Immigration Rules

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Immigration Rules Appendix FM-SE: family members specified evidence

Family members - specified evidence

Family Members - Specified Evidence

  1. A. This Appendix sets out the specified evidence applicants need to provide to meet the requirements of rules contained in Appendix FM and, where those requirements are also contained in other rules, including Appendix Armed Forces, and unless otherwise stated, the specified evidence applicants need to provide to meet the requirements of those rules.
  2. B. Where evidence is not specified by Appendix FM, but is of a type covered by this Appendix, the requirements of this Appendix shall apply.
  3. C. In this Appendix references to paragraphs are to paragraphs of this Appendix unless the context otherwise requires.
  4. D. (a) In deciding an application in relation to which this Appendix states that specified documents must be provided, the Entry Clearance Officer or Secretary of State (“the decision-maker”) will consider documents that have been submitted with the application, and will only consider documents submitted after the application where sub-paragraph (b), (e) or (f) applies.
    1. (b) If the applicant:
      1. (i) Has submitted:
        1. (aa) A sequence of documents and some of the documents in the sequence have been omitted (e.g. if one bank statement from a series is missing);
        2. (bb) A document in the wrong format (for example, if a letter is not on letterhead paper as specified); or
        3. (cc) A document that is a copy and not an original document; or
        4. (dd) A document which does not contain all of the specified information; or
      2. (ii) Has not submitted a specified document, the decision-maker may contact the applicant or his representative in writing or otherwise, and request the document(s) or the correct version(s). The material requested must be received at the address specified in the request within a reasonable timescale specified in the request.
    2. (c) The decision-maker will not request documents where he or she does not anticipate that addressing the error or omission referred to in sub-paragraph (b) will lead to a grant because the application will be refused for other reasons.
    3. (d) If the applicant has submitted:
      1. (i) A document in the wrong format; or
      2. (ii) A document that is a copy and not an original document, or
      3. (iii) A document that does not contain all of the specified information, but the missing information is verifiable from:
        1. (1) other documents submitted with the application,
        2. (2) the website of the organisation which issued the document, or
        3. (3) the website of the appropriate regulatory body, the application may be granted exceptionally, providing the decision-maker is satisfied that the document(s) is genuine and that the applicant meets the requirement to which the document relates. The decision-maker reserves the right to request the specified original document(s) in the correct format in all cases where sub-paragraph (b) applies, and to refuse applications if this material is not provided as set out in sub-paragraph (b).
    4. (e) Where the decision-maker is satisfied that there is a valid reason why a specified document(s) cannot be supplied, e.g. because it is not issued in a particular country or has been permanently lost, he or she may exercise discretion not to apply the requirement for the document(s) or to request alternative or additional information or document(s) be submitted by the applicant.
    5. (f) Before making a decision under Appendix FM or this Appendix, the decision-maker may contact the applicant or their representative in writing or otherwise to request further information or documents. The material requested must be received at the address specified in the request within a reasonable timescale specified in the request.
  5. E. A reference in this Appendix to the provision of evidence from a UK government department includes evidence from a body performing an equivalent function to such a department.

