IMMIGRATION RULES
Spouses or civil partners of
persons present and settled in the United Kingdom or being admitted on the same
occasion for settlement
Requirements
for leave to enter the United Kingdom with a view to settlement as the spouse
or civil partner of a person present and settled in the United Kingdom or being
admitted on the same occasion for settlement
281.
The requirements to be met by a person seeking leave to enter the United
Kingdom with a view to settlement as the spouse or civil partner of a person
present and settled in the United Kingdom or who is on the same occasion being
admitted for settlement are that:
(i) (a)(i) the applicant is married to or
the civil partner of a person present and settled in the United Kingdom or who
is on the same occasion being admitted for settlement; 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 married to or the
civil 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 were married or formed a civil partnership at least 4 years
ago, since which time they have been living together outside the United
Kingdom; 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) the parties to the marriage or civil
partnership have met; and
(iii) each of the parties intends to live
permanently with the other as his or her spouse or civil partner and the
marriage or civil partnership is subsisting; 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 holds a valid United
Kingdom entry clearance for entry in this capacity; and
(vii) the applicant does not fall for
refusal under the general grounds for refusal.
For
the purposes of this paragraph and paragraphs 282-289 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 as the spouse or civil partner of a person
present and settled in the United Kingdom or being admitted for settlement on
the same occasion
282.
A person seeking leave to enter the United Kingdom as the spouse or civil
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 281(i)(a)(i) and one of the requirements of paragraph
281(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 281(i)(b), be granted indefinite leave to
enter, or
(c) in the case of a person who meets the
requirement in paragraph 281(i)(b)(i), but not the requirement in paragraph
281(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 281 is met.
Refusal of leave to enter as the spouse or civil partner of a
person present and settled in the United Kingdom or being admitted on the same
occasion for settlement
283.
Leave to enter the United Kingdom as the spouse or civil partner of a person
present and settled in the United Kingdom or who is on the same occasion being
admitted for settlement is to be refused if the Immigration Officer is not
satisfied that each of the requirements of paragraph 281 is met.
Family life as a partner
General
Section GEN: General
Purpose
GEN.1.1. This route is for those seeking to enter or remain in
the UK on the basis of their family life with a person who is a British
Citizen, is settled in the UK, or is in the UK with limited leave as a refugee
or person granted humanitarian protection (and the applicant cannot seek leave
to enter or remain in the UK as their family member under Part 11 of these
rules). It sets out the requirements to be met and, in considering applications
under this route, it reflects how, under Article 8 of the Human Rights
Convention, the balance will be struck between the right to respect for private
and family life and the legitimate aims of protecting national security, public
safety and the economic well-being of the UK; the prevention of disorder and
crime; the protection of health or morals; and the protection of the rights and
freedoms of others. It also takes into account the need to safeguard and
promote the welfare of children in the UK.
Definitions
GEN.1.2. For the purposes of this Appendix "partner"
means-
(i) the applicant's spouse;
(ii) the applicant's civil partner;
(iii) the applicant's fiancé(e) or proposed civil partner; or
(iv) a person who has been living together with the applicant in a relationship
akin to a marriage or civil partnership for at least two years prior to the
date of application,
unless
the context otherwise requires.
GEN.1.3.
For the purposes of this Appendix
(a)
"application for leave to remain" also includes an application for
variation of leave to enter or remain by a person in the UK;
(b) references to a person being present and settled in the UK also include a
person who is being admitted for settlement on the same occasion as the
applicant; and
(c) references to a British Citizen in the UK also include a British Citizen
who is coming to the UK with the applicant as their partner or parent.
GEN.1.4.
In this Appendix "specified" means specified in Appendix FM-SE,
unless otherwise stated.
GEN.1.5.
If the Entry Clearance Officer, or Secretary of State, has reasonable cause to
doubt the genuineness of any document submitted in support of an application,
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 the
application.
GEN.1.6.
For the purposes of paragraph E-ECP.4.1.(a); E-LTRP.4.1.(a); EECPT. 4.1(a) and
E-LTRPT.5.1.(a) the applicant must be a national of 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; or the United States of America.
GEN.1.7.
In this Appendix references to paragraphs are to paragraphs of this Appendix
unless the context otherwise requires.
GEN.1.8.
Paragraphs 277-280, 289AA, 295AA and 296 of Part 8 of these Rules shall apply
to this Appendix.
GEN.1.9.
In this Appendix (a) the requirement to make a valid application will not apply
when the Article 8 claim is raised:
(i) as part of an asylum claim, or as part of a further submission in person
after an asylum claim has been refused;
(ii) where a migrant is in immigration detention;
(iii) where removal directions have been set pending an imminent removal;
(iv) in an appeal; or
(v) in response to a (one stop) notice issued under section 120 of the
Nationality, Immigration and Asylum Act 2002
and (b) where the Article 8 claim is raised in any of the circumstances
specified in paragraph GEN.1.9.(a), or is considered by the Secretary of State
under paragraph A277C of these rules, the requirements of paragraphs
R-LTRP.1.1.(c) and R-LTRPT.1.1.(c) are not met.
