English language exemptions for 65 and over
Under Appendix FM, (family applications) the English language requirement applies to: Entry clearance as a partner or leave to remain as a partner, Entry clearance or leave to remain as a parent of a child in the UK, Entry clearance or leave to remain as parent.
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- they are aged 65 or over at the date of application
- they have a disability (physical or mental condition) which prevents them from meeting the requirement
- there are exceptional circumstances which prevent them from meeting the requirement.
If the applicant is not able to demonstrate that they meet the requirement or qualify for an exemption from it, their application as a partner or parent will be refused under the 5-year route to settlement under the Immigration Rules.
Fee waiver exemption for victims of domestic abuse
A person who is destitute will be exempt from paying the application fee for indefinite leave to remain (ILR) as a victim of domestic violence.
A person is considered destitute if they either:
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- do not have adequate accommodation or any means of obtaining it (whether or not their other essential living needs are met)
- have adequate accommodation or the means of obtaining it, but cannot meet their other essential living needs
- While this definition is the same in both asylum support and the domestic violence fee waiver policy, each is assessed separately (and subject to different guidance) and provision of one does not automatically lead to the other.