Evidence of Financial Requirements under Appendix FM

  1. A1. To meet the financial requirement under paragraphs E-ECP.3.1., E-LTRP.3.1., E-ECC.2.1. and E-LTRC.2.1. of Appendix FM, the applicant must meet:
    1. (a) The level of financial requirement applicable to the application under Appendix FM; and
    2. (b) The requirements specified in Appendix FM and this Appendix as to:
      1. (i) The permitted sources of income and savings;
      2. (ii) The time periods and permitted combinations of sources applicable to each permitted source relied upon; and
      3. (iii) The evidence required for each permitted source relied upon.
  2. 1. In relation to evidencing the financial requirements in Appendix FM the following general provisions shall apply:
    1. (a) Bank statements must:
      1. (i) be from a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating.
      2. (ii) not be from a financial institution on the list of excluded institutions in Appendix P of these rules.
      3. (iii) in relation to personal bank statements be only in the name of:
        1. (1) the applicant’s partner, the applicant or both as appropriate; or
        2. (2) if the applicant is a child the applicant parent’s partner, the applicant’s parent or both as appropriate; or
        3. (3) if the applicant is an adult dependent relative, the applicant’s sponsor or the applicant, unless otherwise stated.
      4. (iv) cover the period(s) specified.
      5. (v) be:
        1. (1) on official bank stationery; or
        2. (2) electronic bank statements which are either accompanied by a letter from the bank on its headed stationery confirming that the documents are authentic or which bear the official stamp of the issuing bank on every page.
    2. (aa) Where a bank statement is specified in this Appendix, a building society statement, a building society pass book, a letter from the applicant’s bank or building society, or a letter from a financial institution regulated by the Financial Conduct Authority and the Prudential Regulation Authority or, for overseas accounts, the appropriate regulatory body for the country in which the institution operates and the funds are located, may be submitted as an alternative to a bank statement(s) provided that:
      1. (1) the requirements in paragraph 1(a)(i)-(iv) are met as if the document were a bank statement; and
      2. (2) a building society pass book must clearly show:
        1. (i) the account number;
        2. (ii) the building society’s name and logo; and
        3. (iii) the information required on transactions, funds held and time period(s) or as otherwise specified in this Appendix in relation to bank statements; and/or
      3. (3) a letter must be on the headed stationery of the bank, building society or other financial institution and must clearly show:
        1. (i) the account number,
        2. (ii) the date of the letter;
        3. (iii) the financial institution’s name and logo; and
        4. (iv) the information required on transactions, funds held and time period(s) or as otherwise specified in this Appendix in relation to bank statements.
    3. (b) Promises of third party support will not be accepted. Third party support will only be accepted in the form of:
      1. (i) payments from a former partner of the applicant for the maintenance of the applicant or any children of the applicant and the former partner, and payments from a former partner of the applicant’s partner for the maintenance of that partner;
      2. (ii) income from a dependent child who has turned 18, remains in the same UK household as the applicant and continues to be counted towards the financial requirement under Appendix FM;
      3. (iii) gift of cash savings (whose source must be declared) evidenced at paragraph 1(a)(iii), provided that the cash savings have been held by the person or persons at paragraph 1(a)(iii) for at least 6 months prior to the date of application and are under their control; and
      4. (iv) a maintenance grant or stipend associated with undergraduate study or postgraduate study or research.
    4. (bb) Payslips must be:
      1. (i) original formal payslips issued by the employer and showing the employer’s name; or
      2. (ii) accompanied by a letter from the employer, on the employer’s headed paper and signed by a senior official, confirming the payslips are authentic;
    5. (c) The employment or self employment income of an applicant will only be taken into account if they are in the UK, aged 18 years or over and working legally, and prospective employment income will not be taken into account (except that of an applicant’s partner or parent’s partner who is returning to employment or self-employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix FM).
    6. (cc) The income of an applicant or sponsor working in the UK in salaried or non-salaried employment or in self-employment can include income from work undertaken overseas, provided paragraph E-LTRP.1.10 of Appendix FM and the other requirements of this Appendix are met.
    7. (d) All income and savings must be lawfully derived.
    8. (e) Savings must be held in cash.
    9. (f) Income or cash savings in a foreign currency will be converted to pounds sterling using the closing spot exchange rate which appears on www.oanda.com* on the date of application.
    10. (g) Where there is income or cash savings in different foreign currencies, each will be converted into pounds sterling before being added together, and then added to any UK income or savings to give a total amount.
    11. (h) All documentary evidence must be original, unless otherwise stated.
    12. (i) Evidence of profit from the sale of a business, property, investment, bond, stocks, shares or other asset will:
      1. (i) not be accepted as evidence of income, but
      2. (ii) the associated funds will be accepted as cash savings subject to the requirements of this Appendix and Appendix FM.
    13. (j) Where any specified documents provided are not in English or Welsh, the applicant must provide the original and a full translation that can be independently verified by the Entry Clearance Officer, Immigration Officer or the Secretary of State. The translation must be dated and include:
      1. (i) confirmation that it is an accurate translation of the original document;
      2. (ii) the full name and original signature of the translator or an authorised official of the translation company;
      3. (iii) the translator or translation company’s contact details; and
      4. (iv) if the applicant is applying for leave to remain or indefinite leave to remain, certification by a qualified translator and details of the translator or translation company’s credentials.
    14. (k) Where the gross (pre-tax) amount of any income cannot be properly evidenced, the net (post-tax) amount will be counted, including towards a gross income requirement.
    15. (l) Where this Appendix requires the applicant to provide specified evidence relating to a period which ends with the date of application, that evidence, or the most recently dated part of it, must be dated no earlier than 28 days before the date of application.
    16. (m) Cash income on which the correct tax has been paid may be counted as income under this Appendix, subject to the relevant evidential requirements of this Appendix.
    17. (n) The gross amount of any cash income may be counted where the person’s specified bank statements show the net amount which relates to the gross amount shown on their payslips (or in the relevant specified evidence provided in addition to the specified bank statements in relation to non-employment income). Otherwise, only the net amount shown on the specified bank statements may be counted.
    18. (o) In this Appendix, a reference to the “average” is a reference to the mean average.
  3. 2. In respect of salaried employment in the UK (except where paragraph 9 applies), all of the following evidence must be provided:
    1. (a) Payslips covering:
      1. (i) a period of 6 months prior to the date of application if the person has been employed by their current employer for at least 6 months (and where paragraph 13(b) of this Appendix does not apply); or
      2. (ii) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a) of this Appendix), or in the financial year(s) relied upon by a self-employed person.
    2. (b) A letter from the employer(s) who issued the payslips at paragraph 2(a) confirming:
      1. (i) the person’s employment and gross annual salary;
      2. (ii) the length of their employment;
      3. (iii) the period over which they have been or were paid the level of salary relied upon in the application; and
      4. (iv) the type of employment (permanent, fixed-term contract or agency).
    3. (c) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 2(a), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.
    4. (d) Where the person is a director of a limited company based in the UK, evidence that the company is not of a type specified in paragraph 9(a). This can include the latest Annual Return filed at Companies House.
    5. (e) Where a person appointed as a non-executive director of a limited company based in the UK, which is not a company of the type specified in paragraph 9(a), is paid a fee instead of a salary, this income may be treated and evidenced as though it were income received for employment in that capacity.
