Suitability criteria under Appendix FM

A non-EU migrant who intends to apply for a visa or an entry clearance (EC) as a partner of a British Citizen or of someone, present and settled in the UK, must also meet the suitability requirement under Section S-EC of Appendix FM.

An entry clearance application under Appendix FM will be refused on grounds of suitability if:

  • The migrant is currently the subject of a deportation order.
  • The exclusion of the applicant from the UK is conducive to the public good because he/she has been convicted of an offence for which the applicant has been sentenced to a period of imprisonment of at least 4 years; or for an imprisonment period of at least 12 months but less than 4 years, unless 10 years have passed since the end of the sentence; or the migrant has been convicted of an offence for less than 12 months, unless 5 years have passed since the sentence.
  • The exclusion of the applicant from the UK is conducive to the public good because the migrant’s conduct, character, associations etc, make it undesirable to grant him/her entry to the UK.

 

In addition, the application will be refused if, for example, the migrant failed to attend an interview, provide information and physical date or undergo a medical examination or provide a medical report.

Please note that if the migrant or their legal representative were to provide any false information, representations or documents (including the supporting documents from any person) or failed to disclose material facts in relation to the application, their application is going to be refused on grounds of deception.

For more detailed information in relation to the suitability requirements under Appendix FM, please do not hesitate to contact us.

Contact Our Immigration Team

For expert advice regarding any aspect of the spouse visa application, please contact our immigration team on 0203 384 3075.

 

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.


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