Leave to enter
GEN.2.1. The requirements to be met by a person seeking leave to
enter the UK under this route are that the person-
(a) must have a valid entry clearance for
entry under this route; and
(b) must produce to the Immigration Officer on arrival a valid national
passport or other document satisfactorily establishing their identity and
nationality.
GEN.2.2.
If a person does not meet the requirements of paragraph GEN.2.1. entry will be
refused.
Appendix FM family members
Family life with a Partner
Section EC-P: Entry clearance as a partner
EC-P.1.1. The requirements to be met for entry clearance as a partner
are that-
(a) the applicant must be outside the UK;
(b) the applicant must have made a valid application for entry clearance as a
partner;
(c) the applicant must not fall for refusal under any of the grounds in Section
S-EC: Suitability–entry clearance; and
(d) the applicant must meet all of the requirements of Section E-ECP:
Eligibility for entry clearance as a partner.
Section S-EC: Suitability-entry clearance
S-EC.1.1. The applicant will be refused entry clearance on grounds of
suitability if any of paragraphs S-EC.1.2. to 1.7. apply.
S-EC.1.2. The Secretary of State has personally directed that the
exclusion of the applicant from the UK is conducive to the public good.
S-EC.1.3. The applicant is at the date of application the subject of a
deportation order.
S-EC.1.4. The exclusion of the applicant from the UK is conducive to the
public good because they have:
(a) been convicted of an offence for which they have been sentenced to a
period of imprisonment of at least 4 years; or
(b) been convicted of an offence for which they have been sentenced to a period
of imprisonment of at least 12 months but less than 4 years, unless a period of
10 years has passed since the end of the sentence; or
(c) been convicted of an offence for which they have been sentenced to a
period of imprisonment of less than 12 months, unless a period of 5 years has
passed since the end of the sentence.
Where this paragraph applies, unless refusal would be contrary to the
Human Rights Convention or the Convention and Protocol Relating to the Status
of Refugees, it will only be in exceptional circumstances that the public
interest in maintaining refusal will be outweighed by compelling factors.
S-EC.1.5. The exclusion of the applicant from the UK is conducive to the
public good because, for example, the applicant's conduct (including
convictions which do not fall within paragraph S-EC.1.4.), character,
associations, or other reasons, make it undesirable to grant them entry
clearance.
S-EC.1.6. The applicant has failed without reasonable excuse to comply
with a requirement to-
(a) attend an interview;
(b) provide information;
(c) provide physical data; or
(d) undergo a medical examination or provide a medical report.
S-EC.1.7. It is undesirable to grant entry clearance to the applicant
for medical reasons.
S-EC.2.1. The applicant will normally be refused on grounds of
suitability if any of paragraphs S-EC.2.2. to 2.5. apply.
S-EC.2.2. Whether or not to the applicant's knowledge-
(a) false information, representations or documents have been submitted
in relation to the application (including false information submitted to any
person to obtain a document used in support of the application); or
(b) there has been a failure to disclose material facts in relation to the
application.
S-EC.2.3. One or more relevant NHS body has notified the Secretary of
State that the applicant has failed to pay charges in accordance with the
relevant NHS regulations on charges to overseas visitors and the outstanding
charges have a total value of at least £1000.
S-EC.2.4. A maintenance and accommodation undertaking has been requested
or required under paragraph 35 of these Rules or otherwise and has not been
provided.
S-EC.2.5. The exclusion of the applicant from the UK is conducive to the
public good because:
(a) within the 12 months preceding the date of the application, the
person has been convicted of or admitted an offence for which they received a
non-custodial sentence or other out of court disposal that is recorded on their
criminal record; or
(b) in the view of the Secretary of State:
(i) the person's offending has caused serious harm; or
(ii) the person is a persistent offender who shows a particular
disregard for the law.
Section E-ECP: Eligibility for entry clearance as a
partner
E-ECP.1.1. To meet the eligibility requirements for entry clearance as a
partner all of the requirements in paragraphs E-ECP.2.1. to 4.2. must be met.
Relationship requirements
E-ECP.2.1. The applicant's partner must be-
(a) a British Citizen in the UK, subject to paragraph GEN.1.3.(c); or
(b) present and settled in the UK, subject to paragraph GEN.1.3.(b); or
(c) in the UK with refugee leave or with humanitarian protection.
E-ECP.2.2. The applicant must be aged 18 or over at the date of
application.
E-ECP.2.3. The partner must be aged 18 or over at the date of
application.
E-ECP.2.4. The applicant and their partner must not be within the
prohibited degree of...