  4. 2A. (i) In respect of salaried employment in the UK (paragraph 2 of this Appendix), statutory or contractual maternity, paternity, adoption or sick pay in the UK (paragraph 5 or 6 of this Appendix), or a director’s salary paid to a self-employed person (paragraph 9 of this Appendix), the applicant may, in addition to the payslips and personal bank statements required under that paragraph, submit the P60 for the relevant period(s) of employment relied upon (if issued). If they do not, the Entry Clearance Officer or Secretary of State may grant the application if otherwise satisfied that the requirements of this Appendix relating to that employment are met. The Entry Clearance Officer or Secretary of State may request that the applicant submit the document(s) in accordance with paragraph D of this Appendix.
  5. (ii) In respect of salaried employment in the UK (paragraph 2 of this Appendix), or statutory or contractual maternity, paternity, adoption or sick pay in the UK (paragraph 5 or 6 of this Appendix), the applicant may, in addition to the letter from the employer(s) required under that paragraph, submit a signed contract of employment. If they do not, the Entry Clearance Officer or Secretary of State may grant the application if otherwise satisfied that the requirements of this Appendix relating to that employment are met. The Entry Clearance Officer or Secretary of State may request that the applicant submit the document(s) in accordance with paragraph D of this Appendix.
  6. 3. In respect of salaried employment outside of the UK, evidence should be a reasonable equivalent to that set out in paragraph 2 and (where relevant) paragraph 2A. In respect of an equity partner whose income from the partnership is treated as salaried employment under paragraph 17, the payslips and employer’s letter referred to in paragraph 2 may be replaced by other evidence providing the relevant information in paragraph 2 (which may include, but is not confined to, a letter on official stationery from an accountant, solicitor or business manager acting for the partnership).
  7. 4. In respect of a job offer in the UK (for an applicant’s partner or parent’s partner returning to salaried employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix FM) a letter from the employer must be provided:
    1. (a) confirming the job offer, the gross annual salary and the starting date of the employment which must be within 3 months of the applicant’s partner’s return to the UK; or
    2. (b) enclosing a signed contract of employment, which must have a starting date within 3 months of the applicant’s partner’s return to the UK.
  8. 5. In respect of statutory or contractual maternity, paternity or adoption pay all of the following, and in respect of parental leave in the UK only the evidence at paragraph 5(c), must be provided:
    1. (a) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 5(b), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.
    2. (b) Payslips covering:
      1. (i) a period of 6 months prior to the date of application or to the commencement of the maternity, paternity or adoption leave, if the applicant has been employed by their current employer for at least 6 months (and where paragraph 13(b) does not apply); or
      2. (ii) any period of salaried employment in the period of 12 months prior to the date of application or to the commencement of the maternity, paternity or adoption leave, if the applicant has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)).
    3. (c) A letter from the employer confirming:
      1. (i) the length of the person’s employment;
      2. (ii) the gross annual salary and the period over which it has been paid at this level;
      3. (iii) the entitlement to maternity, paternity, parental or adoption leave; and
      4. (iv) the date of commencement and the end-date of the maternity, paternity, parental or adoption leave.
  9. 6. In respect of statutory or contractual sick pay in the UK all of the following must be provided:
    1. (a) Personal bank statements corresponding to the same period(s) as the payslips at paragraph 6(b), showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.
    2. (b) Payslips covering:
      1. (i) a period of 6 months prior to the date of application or to the commencement of the sick leave, if the applicant has been employed by their current employer for at least 6 months (and where paragraph 13(b) does not apply); or,
      2. (ii) any period of salaried employment in the period of 12 months prior to the date of application or to the commencement of the sick leave, if the applicant has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)).
    3. (c) A letter from employer confirming:
      1. (i) the length of the person’s employment;
      2. (ii) the gross annual salary and the period over which it has been paid at this level;
      3. (iii) that the person is in receipt of statutory or contractual sick pay; and
      4. (iv) the date of commencement of the sick leave.
  10. 7. In respect of self-employment in the UK as a partner, as a sole trader or in a franchise all of the following must be provided:
    1. (a) Evidence of the amount of tax payable, paid and unpaid for the last full financial year.
    2. (b) The following documents for the last full financial year, or for the last two such years (where those documents show the necessary level of gross profit as an average of those two years):
      1. (i) annual self-assessment tax return to HMRC (a copy or print-out); and
      2. (ii) Statement of Account (SA300 or SA302).
    3. (c) Proof of registration with HMRC as self-employed if available.
    4. (d) Each partner’s Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business.
    5. (e) Where the person holds or held a separate business bank account(s), bank statements for the same 12-month period as the tax return(s).
    6. (f) personal bank statements for the same 12-month period as the tax return(s) showing that the income from self-employment has been paid into an account in the name of the person or in the name of the person and their partner jointly.
    7. (g) Evidence of ongoing self-employment through the provision of at least one of the following: a bank statement dated no more than three months earlier than the date of application showing transactions relating to ongoing trading, or evidence dated no more than three months earlier than the date of application of the renewal of a licence to trade or of ongoing payment of business rates, business-related insurance premiums, employer National Insurance contributions or franchise payments to the parent company.
    8. (h) One of the following documents must also be submitted:
      1. (i) (aa) If the business is required to produce annual audited accounts, such accounts for the last full financial year; or
      2. (bb) If the business is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants;
      3. (ii) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year;
      4. (iii) Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address (where this is a local authority requirement); or
      5. (iv) A franchise agreement signed by both parties.
    9. (i) The document referred to in paragraph 7(h)(iv) must be provided if the organisation is a franchise.
  11. 8. In respect of self-employment outside of the UK, evidence should be a reasonable equivalent to that set out in paragraph 7.
  12. 8A. In respect of prospective self-employment in the UK (for an applicant’s partner or parent’s partner who, in respect of paragraph E-ECP.3.2.(a) or E-ECC.2.2.(a) of Appendix FM, is in self-employment outside the UK at the date of application and is returning to the UK to continue that self-employment), one of the following must be provided, with a starting date within three months of the person’s return to the UK:
    1. (a) An application to the appropriate authority for a licence to trade;
    2. (b) Details of the purchase or rental of business premises;
    3. (c) A signed employment contract or a signed contract for the provision of services; or
    4. (d) A partnership or franchise agreement signed by the relevant parties to the agreement.
  13. 9. In respect of income from employment and/or shares in a limited company based in the UK of a type specified in paragraph 9(a), the requirements of paragraph 9(b)-(e) shall apply in place of the requirements of paragraphs 2 and 10(b).
    1. (a) The specified type of limited company is one in which:
      1. (i) the person is a director of the company (or another company within the same group); and
      2. (ii) shares are held (directly or indirectly) by the person, their partner or the following family members of the person or their partner: parent, grandparent, child, stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece or first cousin; and
      3. (iii) any remaining shares are held (directly or indirectly) by fewer than five other persons.
    2. (b) All of the following must be provided:
      1. (i) Company Tax Return CT600 (a copy or print-out) for the last full financial year and evidence this has been filed with HMRC, such as electronic or written acknowledgment from HMRC.
      2. (ii) Evidence of registration with the Registrar of Companies at Companies House.
      3. (iii) If the company is required to produce annual audited accounts, such accounts for the last full financial year.
      4. (iv) If the company is not required to produce annual audited accounts, unaudited accounts for the last full financial year and an accountant’s certificate of confirmation, from an accountant who is a member of a UK Recognized Supervisory Body (as defined in the Companies Act 2006) or who is a member of the Institute of Financial Accountants.
