civil partners or unmarried partners of British citizens or individuals with indefinite leave (settled) to remain in the UK. It is also available for children of British or settled partners and the partners of British or settled children.
To apply to bring a parent of a British citizen or settled person to the UK, you now have to demonstrate that due to age, illness or disability, they require a level of long-term personal care that can only be provided in the UK by their relative here and without recourse to public funds. Read more about this here.
The requirements for this route are very difficult to meet.
There is an income or savings threshold. If you wish to sponsor a partner to come to the UK, you will need to be earning a minimum (before tax) of £18,600 per year. If you have a child, the minimum income is £22,400 and is then an additional £2,400 for each further child. For more details, see this Migrants' Rights Network briefing.
There is also a 'suitability' requirement, meaning that criminal convictions, 'bad character', poor immigration history or unpaid NHS debts could disqualify you.
If you are successful in applying through this route, you will be granted two periods of 30 months leave-to-remain in the UK before you can apply for indefinite leave.
This is for people who cannot meet the requirements of the five-year route, for example if you cannot meet the income requirements or your current immigration status does not meet the requirements mentioned above.
The 'suitability' criteria (above) also applies to this route, and there are 'exceptional' requirements on relationships with children or partners.
If successful in applying through this route, you will be granted four periods of 30 months leave-to-remain before you can apply for indefinite leave. There is no access to public funds (apart from in exceptional circumstances) during the probationary (4 x 30 month) period.
The long residence rule for people in the UK without leave-to-remain (status) used to require proof of fourteen years continuous residence in the UK. It is now twenty years, and this only enables you to enter the ten-year route to settlement described above.
People whose family circumstances do not meet the 'exceptional' criteria of the ten-year route would have to apply under the long residence rule
