Unmarried and same-sex partners
Leave to enter as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement
295AA. Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter or variation of leave as an unmarried or same-sex partner if either the applicant or the sponsor will be aged under 18 on the date of arrival of the applicant in the United Kingdom or (as the case may be) on the date on which the leave to enter or variation of leave would be granted.
Requirements for leave to enter the United Kingdom with a view to settlement as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement
295A. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement, are that:
(i) (a)(i) the applicant is the unmarried or same-sex partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement and the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more; and
__ __(ii) the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant's name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless:
(a) the applicant is aged 65 or over at the time he makes his application; or
(b) the applicant has a physical or mental condition that would prevent him from meeting the requirement; or
(c) there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement; or
__ __(iii) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or
__ __(iv) the applicant has obtained an academic qualification (not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA; and provides the specified documents; or
__ __(v) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, and
(1) provides the specified evidence to show he has the qualification, and
(2) UK NARIC has confirmed that the qualification was taught or researched in English, or
__ __(vi) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, and provides the specified evidence to show:
(1) he has the qualification, and
(2) that the qualification was taught or researched in English.
or
__(b)(i) the applicant is the unmarried or same-sex partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties have been living together outside the United Kingdom in a relationship akin to marriage or civil partnership which has subsisted for 4 years or more; and
__(b)(ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and
__(b)(iii) DELETED
(ii) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and
(iii) the parties are not involved in a consanguineous relationship with one another; and
(iv) DELETED
(v) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(vi) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(vii) the parties intend to live together permanently; and
(viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity; and
(ix) the applicant does not fall for refusal under the general grounds for refusal.
For the purposes of this paragraph and paragraphs 295B - 295I, a member of HM Forces serving overseas, or a permanent member of HM Diplomatic Service or a comparable UK-based staff member of the British Council on a tour of duty abroad, or a staff member of the Department for International Development who is a British Citizen or is settled in the United Kingdom, is to be regarded as present and settled in the United Kingdom.
Leave to enter the United Kingdom with a view to settlement as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement
295B. A person seeking leave to enter the United Kingdom as the unmarried or same-sex partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement may:
(a) in the case of a person who meets the requirements of paragraph 295A(i)(a)(i), and one of the requirements of paragraph 295A(i)(a)(ii)-(vi) be admitted for an initial period not exceeding 27 months, or
(b) in the case of a person who meets all of the requirements in paragraph 295A(i)(b), be granted indefinite leave to enter, or
(c) in the case of a person who meets the requirement in paragraph 295A(i)(b)(i), but not the requirement in paragraph 295A(i)(b)(ii) to have sufficient knowledge of the English language and about life in the United Kingdom, be admitted for an initial period not exceeding 27 months, in all cases provided the Immigration Officer is satisfied that each of the relevant requirements of paragraph 295A is met.
Refusal of leave to enter the United Kingdom with a view to settlement as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement
295C. Leave to enter the United Kingdom with a view to settlement as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement, is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 295A is met.
Leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom
Requirements for leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom
295D. The requirements to be met by a person seeking leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom are that:
(i) the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules, other than where as a result of that leave he would not have been in the United Kingdom beyond 6 months from the date on which he was admitted to the United Kingdom on this occasion in accordance with these rules or, where the leave was granted as the unmarried or same-sex partner of a Relevant Points Based System Migrant, that migrant was not a Tier 5 (Temporary Worker) Migrant other than a private servant in a diplomatic household who applied to enter the UK before 6 April 2012 or a Tier 4 (General) Student migrant; and
(ii) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and
(iii) the applicant is the unmarried or same-sex partner of a person who is present and settled in the United Kingdom; and
(iv) the applicant has not remained in breach of the immigration laws, disregarding any period of overstaying for a period of 28 days or less; and
(v) the parties are not involved in a consanguineous relationship with one another; and
(vi) the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more; and
(vii) the parties' relationship pre-dates any decision to deport the applicant, recommend him for deportation, give him notice under Section 6(2) of the Immigration Act 1971, or give directions for his removal under section 10 of the Immigration and Asylum Act 1999; and
(viii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(ix) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(x) the parties intend to live together permanently; and
(xi)(a) the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant's name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless:
(i) the applicant is aged 65 or over at the time he makes his application; or
(ii) the applicant has a physical or mental condition that would prevent him from meeting the requirement; or;
(iii) there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement; or
(xi)(b) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or
(xi)(c) the applicant has obtained an academic qualification (not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA; and provides the specified documents; or
(xi)(d) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, and
(1) provides the specified evidence to show he has the qualification, and
(2) UK NARIC has confirmed that the qualification was taught or researched in English, or
(xi)(e) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, and provides the specified evidence to show:
(1) he has the qualification, and
(2) that the qualification was taught or researched in English.
Leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom
295E. Leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom may be granted for a period of 2 years in the first instance provided that the Secretary of State is satisfied that each of the requirements of paragraph 295D are met.
Refusal of leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom
295F. Leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 295D is met.
Indefinite leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom
Requirements for indefinite leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom
295G. The requirements to be met by a person seeking indefinite leave to remain as the unmarried partner of a person present and settled in the United Kingdom are that:
(i)(a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 295AA to 295F of these Rules and has completed a period of 2 years as the unmarried or same-sex partner of a person present and settled here; or
(b) the applicant was admitted to the UK or given an extension of stay as the unmarried or same-sex partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 295AA to 295F of these Rules; and the person has completed a period of 2 years as the unmarried or same-sex partner of the person who is now present and settled here; or
(c) the applicant was admitted to the United Kingdom in accordance with leave granted under paragraph 295B(c) of these rules; or
(d) the applicant was admitted into the UK in accordance with paragraph 319O and has completed a period of 2 years limited leave as the unmarried or same-sex partner of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the unmarried or same-sex partner of a former refugee or beneficiary of humanitarian protection who is now a British Citizen.
(ii) the applicant is still the unmarried or same-sex partner of the person he was admitted or granted an extension of stay to join and the relationship is still subsisting; and
(iii) each of the parties intends to live permanently with the other as his partner; and
(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(vi) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and
(vii) the applicant does not fall for refusal under the general grounds for refusal.
Indefinite leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom
295H. Indefinite leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 295G is met.
Refusal of indefinite leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom
295I. Indefinite leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 295G is met.
Leave to enter or remain as the unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270
Requirements for leave to enter or remain as the unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270
295J. The requirements to be met by a person seeking leave to enter or remain as the unmarried partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270; are that:
(i) the applicant is the unmarried or same-sex partner of a person who has limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270; and
(ii) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and
(iii) the parties are not involved in a consanguineous relationship with one another; and
(iv) the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for 2 years or more; and
(v) each of the parties intends to live with the other as his partner during the applicant's stay; and
(vi) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(vii) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(viii) the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his partner; and
(ix) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter or remain as the unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270
295K. Leave to enter as the unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270; may be granted provided that a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival. Leave to remain as the unmarried partner or same-sex of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270; may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 295J is met. If the applicant is seeking leave to enter or remain as the unmarried or same-sex partner of a Highly Skilled Migrant, any leave which is granted will be subject to a condition prohibiting Employment as a Doctor or Dentist in Training, unless the applicant:
(1) has obtained a primary degree in medicine or dentistry at bachelor's level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System, and provides evidence of this degree; or
(2) 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 any condition restricting him from taking employment as a Doctor in Training, has been employed during that leave as a Doctor in Training, and provides a letter from the Postgraduate Deanery or NHS Trust employing them which confirms that they have been working in a post or programme that has been approved by the General Medical Council as a training programme or post; or
(3) 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 any condition restricting him from taking employment as a Dentist in Training, has been employed during that leave as a Dentist in Training, and provides a letter from the Postgraduate Deanery or NHS Trust employing them which confirms that they have been working in a post or programme that has been approved by the Joint Committee for Postgraduate Training in Dentistry as a training programme or post.
Refusal of leave to enter or remain as the unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270
295L. Leave to enter as the unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270; is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival. Leave to remain as the unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270; is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 295J is met.
Indefinite leave to remain for the bereaved unmarried or same-sex partner of a person present and settled in the United Kingdom
Requirements for indefinite leave to remain for the bereaved unmarried or same-sex partner of a person present and settled in the United Kingdom
295M. The requirements to be met by a person seeking indefinite leave to remain as the bereaved unmarried or same-sex partner of a person present and settled in the United Kingdom, are that:
(i) the applicant was admitted to the United Kingdom admitted to the United Kingdom for a period not exceeding 27 months; or given an extension of stay for a period of 2 years in accordance with paragraphs 295AA to 295F of these Rules as the unmarried partner of a person present and settled in the United Kingdom; and
(ii) the person whom the applicant was admitted or granted an extension of stay to join died during that period of leave; and
(iii) the applicant was still the unmarried or same-sex partner of the person he was admitted or granted an extension of stay to join at the time of the death; and
(iv) each of the parties intended to live permanently with the other as his partner and the relationship was subsisting at the time of the death; and
(v) the applicant does not fall for refusal under the general grounds for refusal.
Indefinite leave to remain for the bereaved unmarried or same-sex partner of a person present and settled in the United Kingdom
295N. Indefinite leave to remain for the bereaved unmarried partner of a person present and settled in the United Kingdom, may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 295M is met.
Refusal of indefinite leave to remain for the bereaved unmarried or same-sex partner of a person present and settled in the United Kingdom
295O. Indefinite leave to remain for the bereaved unmarried or same-sex partner of a person present and settled in the United Kingdom, is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 295M is met.