Family Visas and Appendix FM: Legal Guidance for UK Entry Clearance, Leave to Remain and Indefinite Leave

UK Partner & Spouse Visas

Partner of a British Citizen/Settled person including Spouse Visas, Civil Partner Visas and Unmarried Partner

Family Life Applications Under Appendix FM

British Citizen’s spouse, civil partner, unmarried partner seeking to remain together in the UK under Family Life (Exceptional Circumstances) provisions. Includes a parent of a British/Settled Child.

Parent of a British or Settled Child Visa

Parent of a British/Settled Child in the UK

Settlement and Long-Term Family Residence

Indefinite Leave to Remain (‘ILR’) under the 5-year or 10-year family routes.

Spouse, Civil Partner, Fiancé(e), Proposed Civil Partner, and Parent of a British or Settled Child

The Family Route under Appendix FM of the UK Immigration Rules governs how non-UK nationals can join or remain with their family members in the United Kingdom. As one of the most significant and highly scrutinised areas of immigration law, Appendix FM sets out strict and detailed requirements that applicants must satisfy, covering partnership, parenthood, financial eligibility, English language, suitability, accommodation, and—where relevant—human rights considerations under Article 8 ECHR.

This article offers a refined and technically precise legal analysis of the family route, incorporating the structure of the Immigration Rules, Home Office policy guidance, and relevant principles from case law. It is drafted to guide individuals and families seeking reliable legal information while being fully optimised for key search terms such as UK Spouse Visa, Appendix FM requirements, minimum income requirement, Parent of British child visa, Fiancé visa UK, and Family Visa 2025.

Legal Framework: Understanding Appendix FM

Appendix FM (“Family Members”) was introduced in July 2012 as part of a major reform of family migration policy. Its purpose was to:

• Align family migration with Article 8 ECHR (right to respect for private and family life)

• Embed human rights principles within the Immigration Rules rather than relying on external discretionary assessments

• Introduce a clear and rigid framework to reduce inconsistent decision-making

• Establish financial self-sufficiency as a core requirement

• Ensure applicants integrate through English language ability

• Strengthen the evidential burden on applicants

Appendix FM operates as a self-contained legal code, meaning each application must be assessed under:

• Suitability requirements (S-EC / S-LTR)

• Eligibility requirements (E- sections)

• Appendix FM-SE (Specified Evidence)

• Exceptions (EX.1) and exceptional circumstances

• Settlement provisions (ILR under 5-year or 10-year routes)

The framework covers the following categories:

Partner Routes

• Spouse Visa

• Civil Partner Visa

• Unmarried Partner Visa

• Fiancé(e) Visa

• Proposed Civil Partner Visa

Parent Route

• Parent of a British or settled child, including those with sole responsibility, direct access, or shared care arrangements.

Child Applications

Including children applying in line with a sponsoring parent.

Mandatory Eligibility Criteria

• Financial requirement (Minimum Income Requirement/MIR)

• English language

• Adequate accommodation

• Genuine and subsisting relationship

• Intention to live together permanently

Exceptions Based on Article 8

• EX.1 for parents of British children or partners facing insurmountable obstacles

• Exceptional circumstances where refusal would breach Article 8

Settlement

• 5-year route for applicants meeting all requirements

• 10-year route for those relying on EX.1 or exceptional circumstances

Appendix FM-SE: The Evidential Framework

Appendix FM-SE is a crucial supporting part of the Rules. It dictates:

• The exact documents an applicant must provide

• How they must be formatted

• The precise time periods they must cover

• Which financial categories are applicable

Failure to comply results in automatic refusal, as caseworkers have no discretion to overlook evidential deficiencies. This is one of the most common reasons for refusal in partner and parent applications.

Appendix FM-SE governs:

• Employment income (Categories A & B)

• Non-employment income

• Savings (Category D)

• Pension income

• Self-employment (Categories F & G)

• Combined sources

• Accountant certifications

• Employer letters

• Bank statements and payslips

The evidential framework is intentionally rigid, reflecting the Home Office’s policy aim of reducing fraudulent or insufficient financial documentation.

Suitability Requirements (S-EC and S-LTR)

The suitability criteria must be met before an applicant’s eligibility is considered. They relate to:

• Criminal convictions (with mandatory refusal thresholds)

• Persistent offending or risk to the public interest

• Deception or dishonesty in immigration matters

• False representations

• Previous immigration breaches

• Outstanding NHS debt or litigation costs

• Exclusion on public policy or national security grounds

Suitability refusals can be mandatory or discretionary, depending on the paragraph engaged. Representation is often essential where applicants have minor criminal records, historical overstaying, or alleged deception.

