Immigration Rules
Immigration Rules: Immigration Rules Part 8 Family Members
gov.uk change note: Updated to reflect Statement of Changes HC 1691
Headline
Part 8 Family Members rules have been reformatted from plain text to table structure, with all substantive content preserved but presented in standardised tabular format.
Changes in detail
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Paragraph A280(b) table — Previous list format showing paragraph numbers and additional requirements → New table format with columns for "Paragraph number" and "Additional requirement", containing identical content for paragraphs 295J, 297-300, 304-309, 309A-316F, and 319X.
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Paragraph A280(c) table — Previous list format showing preserved Part 8 provisions → New table format listing identical paragraph ranges: 281-289, 289A-289C, 290-295, 295A-295O, 297-316F, 317-319, 319L-319U, 319V-319Y.
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Paragraph A280(d)(i) table — Previous list format for HM Forces applications → New table format listing same paragraph ranges: 281-289, 289A-289C, 290-295, 295A-295O, 297-316F, 317-319.
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Paragraph A280(e) table — Previous list format for spouse/civil partner provisions → New table format listing same paragraph ranges: 284-286, 287(a)(i)(c), 287(a)(ii)-(vii), 287(b), 288-289, 289A-289C, 295D-295F, 295G(i)(c), 295G(ii)-(vii), 295H-295I.
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Formatting changes throughout — All substantive rule content (paragraphs 277-295F) converted from regular paragraph format to bullet-point format with "-" markers, but text remains identical.
Practical implications
This is purely a formatting change with no impact on legal requirements, eligibility criteria, or application processes. Practitioners can continue to rely on existing guidance and case precedents as all substantive provisions remain unchanged. No action is required for pending applications.
Administrative changes
The entire document has been reformatted from standard paragraph structure to a combination of tables and bullet-pointed text. This affects the visual presentation but preserves all legal content exactly. The change appears designed to improve readability and standardise formatting across Immigration Rules documents.
Diff
@@ -1,86 +1,105 @@ ## Transitional provisions and interaction between Part 8, Appendix FM and Appendix FM-SE + A277 From 9 July 2012 Appendix FM will apply to all applications to which Part 8 of these rules applied on or before 8 July 2012 except where the provisions of Part 8 are preserved and continue to apply, as set out in paragraphs A280 to A280B. + A277A. Where the Secretary of State is considering an application for limited leave to remain or indefinite leave to remain to which Part 8 of these rules continues to apply (excluding an application from a family member of a Relevant Points Based System Migrant or Appendix W Worker), and where the applicant: + (a) does not meet the requirements of Part 8 for indefinite leave to remain, (where the application is for indefinite leave to remain) and + (b) meets or continues to meet the requirements for limited leave to remain under Part 8 in force at the date of decision, + subject to compliance with any requirement notified under paragraph A277D(b), further limited leave to remain under Part 8 may be granted of such a period and subject to such conditions as the Secretary of State deems appropriate. For the purposes of this sub-paragraph an applicant last granted limited leave to enter under Part 8 will be considered as if they had last been granted limited leave to remain under Part 8. + (c) DELETED + A277B. Where the Secretary of State is considering an application for limited leave to remain or indefinite leave to remain to which Part 8 of these rules continues to apply (excluding an application from a family member of a Relevant Points Based System Migrant or Appendix W Worker) and where the application does not meet the requirements for indefinite leave to remain (where the application is for indefinite leave to remain) or limited leave to remain under Part 8 in force at the date of decision: + (a) the application will also be considered as a partner, parent or child under Appendix FM (family life) in line with paragraphs R-LTRP.1.1.(a), (b) and (d), R-LTRPT.1.1.(a), (b) and (d), R-LTRC.1.1.