Immigration Controls

(asked on 18th May 2022) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, what assessment she has made of the potential merits of allowing those on the 10-year route to settlement to switch to the five-year route.


Answered by
Kevin Foster Portrait
Kevin Foster
This question was answered on 24th May 2022

Those who meet all eligibility and specified evidential requirements of the Family Immigration Rules, will be granted on a five-year route to settlement (granted in two periods of 30 months, with a third application for indefinite leave to remain). Those who cannot or do not meet these requirements, or seek to rely on their private life, will instead have a longer route to settlement: 10 years (granted in four periods of 30 months, with a fifth application for indefinite leave to remain). This reflects our obligations under Article 8 of the ECHR.

A person who is on a 5-year route must meet all of the suitability, eligibility and evidential requirements at every application stage, to stay on this route. If they do not, they may be granted on a different basis, including on a longer 10-year route. Where this is the case, they may shorten the time in the UK before they are eligible to apply for indefinite leave to remain, by starting the 5-year route again when the requirements of those Rules are met.

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