You applied for leave to remain on 2 January 2024 under the Appendix FM 5-year partner route.
However we have decided that you meet the requirements of the 10-year partner route under paragraphs R-LTRP.1.1.(a), (b) and (d) of Appendix FM We are satisfied from the information you have provided that you meet the relevant eligibility and suitability requirements and you have a parental relationship with a child and it is not reasonable to expect that child to leave the United Kingdom.
Accordingly you have been granted a period of 30 months limited leave to remain on the 10-year partner route under paragraph D-LTRP.1.2. of Appendix FM.
We have decided that you do not meet the requirements for a grant of leave under the 5-year partner route under paragraphs R-LTRP.1.1.(a), (b) and (c) for the following reasons:
The circumstances of your family in the United Kingdom require you to demonstrate that you meet the financial requirement of £18,600.00.
You have failed to demonstrate that you or your partner have an annual income of £18,600.00, either separately or with combined earnings. You therefore fail to fulfil E-LTRP.3.1 to E-LTRP 3.3 of Appendix FM of the Immigration Rules.
E-LTRP.3.1 to E-LTRP 3.3 States:
E-LTRP.3.1. The applicant must provide specified evidence, from the sources listed in paragraph E-LTRP.3.2., of-
(a) a specified gross annual income of at least-
(i) £18,600;
(ii) an additional £3,800 for the first child; and
(iii) an additional £2,400 for each additional child; alone or in combination with
(b) specified savings of-
(i) £16,000; and
(ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income from the sources listed in paragraph E-LTRP.3.2.(a)-(f) and the total amount required under paragraph E-LTRP.3.1.(a); or
(c) the requirements in paragraph E-LTRP.3.3.being met, unless paragraph EX.1. applies.
In this paragraph “child” means a dependent child of the applicant or the applicant’s partner who is-
(a) under the age of 18 years, or who was under the age of 18 years when they were first granted entry under this route;
(b) applying for entry clearance or leave to remain as a dependant of the applicant or the applicant’s partner, or is in the UK with leave as their dependant;
(c) not a British Citizen, settled in the UK, or in the UK with valid limited leave to enter or remain granted under paragraph EU3 or EU3A of Appendix EU to these Rules; and
(d) not an EEA national with a right to be admitted to or reside in the UK under the Immigration (European Economic Area) Regulations 2016.
E-LTRP.3.2. When determining whether the financial requirement in paragraph E-LTRP. 3.1. is met only the following sources may be taken into account-
(a) income of the partner from specified employment or self-employment;
(b) income of the applicant from specified employment or self-employment unless they are working illegally;
(c) specified pension income of the applicant and partner;
(d) any specified maternity allowance or bereavement benefit received by the applicant and partner in the UK or any specified payment relating to service in HM Forces received by the applicant or partner;
(e) other specified income of the applicant and partner;
(f) income from the sources at (b), (d) or (e) of a dependent child of the applicant or of the applicant’s partner under paragraph E-LTRP.3.1. who is aged 18 years or over; and
(g) specified savings of the applicant, partner and a dependent child of the applicant or of the applicant’s partner under paragraph E-LTRP.3.1. who is aged 18 years or over.
E-LTRP.3.3. The requirements to meet this paragraph are-
(a) the applicant’s partner must be receiving one or more of the following:
(i) Disability Living Allowance; or
(ii) Severe Disablement Allowance; or
(iii) Industrial Injuries Disablement Benefit; or
(iv) Attendance Allowance; or
(v) Carer’s Allowance; or
(vi) Personal Independence Payment; or
(vii) Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; or
(viii) Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; or
(ix) Police Injury Pension; or
(x) Child Disability Payment; or
(xi) Adult Disability Payment; and
(b) the applicant must provide evidence that their partner is able to maintain and accommodate themselves, the applicant and any dependants adequately in the UK without recourse to public funds.
For further guidance on finance please visit
https://www.gov.uk/remain-in-uk-family/eligibility
We have decided that your application does not meet the requirements of paragraph GEN.1.11A. of Appendix FM. Your grant of limited leave to remain in the UK is therefore subject to a condition of No Recourse to Public Funds. This means you are not entitled to receive public funds to help meet your living and accommodation costs (or those of any dependants). In addition your sponsor is not entitled to claim or receive public funds on your behalf.
Further information on what this decision means for you is set out on the next page.
Yours sincerely,
NAME REMOVED
FLR(M)
