Family members of relevant points-based system migrants
Partners of relevant points-based system migrants
319AA In paragraphs 319A to 319K and Appendix E' Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 Migrant or a Tier 5 (Temporary Worker) Migrant.
319A. Purpose
This route is for the spouse, civil partner, unmarried or same-sex partner of a Relevant Points Based System Migrant (Partner of a Relevant Points Based System Migrant). Paragraphs 277 to 280 of these Rules apply to spouses or civil partners of Relevant Points Based System Migrant; paragraph 277 of these Rules applies to civil partners of Relevant Points Based System Migrant; and paragraph 295AA of these Rules applies to unmarried and same-sex partners of Relevant Points Based System Migrant
319B. Entry to the UK
(a) Subject to paragraph (b), all migrants wishing to enter as the Partner of a relevant Points Based System Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
(b) A Migrant arriving in the UK and wishing to enter as a partner of a Tier 5 (Temporary Worker) Migrant, who does not have a valid entry clearance will not be refused entry if the following conditions are met:
(i) the migrant wishing to enter as partner is not a visa national,
(ii) the migrant wishing to enter as a Partner is accompanying an applicant who at the same time is being granted leave to enter under paragraph 245ZN(b), and
(iii) the migrant wishing to enter as a Partner meets the requirements of entry clearance in paragraph 319C.
319C. Requirements for entry clearance or leave to remain
To qualify for entry clearance or leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has valid leave to enter or remain as a Relevant Points Based System Migrant, or
(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant.
(c) An applicant who is the unmarried or same-sex partner of a Relevant Points Based System Migrant must also meet the following requirements:
(i) any previous marriage or civil partnership or similar relationship by the applicant or the Relevant Points Based System Migrant with another person must have permanently broken down,
(ii) the applicant and the Relevant Points Based System Migrant must not be so closely related that they would be prohibited from marrying each other in the UK, and
(iii) the applicant and the Relevant Points Based System Migrant must have been living together in a relationship similar to marriage or civil partnership for a period of at least 2 years.
(d) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.
(e) The applicant and the Relevant Points Based System Migrant must intend to live with the other as their spouse or civil partner, unmarried or same-sex partner throughout the applicants stay in the UK.
(f) The applicant must not intend to stay in the UK beyond any period of leave granted to the Relevant Points Based System Migrant .
(g) Unless the Relevant Points Based System Migrant is a Tier 1 (Investor) Migrant, there must be a sufficient level of funds available to the applicant, as set out in Appendix E.
(h) An applicant who is applying for leave to remain, must have, or have last been granted, leave:
(i) as the Partner of a Relevant Points Based System Migrant,
(ii) as the spouse or civil partner, unmarried or same-sex partner of a person with leave under another category of these Rules who has since been granted, or is, at the same time, being granted leave to remain as a Relevant Points Based System Migrant, or
(iii) in any other category of these Rules, provided the Relevant Points Based System Migrant has, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory on the basis of having met the requirement at paragraph 245ZQ(b)(ii).
319D. Period and conditions of grant
(a) Entry clearance and leave to remain will be granted for a period which expires on the same day as the leave granted to the Relevant Points Based System Migrant.
(b) Entry clearance and leave to remain under this route will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required under paragraph 326 of these Rules,
(iii) no Employment as a Doctor in Training, unless the applicant is applying for leave to remain and has, or has last been granted, entry clearance, leave to enter or leave to remain that was not subject to a condition restricting their employment, whether that is employment as a Doctor in Training or otherwise, and has been employed during that leave on an NHS Foundation Programme or as a Doctor in Training.
(1) has, or has last been granted, entry clearance, leave to enter or remain as the spouse, civil partner, unmarried, or same-sex partner of a migrant granted leave under Parts 3, 5 or 6 of these Rules, or
(2) has, or has last been granted, leave to remain as the Partner of a Relevant Points Based System Migrant and that grant was not subject to a condition prohibiting Employment as a Doctor in Training, and
(iv) if the Relevant Points Based System Migrant is a Tier 4 Migrant who was granted leave for less than 12 months, no employment.
319E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused unless the applicant qualifies for leave to remain by virtue of paragraphs 33E to 33F of these Rules.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant .
(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.
(e) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.
(f) The applicant and the Relevant Points Based System Migrant must intend to live permanently with the other as their spouse or civil partner, unmarried or same-sex partner.
(g) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is aged 65 or over at the time this application is made.