      5. (v) Corporate/business bank statements covering the same 12-month period as the Company Tax Return CT600.
      6. (vi) A current Appointment Report from Companies House.
      7. (vii) One of the following documents must also be provided:
        1. (1) A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number, if turnover is in excess of £79,000 or was in excess of the threshold which applied during the last full financial year.
        2. (2) Proof of ownership or lease of business premises.
        3. (3) Original proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance, proof of PAYE reference number and Accounts Office reference number. This evidence may be in the form of a certified copy of the documentation issued by HMRC.
    3. (c) Where the person is listed as a director of the company and receives a salary from the company, all of the following documents must also be provided:
      1. (i) Payslips and P60 (if issued) covering the same period as the Company Tax Return CT600.
      2. (ii) Personal bank statements covering the same 12-month period as the Company Tax Return CT600 showing that the salary as a director was paid into an account in the name of the person or in the name of the person and their partner jointly.
    4. (d) Where the person receives dividends from the company, all of the following documents must also be provided:
      1. (i) Dividend vouchers for all dividends declared in favour of the person during or in respect of the period covered by the Company Tax Return CT600 showing the company’s and the person’s details with the person’s net dividend amount and tax credit.
      2. (ii) Personal bank statement(s) showing that those dividends were paid into an account in the name of the person or in the name of the person and their partner jointly.
    5. (e) For the purposes of paragraph 19(a), evidence of ongoing employment as a director of the company or of ongoing receipt of dividend income from the company must be provided. This evidence may include payslips (or dividend vouchers) and personal bank statements showing that, in the period since the latest 12-month period covered by the Company Tax Return CT600, the person’s salary as a director of the company (or dividend income from the company) was paid into an account in the name of the person or in the name of the person and their partner jointly. Alternative evidence may include evidence of ongoing payment of business rates, business-related insurance premiums or employer National Insurance contributions in relation to the company.
  14. 10. In respect of non-employment income all the following evidence, in relation to the form of income relied upon, must be provided:
    1. (a) To evidence property rental income:
      1. (i) Confirmation that the person or the person and their partner jointly own the property for which the rental income is received, through:
        1. (1) A copy of the title deeds of the property or of the title register from the Land Registry (or overseas equivalent); or
        2. (2) A mortgage statement.
      2. (ii) personal bank statements for or from the 12-month period prior to the date of application showing the income relied upon was paid into an account in the name of the person or of the person and their partner jointly.
      3. (iii) A rental agreement or contract.
    2. (b) To evidence dividends (except where paragraph 9 applies) or other income from investments, stocks, shares, bonds or trust funds:
      1. (i) A certificate showing proof of ownership and the amount(s) of any investment(s).
      2. (ii) A portfolio report (for a financial institution regulated by the Financial Conduct Authority (and the Prudential Regulation Authority where applicable) in the UK) or a dividend voucher showing the company and person’s details with the person’s net dividend amount and tax credit.
      3. (iii) personal bank statements for or from the 12-month period prior to the date of application showing that the income relied upon was paid into an account in the name of the person or of the person and their partner jointly.
      4. (iv) Where the person is a director of a limited company based in the UK, evidence that the company is not of a type specified in paragraph 9(a). This can include the latest Annual Return filed at Companies House.
    3. (c) To evidence interest from savings:
      1. (i) personal bank statements for or from the 12-month period prior to the date of application showing the amount of the savings held and that the interest was paid into an account in the name of the person or of the person and their partner jointly.
    4. (d) To evidence maintenance payments (from a former partner of the applicant to maintain their and the applicant’s child or children or the applicant, or from a former partner of the applicant’s partner to maintain the applicant’s partner):
      1. (i) Evidence of a maintenance agreement through any of the following:
        1. (1) A court order;
        2. (2) Written voluntary agreement; or
        3. (3) Child Support Agency documentation.
      2. (ii) personal bank statements for or from the 12-month period prior to the date of application showing the income relied upon was paid into an account in the name of the person or the person and their partner jointly.
    5. (e) To evidence a pension:
      1. (i) Official documentation from:
        1. (1) The Department for Work and Pensions (in respect of the Basic State Pension and the Additional or Second State Pension) or other government department or agency, including the Veterans Agency;
        2. (2) An overseas pension authority; or
        3. (3) A pension company,
        4. confirming pension entitlement and amount (and, where applicable, reflecting any funds withdrawn from the pension account or fund).
      2. (ii) At least one personal bank statement in the 12-month period prior to the date of application showing payment of the pension into the person’s account.
      3. (iii) For the purposes of sub-paragraph (i), War Disablement Pension, War Widow’s/Widower’s Pension and any other pension or equivalent payment for life made under the War Pensions Scheme, the Armed Forces Compensation Scheme or the Armed Forces Attributable Benefits Scheme may be treated as a pension, unless excluded under paragraph 21 of this Appendix.
    6. (f) To evidence UK Maternity Allowance, Bereavement Allowance, Bereavement Payment and Widowed Parent’s Allowance:
      1. (i) Department for Work and Pensions documentation confirming the person or their partner is or was in receipt of the benefit in the 12-month period prior to the date of application.
      2. (ii) personal bank statements for or from the 12-month period prior to the date of application showing the income was paid into the person’s account.
    7. (ff) Subject to paragraph 12, to evidence payments under the War Pensions Scheme, the Armed Forces Compensation Scheme or the Armed Forces Attributable Benefits Scheme which are not treated as a pension for the purposes of paragraph 10(e)(i):
      1. (i) Veterans Agency or Department for Work and Pensions documentation in the form of an award notification letter confirming the person or their partner is or was in receipt of the payment at the date of application.
      2. (ii) personal bank statements for or from the 12-month period prior to the date of application showing the income was paid into the person’s account.
    8. (g) To evidence a maintenance grant or stipend (not a loan) associated with undergraduate study or postgraduate study or research:
      1. (i) Documentation from the body or company awarding the grant or stipend confirming that the person is currently in receipt of the grant or stipend or will be within 3 months of the date of application, confirming that the grant or stipend will be paid for a period of at least 12 months or for at least one full academic year from the date of application or from the date on which payment of the grant or stipend will commence, and confirming the annual amount of the grant or stipend. Where the grant or stipend is or will be paid on a tax-free basis, the amount of the gross equivalent may be counted as income under this Appendix.
      2. (ii) personal bank statements for any part of the 12-month period prior to the date of the application during which the person has been in receipt of the grant or stipend showing the income was paid into the person’s account.
    9. (h) To evidence ongoing insurance payments (such as, but not exclusively, payments received under an income protection policy):
      1. (i) documentation from the insurance company confirming:
      2. (a) that in the 12 months prior to the date of application the person has been in receipt of insurance payments and the amount and frequency of the payments.
      3. (b) the reason for the payments and their expected duration.
      4. (c) that, provided any relevant terms and conditions continue to be met, the payment(s) will continue for at least the 12 months following the date of application.
      5. (ii) personal bank statements for or from the 12-month period prior to the date of application showing the insurance payments were paid into the person’s account.
    10. (i) To evidence ongoing payments (other than maintenance payments under paragraph 10(d)) arising from a structured legal settlement (such as, but not exclusively, one arising from settlement of a personal injury claim):