(a), (b) and (d) and under Appendix Private Life; and + (b) if the applicant meets the requirements for leave as a partner, parent or child under the relevant paragraphs of Appendix FM or under Appendix Private Life (except the requirement for a valid application under that route), the applicant will (subject to compliance with any requirement to pay an Immigration Health Charge notified under paragraph A277D(b)) be granted leave. If the applicant meets provisions in both Appendix FM and Appendix Private Life, the applicant will be granted on Appendix Private Life if the applicant is a child or young adult (as that provides a shorter route to settlement), otherwise the applicant will be granted on Appendix FM; and + (c) if the applicant is granted leave under those provisions, the period of the applicant’s continuous leave under Part 8 at the date of application will be counted towards the period of continuous leave which must be completed before the applicant can apply for indefinite leave to remain under paragraph 276B or Appendix Settlement Family Life or Appendix Private Life. + A277C. Subject to paragraphs A277 to A280B and paragraph GEN.1.9. of Appendix FM, the Secretary of State may consider any application to which the provisions of Appendix FM (family life) and Appendix Private life of these rules do not apply, under paragraphs RLTRP.1.1.(a), (b) and (d), R-LTRPT.1.1.(a), (b) and (d), R-LTRC.1.1.(a), (b) and (d) of Appendix FM (family life) and Appendix Private life of these rules. If the applicant meets the requirements for leave under those provisions (except the requirement for a valid application), the applicant will be granted leave under paragraph D-LTRP.1.2., D-LTRPT.1.2. or DLTRC.1.1. of Appendix FM or under Appendix Private Life. - - - -A277D. Where, pursuant to paragraphs A277A to A277C, a person who has made an application for indefinite leave to remain to which Part 8 of these rules continues to apply does not meet the requirements for indefinite leave to remain but falls to be granted limited leave to remain under Part 8, Appendix Private Life or Appendix FM, or outside the rules on Article 8 grounds: - - -(a) The Secretary of State will treat that application for indefinite leave to remain as an application for limited leave to remain; - -(b) The Secretary of State will notify the applicant in writing of any requirement to pay an immigration health charge under the Immigration (Health Charge) Order 2015; and - -(c) If there is such a requirement and that requirement is not met, the application for limited leave to remain will be invalid and the Secretary of State will not refund any application fee paid in respect of the application for indefinite leave to remain. - - - + + +- A277D. Where, pursuant to paragraphs A277A to A277C, a person who has made an application for indefinite leave to remain to which Part 8 of these rules continues to apply does not meet the requirements for indefinite leave to remain but falls to be granted limited leave to remain under Part 8, Appendix Private Life or Appendix FM, or outside the rules on Article 8 grounds: + + +- (a) The Secretary of State will treat that application for indefinite leave to remain as an application for limited leave to remain; + +- (b) The Secretary of State will notify the applicant in writing of any requirement to pay an immigration health charge under the Immigration (Health Charge) Order 2015; and + +- (c) If there is such a requirement and that requirement is not met, the application for limited leave to remain will be invalid and the Secretary of State will not refund any application fee paid in respect of the application for indefinite leave to remain. + + + + A278 The requirements to be met under Part 8 after 9 July 2012 may be modified or supplemented by the requirements in Appendix FM and Appendix FM-SE. + A279. Paragraphs 13.2.1.- 13.3.2. apply to all immigration decisions made further to applications under Part 8 and paragraphs 276A-276D where a decision is made on or after 28 July 2014, irrespective of the date the application was made. + A280 The following provisions of Part 8 apply in the manner and circumstances specified: + (a) The following paragraphs apply in respect of all applications made under Part 8 and Appendix FM, irrespective of the date of application or decision: - 277-280 - - - - 289AA - - - - 295AA - - - - 296 - - - +| + | 277-280 + | + + +| + | 289AA + | + + +| + | 295AA + | + + +| + | 296 + | + + + @@ -89,151 +108,171 @@ - Paragraph number - Additional requirement - - - - - 295J - None - - - 297-300 - Where the applicant falls under paragraph 297, the applicant must not fall for refusal under SUI 6.1. of Part Suitability in respect of a parent of the applicant. For these purposes, “a parent of the applicant” is to be construed as including “a close relative of the applicant” under paragraph 297. - - - 304-309 - Where the applicant falls under paragraph 305, the applicant must not fall for refusal under SUI 6.1. of Part Suitability in respect of a parent of the applicant. - - - 309A-316F - Where: (1) the applicant: - falls under paragraph 314(i)(a); or - falls under paragraph 316A(i)(d) or (e); and - is applying on or after 9 July 2012; and (2) the “other parent” mentioned in paragraph 314(i)(a), or one of the prospective parents mentioned in paragraph 316A(i)(d) or (e), has or is applying for entry clearance or limited leave to remain as a partner under Appendix FM the application must also meet the requirements of paragraphs E-ECC 2.1-2.3 or E-ECC.2.5.