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