      1. (i) documentation from a court or the person’s legal representative confirming:
      2. (a) that in the 12 months prior to the date of application the person has been in receipt of structured legal settlement payments and the amount and frequency of those payments.
      3. (b) the reason for the payments and their expected duration.
      4. (c) that the payment(s) will continue for at least the 12 months following the date of application.
      5. (ii) personal bank statements for or from the 12-month period prior to the date of application showing the payments were paid into the person’s account, either directly or via the person’s legal representative.
  15. 11. In respect of cash savings the following must be provided:
    1. (a) personal bank statements showing that at least the level of cash savings relied upon in the application has been held in an account(s) in the name of the person or of the person and their partner jointly throughout the period of 6 months prior to the date of application.
    2. (b) A declaration by the account holder(s) of the source(s) of the cash savings.
  16. 11A. In respect of cash savings:
    1. (a) The savings may be held in any form of bank/savings account (whether a current, deposit or investment account, provided by a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating), provided that the account allows the savings to be accessed immediately (with or without a penalty for withdrawing funds without notice). This can include savings held in a pension savings account which can be immediately withdrawn.
    2. (b) Paid out competition winnings or a legacy which has been paid can contribute to cash savings.
    3. (c) Funds held as cash savings by the applicant, their partner or both jointly at the date of application can have been transferred from investments, stocks, shares, bonds or trust funds within the period of 6 months prior to the date of application, provided that:
      1. (i) The funds have been in the ownership and under the control of the applicant, their partner or both jointly for at least the period of 6 months prior to the date of application.
      2. (ii) The ownership of the funds in the form of investments, stocks, shares, bonds or trust funds; the cash value of the funds in that form at or before the beginning of the period of 6 months prior to the date of application; and the transfer of the funds into cash, are evidenced by a portfolio report or other relevant documentation from a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating.
      3. (iii) The requirements of this Appendix in respect of the cash savings held at the date of application are met, except that the period of 6 months prior to the date of application in paragraph 11(a) will be reduced by the amount of that period in which the relevant funds were held in the form of investments, stocks, shares, bonds or trust funds.
      4. (iv) For the purposes of sub-paragraph 11A(c), “investments” includes funds held in an investment account or pension account or fund which does not meet the requirements of paragraphs 11 and 11A(a).
    4. (d) Funds held as cash savings by the applicant, their partner or both jointly at the date of application can be from the proceeds of the sale of property, in the form only of a dwelling, other building or land, which took place within the period of 6 months prior to the date of application, provided that:
      1. (i) The property (or relevant share of the property) was owned at the beginning of the period of 6 months prior to the date of application and at the date of sale by the applicant, their partner or both jointly.
      2. (ii) Where ownership of the property was shared with a third party, only the proceeds of the sale of the share of the property owned by the applicant, their partner or both jointly may be counted.
      3. (iii) The funds deposited as cash savings are the net proceeds of the sale, once any mortgage or loan secured on the property (or relevant share of the property) has been repaid and once any taxes and professional fees associated with the sale have been paid.
      4. (iv) The decision-maker is satisfied that the requirements in sub-paragraphs (i)-(iii) are met on the basis of information and documents submitted in support of the application. These may include for example:
        1. (1) Registration information or documentation (or a copy of this) from the Land Registry (or overseas equivalent).
        2. (2) A letter from a solicitor (or other relevant professional, if the sale takes place overseas) instructed in the sale of the property confirming the sale price and other relevant information.
        3. (3) A letter from a lender (a bank or building society) on its headed stationery regarding the repayment of a mortgage or loan secured on the property.
        4. (4) Confirmation of payment of taxes or professional fees associated with the sale.
        5. (5) Any other relevant evidence that the requirements in subparagraphs (i)-(iii) are met.
      5. (v) The requirements of this Appendix in respect of the cash savings held at the date of application are met, except that the period of 6 months mentioned in paragraph 11(a) will be reduced by the amount of time which passed between the start of that 6-month period and the deposit of the proceeds of the sale in an account mentioned in paragraph 11(a).
  17. 12. Where a person is in receipt of Carer’s Allowance, Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance or Personal Independence Payment or Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme or Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme, or a Police Disability Pension, all the following must be provided:
    1. (a) Official documentation from the Department for Work and Pensions, Veterans Agency or Police Pension Authority confirming the current entitlement and the amount currently received.
    2. (b) At least one personal bank statement in the 12-month period prior to the date of application showing payment of the amount of the benefit or allowance to which the person is currently entitled into their account.
  18. 12A. Where the financial requirement the applicant must meet under Appendix FM relates to adequate maintenance, paragraphs 2 to 12 apply only to the extent and in the manner specified by this paragraph. Where such a financial requirement applies, the applicant must provide the following evidence:
    1. (a) Where the current salaried employment in the UK of the applicant or their partner, parent, parent’s partner or sponsor is relied upon:
      1. (i) A letter from the employer confirming the employment, the gross annual salary and the annual salary after income tax and National Insurance contributions have been paid, how long the employment has been held, and the type of employment (permanent, fixed-term contract or agency).
      2. (ii) Payslips covering the period of 6 months prior to the date of application or such shorter period as the current employment has been held.
      3. (iii) personal bank statement covering the same period as the payslips, showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.
    2. (b) Where statutory or contractual maternity, paternity, adoption or sick pay in the UK of the applicant or their partner, parent, parent’s partner or sponsor are relied upon, paragraph 5(b)(i) and (c) or paragraph 6(b)(i) and (c) apply as appropriate.
    3. (c) Where self-employment in the UK of the applicant or their partner, parent, parent’s partner or sponsor, or income from employment and/or shares in a limited company based in the UK of a type to which paragraph 9 applies, is relied upon, paragraph 7 or 9 applies as appropriate.
    4. (d) Where the non-employment income of the applicant or their partner, parent, parent’s partner or sponsor is relied upon, paragraph 10 applies and paragraph 10(f) shall apply as if it referred to any UK welfare benefit or tax credit relied upon and to HMRC as well as Department for Work and Pensions or other official documentation.
    5. (e) Where the cash savings of the applicant or their partner, parent, parent’s partner or sponsor are relied upon, paragraphs 11 and 11A apply.
    6. (f) The monthly housing and Council Tax costs for the accommodation in the UK in which the applicant (and any other family members who are or will be part of the same household) lives or will live if the application is granted.
    7. (g) Where the applicant is an adult dependent relative applying for entry clearance, the applicant must in addition provide details of the care arrangements in the UK planned for them by their sponsor (which can involve other family members in the UK), of the cost of these arrangements and of how that cost will be met by the sponsor.
  19. 12B. Where the financial requirement an applicant must meet under Part 8 (excluding an applicant who is a family member of a Relevant Points Based System Migrant) or under Appendix FM relates to adequate maintenance and where cash savings are relied upon to meet the requirement in full or in part, the decision-maker will:
    1. (a) Establish the total cash savings which meet the requirements of paragraphs 11 and 11A;
    2. (b) Divide this figure by the number of weeks of limited leave which would be issued if the application were granted, or by 52 if the application is for indefinite leave to enter or remain;
    3. (c) Add the figure in sub-paragraph 12B(b) to the weekly net income (before the deduction of housing costs) available to meet the requirement.