-2.6 (entry clearance applications) or E-LTRC 2.1-2.3 or E-LTRC.2.5.-2.6 (leave to remain applications) of Appendix FM. - - - - Where the applicant: - falls under paragraph 314(i)(d); - is applying on or after 9 July 2012; and - has two parents or prospective parents and one of the applicant’s parents or prospective parents does not have right of abode, indefinite leave to enter or remain, is not present and settled in the UK or being admitted for settlement on the same occasion as the applicant is seeking admission, but otherwise has or is applying for entry clearance or limited leave to remain as a partner under Appendix FM, the application must also meet the requirements of paragraphs E-ECC 2.1-2.3 or E-ECC.2.5.-2.6 (entry clearance applications) or E-LTRC 2.1-2.3 or E-LTRC.2.5.-2.6 (leave to remain applications) of Appendix FM. - - - 319X - None - - - - - - - - -(c) The following provisions of Part 8 continue to apply on or after 9 July 2012, and are not subject to any additional requirement listed in (b) above: - - -(i) to persons who have made an application before 9 July 2012 under Part 8 which was not decided as at 9 July 2012; and - -(ii) to applications made by persons in the UK who have been granted entry clearance or limited leave to enter or remain under Part 8 before 9 July 2012 and where this is a requirement of Part 8, this leave to enter or limited leave to remain is extant: - - - - - - - - - 281-289 - - - - 289A-289C - - - - 290-295 - - - - 295A-295O - - - - 297-316F - - - - 317-319 - - - - 319L-319U - - - - 319V-319Y - - - +| + | Paragraph number + | Additional requirement + + + + +| + | 295J + | None + + +| + | 297-300 + | Where the applicant falls under paragraph 297, the applicant must not fall for refusal under SUI 6.1. of Part Suitability in respect of a parent of the applicant. For these purposes, “a parent of the applicant” is to be construed as including “a close relative of the applicant” under paragraph 297. + + +| + | 304-309 + | Where the applicant falls under paragraph 305, the applicant must not fall for refusal under SUI 6.1. of Part Suitability in respect of a parent of the applicant. + + +| + | 309A-316F + | Where: (1) the applicant: - falls under paragraph 314(i)(a); or - falls under paragraph 316A(i)(d) or (e); and - is applying on or after 9 July 2012; and (2) the “other parent” mentioned in paragraph 314(i)(a), or one of the prospective parents mentioned in paragraph 316A(i)(d) or (e), has or is applying for entry clearance or limited leave to remain as a partner under Appendix FM the application must also meet the requirements of paragraphs E-ECC 2.1-2.3 or E-ECC.2.5.-2.6 (entry clearance applications) or E-LTRC 2.1-2.3 or E-LTRC.2.5.-2.6 (leave to remain applications) of Appendix FM. + + +| + | + | Where the applicant: - falls under paragraph 314(i)(d); - is applying on or after 9 July 2012; and - has two parents or prospective parents and one of the applicant’s parents or prospective parents does not have right of abode, indefinite leave to enter or remain, is not present and settled in the UK or being admitted for settlement on the same occasion as the applicant is seeking admission, but otherwise has or is applying for entry clearance or limited leave to remain as a partner under Appendix FM, the application must also meet the requirements of paragraphs E-ECC 2.1-2.3 or E-ECC.2.5.-2.6 (entry clearance applications) or E-LTRC 2.1-2.3 or E-LTRC.2.5.