What is the difference between 5-year route and 10-year route as a Spouse or Parent of a UK citizen?

5 years and 10 years refer to the number of years a migrant needs to spend in the UK, in the given category, to qualify for permanent residency. So, in the 5-year route one needs 5 years and in the 10-year route twice more, ie 10 years. It means if you get a visa in this route, you'd need 5 or 10 years respectively from the date of the first visa. It does not relate to the number of years preceding to the first application in this route.

When does each of them apply?

5-year route is for a migrant who is applying as a Spouse/Partner, or as a Parent, of a UK citizen under the Appendix FM and who is able to meet all the requirements. This is also known as application “within the Rules”. It means one can meet all the requirements, be it applying at the right place (ie switching from another category when it is allowed), meeting the Financial or English language requirements or otherwise.  

10-year route applies to the applications under FLR(FP) category, as a Spouse/Partner or a Parent, and are claiming (or asking) to be considered under the Exception paragraph EX.1. These applications are discretionary because the applicant usually can’t meet one or more of the requirements, such as the Financial Requirement. The benefit is that this route allows to avoid meeting some of the Rules (subject to conditions and the exceptional or compassionate circumstances). The downside is requiring the applicant to spend twice more time in the UK to qualify for permanent residency.

 5-year route means 2 applications, 2 sets of fees, 2 visas, each for 2.5 years.

10-year route means 4 applications, 4 sets of fees (unless the applicant can prove he/she is destitute), 4 visas, each for 2.5 years.

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training
 

 

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