Calculating Gross Annual Income under Appendix FM

  1. 13. Based on evidence that meets the requirements of this Appendix, and can be taken into account with reference to the applicable provisions of Appendix FM, gross annual income under paragraphs E-ECP.3.1., E-LTRP.3.1., E-ECC.2.1. and E-LTRC.2.1. will be calculated in the following ways:
    1. (a) Where the person is in salaried employment in the UK at the date of application, has been employed by their current employer for at least 6 months and has been paid throughout the period of 6 months prior to the date of application at a level of gross annual salary which equals or exceeds the level relied upon in paragraph 13(a)(i), their gross annual income will be (where paragraph 13(b) does not apply) the total of:
      1. (i) The level of gross annual salary relied upon in the application;
      2. (ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
      3. (iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner.
    2. (b) Where the person is in salaried employment in the UK at the date of application and has been employed by their current employer for less than 6 months (or at least 6 months but the person does not rely on paragraph 13(a)), their gross annual income will be the total of:
      1. (i) The gross annual salary from employment as it was at the date of application;
      2. (ii) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
      3. (iii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner. In addition, the requirements of paragraph 15 must be met.
    3. (c) Where the person is the applicant’s partner, is in salaried employment outside of the UK at the date of application, has been employed by their current employer for at least 6 months, and is returning to the UK to take up salaried employment in the UK starting within 3 months of their return, the person’s gross annual income will be calculated:
      1. (i) On the basis set out in paragraph 13(a); and also
      2. (ii) On that basis but substituting for the gross annual salary at paragraph 13(a)(i) the gross annual salary in the salaried employment in the UK to which they are returning.
    4. (d) Where the person is the applicant’s partner, has been in salaried employment outside of the UK within 12 months of the date of application, and is returning to the UK to take up salaried employment in the UK starting within 3 months of their return, the person’s gross annual income will be calculated:
      1. (i) On the basis set out in paragraph 13(a) but substituting for the gross annual salary at paragraph 13(a)(i) the gross annual salary in the salaried employment in the UK to which they are returning; and also
      2. (ii) On the basis set out in paragraph 15(b).
    5. (e) Where the person is self-employed, their gross annual income will be the total of their gross income from their self-employment (and that of their partner if that person is in the UK with permission to work), from any salaried or non-salaried employment they have had or their partner has had (if their partner is in the UK with permission to work), from specified non-employment income received by them or their partner, and from income from a UK or foreign State pension or a private pension received by them or their partner, in the last full financial year or as an average of the last two full financial years. The requirements of this Appendix for specified evidence relating to these forms of income shall apply as if references to the date of application were references to the end of the relevant financial year(s). The relevant financial year(s) cannot be combined with any financial year(s) to which paragraph 9 applies and vice versa.
    6. (f) Where the person is self-employed, they cannot combine their gross annual income at paragraph 13(e) with specified savings in order to meet the level of income required under Appendix FM.
    7. (g) Where the person is not relying on income from salaried employment or self-employment, their gross annual income will be the total of:
      1. (i) The gross amount of any specified non-employment income (other than pension income) received by them or their partner in the 12 months prior to the date of application; and
      2. (ii) The gross annual income from a UK or foreign State pension or a private pension received by them or their partner.
    8. (h) Where the person is the applicant’s partner and is in self-employment outside the UK at the date of application and is returning to the UK to take up salaried employment in the UK starting within 3 months of their return, the person’s gross annual income will be calculated:
      1. (i) On the basis set out in paragraph 13(a) but substituting for the gross annual salary at paragraph 13(a)(i) the gross annual salary in the salaried employment in the UK to which they are returning; and also
      2. (ii) On the basis set out in paragraph 13(e).
    9. (i) Any period of unpaid maternity, paternity, adoption, parental or sick leave in the 12 months prior to the date of application will not be counted towards any period relating to employment, or any period relating to income from employment, for which this Appendix provides.
    10. (j) The provisions of paragraph 13 which apply to self-employment and to a person who is self-employed also apply to income from employment and/or shares in a limited company based in the UK of a type to which paragraph 9 applies and to a person in receipt of such income.
    11. (k) Where the application relies on the employment income of the applicant and the sponsor, all of that income must be calculated either under subparagraph 13(a) or under sub-paragraph 13(b) and paragraph 15, and not under a combination of these methods.
  2. 14. Where the requirements of this Appendix and Appendix FM are met by the combined income or cash savings of more than one person, the income or the cash savings must only be counted once unless stated otherwise.
  3. 15. In respect of paragraph 13(b) and paragraph 13(d), the provisions in this paragraph also apply:
    1. (a) In order to evidence the level of gross annual income required by Appendix FM, the person must meet the requirements in paragraph 13(b) or paragraph 13(d)(i); and
    2. (b) The person must also meet the level of gross annual income required by Appendix FM on the basis that their income is the total of:
      1. (i) The gross income from salaried employment in the UK or overseas earned by the person in the 12 months prior to the date of application;
      2. (ii) The gross amount of any specified non-employment income (other than pension income) received by the person or their partner in the 12 months prior to the date of application;
      3. (iii) The gross amount received from a UK or foreign State pension or a private pension by the person or their partner in the 12 months prior to the date of application; and
      4. (iv)The person cannot combine the gross annual income at paragraph 15(b)(i)-(iii) with specified savings in order to meet the level of income required.
  4. 16. Where a person is in receipt of maternity, paternity, adoption or sick pay or has been so in the 6 months prior to the date of application, this paragraph applies:
    1. (a) the relevant date for considering the length of employment with their current employer will be the date that the maternity, paternity, adoption or sick leave commenced or the date of application; and
    2. (b) the relevant period for calculating income from their salaried employment will be the period prior to the commencement of the maternity, paternity, adoption or sick pay or to the date of application.
  5. 17. If a person is an equity partner, for example in a law firm, the income they draw from the partnership (including where this is in the form of a profit share) will be treated as salaried employment for the purposes of this Appendix and Appendix FM.
  6. 17A. Where a person is a subcontractor under the Construction Industry Scheme administered by HMRC and does not rely on paragraph 13(e), the income they receive as a subcontractor under the Construction Industry Scheme may be treated as income from salaried employment for the purposes of this Appendix and Appendix FM. In that case, the requirements for specified evidence in paragraph 2 must be met, subject to applying those requirements so as to reflect the person’s status as a subcontractor under the Construction Industry Scheme.
  7. 18. When calculating income from salaried employment under paragraphs 12A and 13 to 16, this paragraph applies:
    1. (a) Basic pay, skills-based allowances, and UK location-based allowances will be counted as income provided that:
      1. (i) They are contractual; and
      2. (ii) Where these allowances make up more than 30% of the total salary, only the amount up to 30% is counted.
    2. (b) Overtime, commission-based pay and bonuses (which can include tips and gratuities paid via a tronc scheme registered with HMRC) will be counted as income, where they have been received in the relevant period(s) of employment or self-employment relied upon in the application.
    3. (bb) In respect of a person in salaried employment at the date of application, the amount of income in sub-paragraph (b) which may be added to their gross annual salary, and counted as part of that figure for the purposes of paragraph 13(a)(i) or 13(b)(i), is the annual equivalent of the person’s average gross monthly income from that income in their current employment in the 6 months prior to the date of application.
    4. (c) UK and overseas travel, subsistence and accommodation allowances, and allowances relating to the cost of living overseas will not be counted as income.
    5. (d) Gross income from non-salaried employment will be calculated on the same basis as income from salaried employment, except as provided in paragraph 18(e) and 18(f), and the requirements of this Appendix for specified evidence relating to salaried employment shall apply as if references to salary were references to income from non-salaried employment. Non-salaried employment includes that paid at an hourly or other rate (and the number and/or pattern of hours required to be worked may vary), or paid an amount which varies according to the work undertaken, whereas salaried employment includes that paid at a minimum fixed rate (usually annual) and is subject usually to a contractual minimum number of hours to be worked.
    6. (e) For the purpose of paragraph 13(a)(i), in respect of a person in non-salaried employment at the date of application “the level of gross annual salary relied upon in the application” shall be no greater than the annual equivalent of the person’s average gross monthly income from non-salaried employment in the 6 months prior to the date of application, where that employment was held throughout that period.
    7. (f) For the purpose of paragraph 13(b)(i), “the gross annual salary from employment as it was at the date of application” of a person in non-salaried employment at the date of application shall be considered to be the annual equivalent of:
      1. (aa) the person’s gross income from non-salaried employment in the period immediately prior to the date of application, where the employment has been held for a period of no more than one month at the date of application; or
      2. (bb) the person’s average gross monthly income from non-salaried employment, where the employment has been held for a period of more than one month at the date of application.
    8. (g) For the purpose of paragraphs 13(c)(ii) and 13(d)(i), “the gross annual salary in the salaried employment in the UK to which they are returning” of a person who is returning to the UK to take up non-salaried employment in the UK starting within 3 months of their return is the gross annual income from that employment, based on the rate or amount of pay, and the standard or core hours of work, set out in the document(s) from the employer provided under paragraph 4. Notwithstanding paragraph 18(b), this may include the gross “on-target” earnings which may be expected from satisfactory performance in the standard or core hours of work.
  8. 19. When calculating income from self-employment under paragraphs 12A and 13(e), and in relation to income from employment and/or shares in a limited company based in the UK of a type to which paragraph 9 applies, this paragraph applies:
    1. (a) There must be evidence of ongoing self-employment, and (where income from salaried employment is also relied upon or where paragraph 9(c) applies) ongoing employment, at the date of application.
    2. (b) Where the self-employed person is a sole trader or is in a partnership or franchise agreement, the income will be the gross taxable profits from their share of the business in the relevant financial year(s), not including any deductable allowances, expenses or liabilities which may be applied to the gross taxable profits to establish the final tax liability.
    3. (c) Where income to which paragraph 19 applies is being used to meet the financial requirement for an initial application for leave to remain as a partner under Appendix FM by an applicant who used such income to meet that requirement in an application for entry clearance as a fiancé(e) or proposed civil partner under that Appendix in the last 12 months, the Secretary of State may continue to accept the same level and evidence of income to which paragraph 19 applies that was accepted in granting the application for entry clearance, provided that there is evidence of ongoing self-employment, and (where income from salaried employment is also relied upon or where paragraph 9(c) applies) ongoing employment, at the date of the application for leave to remain.
    4. (d) The financial year(s) to which paragraph 7 refers is the period of the last full financial year(s) to which the required Statement(s) of Account (SA300 or SA302) relates.
    5. (e) The financial year(s) to which paragraph 9 refers is the period of the last full financial year(s) to which the required Company Tax Return(s) CT600 relates.
  9. 20. When calculating income from specified non-employment sources under paragraphs 12A and 13 to 15, this paragraph applies:
    1. (a) Assets or savings must be in the name of the person, or jointly with their partner.
    2. (b) Any asset or savings on which income is based must be held or owned by the person at the date of application.
    3. (c) Any rental income from property, in the UK or overseas, must be from a property that is:
      1. (i) owned by the person;
      2. (ii) not their main residence and will not be so if the application is granted, except in the circumstances specified in paragraph 20(e); and
      3. (iii) if ownership of the property is shared with a third party, only income received from their share of the property can be counted.
    4. (cc) The amount of rental income from property received before any management fee was deducted may be counted.
    5. (d) Equity in a property cannot be used to meet the financial requirement.
    6. (e) Where the applicant and their partner are resident outside the UK at the date of application, rental income from a property in the UK that will become their main residence if the application is granted may only be counted under paragraph 13(c)(i) and paragraph 13(d)(ii).
    7. (f) Any future entitlement to a maintenance grant or stipend of the type specified in paragraph 10(g) may be counted as though the person had received the annual amount of that grant or stipend in the 12 months prior to the date of application.
  10. 20A. When calculating the gross annual income from pension under paragraph 13, the gross annual amount of any pension received may be counted where the pension has become a source of income at least 28 days prior to the date of application.
  11. 21. When calculating income under paragraphs 13 to 16, the following sources will not be counted:
    1. (a) Loans and credit facilities.
    2. (b) Income-related benefits: Income Support, income-related Employment and Support Allowance, Pension Credit, Housing Benefit, Council Tax Benefit or Support (or any equivalent) and income-based Jobseeker’s Allowance.
    3. (c) The following contributory benefits: contribution-based Jobseeker’s Allowance, contribution-based Employment and Support Allowance and Incapacity Benefit.
    4. (cc) Unemployability Allowance, Allowance for a Lowered Standard of Occupation and Invalidity Allowance under the War Pension Scheme.
    5. (d) Child Benefit.
    6. (e) Working Tax Credit.
    7. (f) Child Tax Credit.
    8. (ff) Universal Credit.
    9. (g) Any other source of income not specified in this appendix.