-2.6 (leave to remain applications) of Appendix FM. + + +| + | 319X + | None + + + + + + + +- (c) The following provisions of Part 8 continue to apply on or after 9 July 2012, and are not subject to any additional requirement listed in (b) above: + + +- (i) to persons who have made an application before 9 July 2012 under Part 8 which was not decided as at 9 July 2012; and + +- (ii) to applications made by persons in the UK who have been granted entry clearance or limited leave to enter or remain under Part 8 before 9 July 2012 and where this is a requirement of Part 8, this leave to enter or limited leave to remain is extant: + + + + + + + + +| + | 281-289 + | + + +| + | 289A-289C + | + + +| + | 290-295 + | + + +| + | 295A-295O + | + + +| + | 297-316F + | + + +| + | 317-319 + | + + +| + | 319L-319U + | + + +| + | 319V-319Y + | + + + (d) - - - -(i) The following provisions of Part 8 continue to apply to applications made in the period beginning with 9 July 2012 and ending on 30 November 2013, including those that have not been decided before 1 December 2013, and are not subject to any additional requirement listed in (b) above, by persons who have made an application for entry clearance, leave to enter or remain as the fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner, same sex partner, or child or other dependant relative of a British citizen or settled person who is a full-time member of HM Forces: - - - - - - - 281-289 - - - - 289A-289C - - - - 290-295 - - - - 295A-295O - - - - 297-316F - - - - 317-319 - - - - - - - - - -(d) - - -(ii) Subject to the following provisions, from 1 December 2013, Appendix Armed Forces applies to all applications for entry clearance, leave to enter or remain as the fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner, same sex partner or child of a British citizen or settled person who is a full-time member of HM Forces. - -(iii) Except, from 1 December 2013, the provisions in paragraph A280(d)(i) continue to apply to persons who were granted entry clearance, limited leave to enter or remain under Part 8 before 1 December 2013, and where it is a requirement of Part 8, that leave to enter or remain is extant. - -(iv) Applications may continue to be made under paragraphs 297 to 316F of Part 8 by the child of a British citizen or settled person who was a full-time member of HM Forces regardless of the date of application and paragraph A280(b) continues to apply to these applications as appropriate. - -(v) A new application by a dependent relative of a British citizen or settled person who is a full time member of HM Forces may no longer be made under paragraphs 317-319 on or after 1 December 2013. Those applications must meet the requirements of Appendix FM unless an application was submitted on or before 30 November 2013. An application made by a dependent relative of a British citizen or settled person who is a full time member of HM Forces on or before 30 November 2013 will be considered under the relevant paragraphs 317-319 which apply. - -(vi) For the avoidance of doubt, paragraph A280(e) will continue to apply to the spouse, civil partner, unmarried partner or same sex partner of a British citizen or settled person who was a full-time member of HM Forces when the spouse, civil partner, unmarried or same sex partner was admitted to the UK under paragraph 282(c) or 295B(c) where the applicant has not yet applied for indefinite leave to remain, including where an application relying on paragraph A280(e) is made on or after 1 December 2013. - -(vii) The requirements in paragraphs 8 and 9 of Appendix Armed Forces apply to applications for entry clearance, leave to enter or remain as the fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner, same sex partner, or child or other dependent relative of a British citizen or settled person who is a full-time member of HM Forces making an application under Part 8 (where paragraph A280 (d) has permitted such an application) where the decision is made on or after 1 December 2013 (and irrespective of the date of the application). - - - + + +- (i) The following provisions of Part 8 continue to apply to applications made in the period beginning with 9 July 2012 and ending on 30 November 2013, including those that have not been decided before 1 December 2013, and are not subject to any additional requirement listed in (b) above, by persons who have made an application for entry clearance, leave to enter or remain as the fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner, same sex partner, or child or other dependant relative of a British citizen or settled person who is a full-time member of HM Forces: + + + + + + +| + | 281-289 + | + + +| + | 289A-289C + | + + +| + | 290-295 + | + + +| + | 295A-295O + | + + +| + | 297-316F + | + + +| + | 317-319 + | + + + + + + + +- (d) + + +- (ii) Subject to the following provisions, from 1 December 2013, Appendix Armed Forces applies to all applications for entry clearance, leave to enter or remain as the fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner, same sex partner or child of a British citizen or settled person who is a full-time member of HM Forces. + +- (iii) Except, from 1 December 2013, the provisions in paragraph A280(d)(i) continue to apply to persons who were granted entry clearance, limited leave to enter or remain under Part 8 before 1 December 2013, and where it is a requirement