Third Party Support in Appendix FM applications

Third Party Support in Appendix FM applications

Applicants for UK entry clearance or leave to remain under Appendix FM (including spouse visas, civil partner visas, unmarried partner visas, fiancé visas and proposed civil partner visas), must meet strict financial requirements. This should be proven by employment, self-employment, property/rental income, dividends, cash savings or pensions income. If an application is granted based on a third party support, the applicant is placed on a 10-year route to settlement, rather than the standard 5 year route.

When is third party support permitted?

Third Party financial support is not generally permitted.

Third party support is allowed only in exceptional circumstances where:

1. The applicant cannot meet the financial requirement using standard permitted sources, and

2. Exceptional circumstances exist, such that refusing the application would breach Article 8 of the European Convention on Human Rights (ECHR), leading to unjustifiably harsh consequences for the applicant, their partner or a relevant child.

What is exceptional circumstances?

Exceptional circumstances should be such, that could demonstrate that the refusal of the application would infringe the right to private or family life (Article 8 ECHR), owing to consequences that are more severe than the public interest can justify – considering factors like effective immigration control, burden on the taxpayer and integration etc.

Who counts as a ‘relevant child’?

A ‘relevant child’ is:

- Under 18 years old at the time of applying; and

- Evidently affected by the refusal of the application.

Their best interests must be a primary consideration.

Section 55 of the Borders, Citizenship and Immigration Act 2009

Section 55 of the Borders, Citizenship and Immigration Act 2009 is a UK law that requires the Secretary of State to make arrangements so that immigration, asylum and nationality functions are carried out while giving primary consideration to the need to safeguard and promote the welfare of children in the UK. This duty applies to the Secretary of State's functions and those of other persons, such as immigration officers and contractors, who perform these functions. Key aspects of this duty include fair treatment, considering a child's interests, and providing services with regard to their physical and mental health, and intellectual, emotional, social, or behavioural development.

What evidence is required for Third Party Support?

Under Appendix FM-SE (paragraph 21A), it is assessed on:

- A credible, sustainable guarantee of support from a third party;

- Documentary evidence that is signed, dated and independently verified;

- Details of the third party’s financial situation and history of prior support;

- An assessment of how much the applicant relies on this support; and

- Likelihood of change in the third party’s financial circumstances or relationship with the applicant during the leave period.

Do you need help with third party support?

If you need help with third party support in an Appendix FM application, our team can assist with your application process.

You are welcome to contact us should you wish to discuss your immigration matter in detail. We shall be pleased to have a consultation with you as per your convenience. We will be happy to assist with your complete immigration application process. Email us on office@arukvisa.co.uk or call us on 07548856403 or complete and submit our contact form.