Evidence of Marriage or Civil Partnerships

  1. 22. A claim to have been married in the United Kingdom must be evidenced by a marriage certificate.
  2. 23. A claim to be divorced in the United Kingdom must be evidenced by a decree absolute from a civil court.
  3. 24. A civil partnership in the United Kingdom must be evidenced by a civil partnership certificate.
  4. 25. The dissolution of a civil partnership in the UK must be evidenced by a final order of civil partnership dissolution from a civil court.
  5. 26. Marriages, civil partnerships or evidence of divorce or dissolution from outside the UK must be evidenced by a reasonable equivalent to the evidence detailed in paragraphs 22 to 25, valid under the law in force in the relevant country.

Evidence of the Applicant Living Overseas with a Crown Servant

26A. Where

(a) An applicant for entry clearance, limited leave to enter or remain or indefinite leave to remain as a partner under Appendix FM (except as a fiancé(e) or proposed civil partner) intends to enter or remain in the UK to begin their probationary period (or has done so) and then to live outside the UK for the time being with their sponsor (or is doing so or has done so) before the couple live together permanently in the UK; and

(b) The sponsor, who is a British Citizen or settled in the UK, is a permanent member of HM Diplomatic Service or a comparable UK-based staff member of the British Council, the Department for International Development or the Home Office on a tour of duty outside the UK, the applicant must provide a letter on official stationery from the sponsor’s head of mission confirming the information at (a) and (b) and confirming the start date and expected end date of the sponsor’s tour of duty outside the UK.