of Part 8, that leave to enter or remain is extant. + +- (iv) Applications may continue to be made under paragraphs 297 to 316F of Part 8 by the child of a British citizen or settled person who was a full-time member of HM Forces regardless of the date of application and paragraph A280(b) continues to apply to these applications as appropriate. + +- (v) A new application by a dependent relative of a British citizen or settled person who is a full time member of HM Forces may no longer be made under paragraphs 317-319 on or after 1 December 2013. Those applications must meet the requirements of Appendix FM unless an application was submitted on or before 30 November 2013. An application made by a dependent relative of a British citizen or settled person who is a full time member of HM Forces on or before 30 November 2013 will be considered under the relevant paragraphs 317-319 which apply. + +- (vi) For the avoidance of doubt, paragraph A280(e) will continue to apply to the spouse, civil partner, unmarried partner or same sex partner of a British citizen or settled person who was a full-time member of HM Forces when the spouse, civil partner, unmarried or same sex partner was admitted to the UK under paragraph 282(c) or 295B(c) where the applicant has not yet applied for indefinite leave to remain, including where an application relying on paragraph A280(e) is made on or after 1 December 2013. + +- (vii) The requirements in paragraphs 8 and 9 of Appendix Armed Forces apply to applications for entry clearance, leave to enter or remain as the fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner, same sex partner, or child or other dependent relative of a British citizen or settled person who is a full-time member of HM Forces making an application under Part 8 (where paragraph A280 (d) has permitted such an application) where the decision is made on or after 1 December 2013 (and irrespective of the date of the application). + + + + @@ -242,79 +281,100 @@ - 284-286 - - - - 287(a)(i)(c) - - - - 287(a)(ii)-(vii) - - - - 287(b) - - - - 288-289 - - - - 289A-289C - - - - 295D-295F - - - - 295G(i)(c) - - - - 295G(ii)-(vii) - - - - 295H-295I - - - +| + | 284-286 + | + + +| + | 287(a)(i)(c) + | + + +| + | 287(a)(ii)-(vii) + | + + +| + | 287(b) + | + + +| + | 288-289 + | + + +| + | 289A-289C + | + + +| + | 295D-295F + | + + +| + | 295G(i)(c) + | + + +| + | 295G(ii)-(vii) + | + + +| + | 295H-295I + | + + + (f) Paragraphs 301-303F continue to apply to applications made under this route on or after 9 July 2012, and are not subject to any additional requirement listed in (b) above, by a child of a person to whom those paragraphs relate who has been granted limited leave to enter or remain or an extension of stay following an application made before 9 July 2012, + (g) For the avoidance of doubt, notwithstanding the introduction of Appendix FM, paragraphs 319AA - 319J of Part 8 continue to apply, and are not subject to any additional requirement listed in paragraph (b) above, to applications for entry clearance or leave to enter or remain as the spouse, civil partner, unmarried partner, same sex partner, or child of a Relevant Points Based System Migrant or Appendix W Worker. + A280A. The sponsor of an applicant under Part 8 for limited or indefinite leave to remain as a spouse, civil partner, unmarried partner or same sex partner must be the same person as the sponsor of the applicant’s last grant of leave in that category. + A280AA. Where a person aged 18 or over is granted limited leave to enter or remain under Part 8 of these rules, or where a person granted such limited leave to enter or remain will be aged 18 before that period of limited leave expires, the leave will, in addition to any other conditions which may apply, be granted subject to the ATAS condition in Appendix ATAS. + A280B. An applicant aged 18 or over may not rely on paragraph A280 where, since their last grant of limited leave to enter or remain under Part 8, they have been granted or refused leave under Appendix FM, Appendix Armed Forces or Appendix Private Life of these rules, or been granted limited leave to enter or remain in a category outside their original route to settlement. + A281. In Part 8 “specified” means specified in Appendix FM-SE, unless otherwise stated, and “English language test provider approved by the Secretary of State” means a provider specified in Appendix O. + A282. From 1 December 2020, all references to ‘refusal under General Grounds for Refusal’ in Part 8 are to be read as ‘refusal under Part 9: grounds for refusal.’ From 11 November 2025 all references to General Grounds for Refusal are to be read as Part Suitability. + A283. From 12 April 2023, an application for a child to join, stay or settle with a non-parent relative with protection status must meet the requirements under Appendix Child joining or staying with a Non-Parent Relative (Protection) and the application will not be considered under this Part of the Immigration Rules. + A284. From 31 January 2024, an application for settlement from a victim of domestic abuse (and any dependent children), must be made under Appendix Victim of Domestic Abuse and an application for settlement from a bereaved partner (and any dependent children), must be made under Appendix Bereaved Partner (and any application for settlement will not be considered under this Part). + A285. From 11 April 2024, an application for a partner or child to join a member of HM Armed Forces or an HM Armed Forces service leaver must meet the requirements under Appendix HM Armed Forces and will not be considered under this Part of the Immigration Rules. + A286. From 6 June 2024, an application by a child to join an adoptive parent or parents in the UK must meet the requirements under Appendix Adoption and the application will not be considered under this Part of the Immigration Rules. @@ -322,62 +382,61 @@ ## Spouses and civil partners - - - -277. Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as a spouse or civil partner of another if either the applicant or the sponsor will be aged under 18 on the date of arrival in the United Kingdom or (as the case may be) on the date on which the leave to remain or variation of leave would be granted. In these rules the term “sponsor” includes “partner” as defined in GEN 1.2 of Appendix FM. - -278. Nothing in these Rules shall be construed as allowing a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as the spouse and civil partner of a man or woman (the sponsor) if: - - -(i) his or her marriage or civil partnership to the sponsor is polygamous; and - -(ii) there is another person living who is the husband or wife of the sponsor and who: - - -(a) is, or at any time since his or her marriage or civil partnership to the sponsor has been, in the United Kingdom; or - -(b) has been granted a certificate of entitlement in respect of the right of abode mentioned in Section 2(1)(a) of the Immigration Act 1988 or an entry clearance to enter the United Kingdom as the husband or wife of the sponsor. - - - - - + + +- 277. Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as a spouse or civil partner of another if either the applicant or the sponsor will be aged under 18 on the date of arrival in the United Kingdom or (as the case may be) on the date on which the leave to remain or variation of leave would be granted. In these rules the term “sponsor” includes “partner” as defined in GEN 1.2 of Appendix FM. + +- 278. Nothing in these Rules shall be construed as allowing a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as the spouse and civil partner of a man or woman (the sponsor) if: + + +- (i) his or her marriage or civil partnership to the sponsor is polygamous; and + +- (ii) there is another person living who is the husband or wife of the sponsor and who: + + +- (a) is, or at any time since his or her marriage or civil partnership to the sponsor has been, in the United Kingdom; or + +- (b) has been granted a certificate of entitlement in respect of the right of abode mentioned in Section 2(1)(a) of the Immigration Act 1988 or an entry clearance to enter the United Kingdom as the husband or wife of the sponsor. + + + + + + For the purpose of this paragraph a marriage or civil partnership may be polygamous although at its inception neither party had any other spouse or civil partner. - - - -279. Paragraph 278 does not apply to any person who seeks entry clearance, leave to enter, leave to remain or variation of leave where: - - -(i) he or she has been in the United Kingdom before 1 August 1988 having been admitted for the purpose of settlement as the husband or wife of the sponsor; or - -(ii) he or she has, since their marriage or civil partnership to the sponsor, been in the United Kingdom at any time when there was no such other spouse or civil partner living as is mentioned in paragraph 278 (ii). - - - + + +- 279. Paragraph 278 does not apply to any person who seeks entry clearance, leave to enter, leave to remain or variation of leave where: + + +- (i) he or she has been in the United Kingdom before 1 August 1988 having been admitted for the purpose of settlement as the husband or wife of the sponsor; or + +- (ii) he or she has, since their marriage or civil partnership to the sponsor, been in the United Kingdom at any time when there was no such other spouse or civil partner living as is mentioned in paragraph 278 (ii). + + + + But