Partner Route: Spouse, Civil Partner, Unmarried Partner, Fiancé(e)

Genuine and Subsisting Relationship

The applicant must demonstrate:

• A legally valid marriage or civil partnership; OR

• A durable relationship equivalent to marriage (for unmarried partners, at least 2 years’ cohabitation); OR

• A genuine intention to marry/enter a civil partnership within 6 months (for fiancé(e)s)

Decision-makers assess:

• Relationship history & communication

• Evidence of cohabitation

• Shared financial responsibilities

• Joint travel, correspondence, and life commitments

• Credibility of personal statements

Where relationships involve cultural, financial, or geographical differences, detailed legal submissions may be required.

Financial Requirement: Minimum Income Requirement (‘MIR’)

The current Minimum Income Requirement is £29,000 for partner visas.

Accepted income sources include:

• Salaried and non-salaried employment

• Self-employment

• Dividends

• Pension income

• Rental income

• Cash savings above £16,000 (with specific calculation formulas)

• Non-employment income

• Combinations of certain categories

Sponsors in receipt of certain benefits instead undergo the adequate maintenance test.

Failure to meet the requirement is a major ground for refusal and the subject of frequent legal challenge, most notably in MM (Lebanon) v SSHD [2017] UKSC 10, where the Supreme Court upheld the MIR but required better consideration of children’s best interests.

English Language Requirement

Applicants must demonstrate English language ability at:

• A1 (entry clearance)

• A2 (extension)

• B1 (ILR)

Through:

• Secure English Language Test (SELT)

• Academic qualification equivalent to UK degree

• Exemptions (age, disability, exceptional circumstances)

Accommodation Requirement

Accommodation must be:

• Adequate

• Not overcrowded

• Owned or exclusively occupied by the applicant/sponsor

Landlord letters, property inspection reports, and tenancy documents may be required.

Fiancé(e) and Proposed Civil Partner Visas

This 6-month visa allows entry to the UK to:

• Marry a British or settled partner

• Register a civil partnership

Key features:

• No permission to work

• Must meet financial, accommodation and English language requirements

• After marriage, applicants switch to the spouse/civil partner route

• Requires detailed proof of wedding arrangements or genuine intention

Parent of a British or Settled Child

Applicants must show:

• They are the parent of a British citizen or settled child

• They have sole responsibility, shared responsibility, or direct access under a court order

• They play an active role in the child’s upbringing

• It would be unreasonable for the child to leave the UK

Legal assessment centres on:

• Section 55 Borders, Citizenship and Immigration Act 2009

• The best interests of the child being a primary consideration

• Case law (e.g., ZH (Tanzania); KO (Nigeria))

This route often requires detailed evidence: school records, letters from professionals, court orders, and contact logs.

Exceptions Under Appendix FM (EX.1) and Article 8 Considerations

Where applicants cannot meet all requirements, EX.1 may apply. It applies where:

1. The applicant has a genuine parental relationship with a British child and it would be unreasonable for the child to leave the UK; OR

2. The applicant has a genuine and subsisting relationship with a partner, and there are insurmountable obstaclesto the couple’s family life continuing outside the UK.

Applicants under EX.1 usually join the 10-year route, though they may switch later to the 5-year route if they subsequently meet all requirements.

“Exceptional circumstances” may also be considered outside the Rules where refusal would result in unjustifiably harsh consequences or breach Article 8.

Settlement (Indefinite Leave to Remain) in the Family Route

Most applicants qualify for settlement after 5 years, provided they meet:

• All requirements continuously

• Absence limits

• B1 English

• Life in the UK Test

• No suitability issues

• Relationship or parental involvement remains genuine

Applicants granted leave on the 10-year route can eventually apply for ILR after 10 years’ continuous lawful residence.

Conclusion

The Family Route under Appendix FM represents one of the most exacting and evidence-intensive areas of UK immigration law. Whether applying as a spouse, civil partner, fiancé(e) or parent, applicants must navigate stringent legal requirements contained in the Rules, supplemented by exacting evidential standards under Appendix FM-SE.

A failure to meet the technical criteria particularly under the financial and evidential rules can result in refusal, further delay or the need for human rights arguments. Given the complexity and consequences, professional legal representation remains crucial to ensuring fully compliant applications and avoiding preventable refusal risks.