Children of relevant points-based system migrants
319F. Purpose
This route is for the children of Relevant Points Based System Migrant who are under the age of 18 when they apply to enter under this route. Paragraph 296 of these Rules applies to children of Tier 1 Migrants.
319G. Entry to the UK
(a) Subject to paragraph (b), all migrants wishing to enter as the Child of a relevant Points Based System Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
(b) A Migrant arriving in the UK and wishing to enter as a child of a Tier 5 (Temporary Worker) Migrant, who does not have a valid entry clearance will not be refused entry if the following conditions are met:
(i) the migrant wishing to enter as child is not a visa national,
(ii) the migrant wishing to enter as a child is accompanying an applicant who at the same time is being granted leave to enter under paragraph 245ZN(b), and
(iii) the migrant wishing to enter as a Child meets the requirements of entry clearance in paragraph 319H.
319H. Requirements for entry clearance or leave to remain
To qualify for entry clearance or leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.
(b) The applicant must be the child of a parent who:
(i) has valid leave to enter or remain as a Relevant Points Based System Migrant, or
(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant.
(c) The applicant must be under the age of 18 on the date the application is made, or if over 18 and applying for leave to remain, must have, or have last been granted, leave as the child of a Relevant Points Based System Migrant or as the child of the parent who had leave under another category of these Rules and who has since been granted, or, is at the same time being granted, leave to remain as a Relevant Points Based System Migrant.
(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life.
(e) The applicant must not intend to stay in the UK beyond any period of leave granted to the Relevant Points Based System Migrant parent.
(f) Both of the applicant's parents must either be lawfully present in the UK, or being granted entry clearance or leave to remain at the same time as the applicant, unless:
(i) The Relevant Points Based System Migrantis the applicant's sole surviving parent, or
(ii) The Relevant Points Based System Migrant parent has and has had sole responsibility for the applicant's upbringing, or
(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant's care.
(g) Unless the Relevant Points Based System Migrant is a Relevant Points Based System (Investor) Migrant, there must be a sufficient level of funds available to the applicant, as set out in Appendix E.
(h) An applicant who is applying for leave to remain must have, or have last been granted leave:
(i) as the child of a Relevant Points Based System Migrant,
(ii) as the child of a parent who had leave under another category of these Rules and who has since been granted, or is, at the same time, being granted leave to remain as a Relevant Points Based System Migrant, or
(iii) in any other category of these Rules, provided the Relevant Points Based System Migrant has, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory
on the basis of having met the requirement at paragraph 245ZQ(b)(ii).
319I. Period and conditions of grant
(a) Entry clearance and leave to remain will be granted for a period which expires on the same day as the leave granted to the Relevant Points Based System Migrant parent.
(b) Entry clearance and leave to remain under this route will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required under paragraph 326 of these Rules, and
(iii) if the Relevant Points Based System Migrant is a Tier 4 Migrant who was granted leave for less than 12 months, no employment.
319J. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused, unless the applicant qualifies for leave to remain by virtue of paragraphs 33E to 33F of these Rules.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the child of a parent who is, at the same time, being granted indefinite leave to remain as a Points Based System Migrant .
(c) The applicant must have, or have last been granted, leave as the child of the Points Based System Migrant who is being granted indefinite leave to remain.
(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life.
(e) Both of an applicant's parents must either be lawfully present in the UK, or being granted entry clearance, limited leave to remain, or indefinite leave to remain at the same time as the applicant, unless:
(i) The Points Based System Migrant is the applicant's sole surviving parent, or
(ii) The Points Based System Migrant parent has and has had sole responsibility for the applicant's upbringing, or
(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant's care.
(f) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is under the age of 18 at the time this application is made.
319K. Documentary evidence
(a) Where Appendix E of these Rules states that specified documents must be provided, that means documents specified by the Secretary of State in the Tier 1 (General) Points Based System (Dependants) Policy Guidance. If the specified documents are not provided, the applicant will not meet the requirement for which the specified documents are required as evidence.
(b) If the Entry Clearance Officer or Secretary of State has reasonable cause to doubt the genuineness of any document submitted by an applicant which is, or which purports to be a specified document under Appendix E of these Rules and, having taken reasonable steps to verify the document, is unable to verify that it is genuine, the document will be discounted for the purposes of this application.
Please note in the printed version of CM5829 these points appear in error numbered as an alternative version of 316D (iii) and (iv).