Evidence of English Language Requirements

  1. 27. The evidence required of passing an English language test in speaking and listening (at a minimum of level A1 of the Common European Framework of Reference for Languages) with a provider approved by the Secretary of State, where the applicant relies on that pass to meet an English language requirement, is confirmation on the on-line verification system operated by an approved English language test provider, as specified in Appendix O to these Rules, that:
    1. (i) the applicant has passed such a test; and
    2. (ii) that test was an English language test in speaking and listening which is approved by the Secretary of State, as specified in Appendix O, and was taken no more than two years before the date of application and at a test centre approved by the Secretary of State as a Secure English Language Test Centre.
  2. 28. The evidence required to show that a person is a citizen or national of a majority English speaking country is a valid passport or travel document, unless paragraphs 29 and 30 apply. A dual national may invoke either of their nationalities.
  3. 29. If the applicant has not provided their passport or travel document other evidence of nationality can be supplied in the following circumstances only (as indicated by the applicant on their application form):
    1. (a) where the passport or travel document has been lost or stolen;
    2. (b) where the passport or travel document has expired and been returned to the relevant authorities; or
    3. (c) where the passport or travel document is with another part of the Home Office.
  4. 30. Alternative evidence as proof of nationality, if acceptable, must be either:
    1. (a) A current national identity document; or
    2. (b) An original letter from the applicant’s national government, Embassy or High Commission confirming the applicant’s full name, date of birth and nationality.
  5. 31. Evidence of an academic qualification under paragraphs 284(ix)(c), (d) and (e), 290(vii)(c), (d) and (e) and 295D(xi)(c), (d) and (e) of Part 8, paragraph 68(c) of Appendix Armed Forces, and paragraphs E-ECP.4.1.(c), E-LTRP.4.1.(c), E-ECPT.4.1.(c) and E-LTRPT.5.1.(c) of Appendix FM must be:
    1. (a) a certificate issued by the relevant institution confirming the award of the academic qualification showing:
      1. (i) the applicant’s name;
      2. (ii) the title of award;
      3. (iii) the date of award; and
      4. (iv) the name of the awarding institution; or
    2. (b) if the applicant is awaiting graduation or no longer has the certificate and cannot obtain a new one, either:
      1. (i) an original academic reference from the institution awarding the academic qualification that:
        1. (1) is on official letter headed paper;
        2. (2) shows the applicant’s name;
        3. (3) shows the title of award;
        4. (4) explains when the academic qualification has been, or will be, awarded; and
        5. (5) confirms either the date that the certificate will be issued (if the applicant has not yet graduated) or that the institution is unable to re-issue the original certificate of award; or
      2. (ii) an original academic transcript that:
        1. (1) is on official letter headed paper;
        2. (2) shows the applicant’s name;
        3. (3) shows the name of the academic institution;
        4. (4) shows the course title; and
        5. (5) confirms either the date that the certificate will be issued (if the applicant has not yet graduated) or that the institution is unable to re-issue the original certificate of award; and
    3. (c) if the qualification was awarded by an educational establishment outside the UK, an original document from UK NARIC which confirms that the qualification meets or exceeds the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK and was taught or researched in English to level A1 of the Common Framework of Reference for Languages or above.
  6. 32. If the qualification was taken in one of the following countries, it will be assumed for the purpose of paragraph 31 that it was taught or researched in English: Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Ireland, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, the UK, the USA.
  7. 32A. For the avoidance of doubt paragraphs 27 to 32D of this Appendix apply to fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner and same sex partner applications for limited leave to enter or remain made under Part 8 of these Rules where English language requirements apply, regardless of the date of application. Paragraphs 27 to 32D of this Appendix also apply to spouse, civil partner, unmarried partner and same sex partner applications which do not meet the requirements of Part 8 of these Rules for indefinite leave to remain (where the application is for indefinite leave to remain) and are being considered for a grant of limited leave to remain where paragraph A277A(b) of these Rules applies. Any references in paragraphs 27 to 32D of this Appendix to “limited leave to enter or remain” shall therefore be read as referring to all applicants referred to in this paragraph.
  8. 32B. Where the decision-maker has:
    1. (a) reasonable cause to doubt that an English language test in speaking and listening at a minimum of level A1 of the Common Framework of Reference for Languages relied on at any time to meet a requirement for limited leave to enter or remain in Part 8 or Appendix FM was genuinely obtained; or
    2. (b) information that the test certificate or result awarded to the applicant has been withdrawn by the test provider for any reason,
    3. the decision-maker may discount the test certificate or result and require the applicant to provide a new test certificate or result from an approved provider which shows that they meet the requirement, if they are not exempt from it.
  9. 32C. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result which has ceased by the date of application to be:
    1. (a) from an approved test provider, or
    2. (b) in respect of an approved test, or
    3. (c) from an approved test centre, the decision-maker will not accept that certificate or result as valid, unless the decision-maker does so in accordance with paragraph 32D of this Appendix and subject to any transitional arrangements made in respect of the test provider, test or test centre in question.
  10. 32D. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement), the decision-maker will accept that certificate or result as valid if it is:
    1. (a) from a provider which is no longer approved, or
    2. (b) from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or
    3. (c) from a test centre which is no longer approved, or
    4. (d) past its validity date (if a validity date is required under Appendix O), provided that it is at or above the requisite level of the Common European Framework of Reference for Languages and when the subsequent application is made:
      1. (i) the applicant has had continuous leave (disregarding any current period of overstaying where paragraph 39E of these Rules applies, as well as any previous period of overstaying where: the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied) as a partner or parent since the Home Office accepted the test certificate as valid; and
      2. (ii) the award to the applicant does not fall within the circumstances set out in paragraph 32B of this Appendix.

Adult dependent relatives

  1. 33. Evidence of the family relationship between the applicant(s) and the sponsor should take the form of birth or adoption certificates, or other documentary evidence.
  2. 34. Evidence that, as a result of age, illness or disability, the applicant requires long-term personal care should take the form of:
    1. (a) Independent medical evidence that the applicant’s physical or mental condition means that they cannot perform everyday tasks; and
    2. (b) This must be from a doctor or other health professional.
  3. 35. Independent evidence that the applicant is unable, even with the practical and financial help of the sponsor in the UK, to obtain the required level of care in the country where they are living should be from:
    1. (a) a central or local health authority;
    2. (b) a local authority; or
    3. (c) a doctor or other health professional.
  4. 36. If the applicant’s required care has previously been provided through a private arrangement, the applicant must provide details of that arrangement and why it is no longer available.
  5. 37. If the applicant’s required level of care is not, or is no longer, affordable because payment previously made for arranging this care is no longer being made, the applicant must provide records of that payment and an explanation of why that payment cannot continue. If financial support has been provided by the sponsor or other close family in the UK, the applicant must provide an explanation of why this cannot continue or is no longer sufficient to enable the required level of care to be provided.