where a person claims that paragraph 278 does not apply to them because they have been in the United Kingdom in circumstances which cause them to fall within sub paragraphs (i) or (ii) of that paragraph it shall be for them to prove that fact. - - - -280. For the purposes of paragraphs 278 and 279 the presence of any wife or husband in the United Kingdom in any of the following circumstances shall be disregarded: - - -(i) as a visitor; or - -(ii) an illegal entrant; or - -(iii) in circumstances whereby a person is deemed by Section 11(1) of the Immigration Act 1971 not to have entered the United Kingdom. + + +- 280. For the purposes of paragraphs 278 and 279 the presence of any wife or husband in the United Kingdom in any of the following circumstances shall be disregarded: + + +- (i) as a visitor; or + +- (ii) an illegal entrant; or + +- (iii) in circumstances whereby a person is deemed by Section 11(1) of the Immigration Act 1971 not to have entered the United Kingdom. @@ -388,48 +447,48 @@ ## 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: + + +- 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 +- (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; the British Overseas Territories; 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 the qualification and language assessments provider 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; the British Overseas Territories; 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 the qualification and language assessments provider to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and +- (iii) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; the British Overseas Territories; 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 the qualification and language assessments provider 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; the British Overseas Territories; 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 the qualification and language assessments provider 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) the qualification and language assessments provider has confirmed that the qualification was taught or researched in English, or +- (1) provides the specified evidence to show he has the qualification, and + +- (2) the qualification and language assessments provider 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 the qualification and language assessments provider 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: +- (vi) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by the qualification and language assessments provider 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. +- (1) he has the qualification, and + +- (2) that the qualification was taught or researched in English. @@ -437,38 +496,39 @@ - +- 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 demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; 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 must not fall for refusal under Part Suitability. - - - +- + + +- (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 demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; 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 must not fall for refusal under Part Suitability. + + + + @@ -479,17 +539,16 @@ ## 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. + + +- 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. @@ -500,10 +559,9 @@ ## 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. + + +- 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. @@ -512,74 +570,73 @@ ## Requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom - - - -284. The requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom are that: - - -(i) the applicant has or was last granted limited leave to enter or remain in the United Kingdom which meets the following requirements: - - -(a) The leave was given in accordance with any of the provisions of these Rules; and - -(b) The leave was granted for a period of 6 months or more, unless it was granted as a fiancé(e) or proposed civil partner; and - -(c) The leave was not as the spouse, civil partner, unmarried or same-sex partner of a Relevant Points-Based System Migrant or Appendix W Worker; and - - - -(ii) the applicant is married to or the civil partner of a person present and settled in the United Kingdom; and - -(iii) the parties to the marriage or civil partnership have met; and - -(iv) the applicant must not be in the UK in breach of immigration laws (except that, where the Exceptions for overstayers section of Part Suitability applies, any current period of overstaying will be disregarded); and - -(v) the marriage or civil partnership has not taken place after a decision has been made to deport the applicant or he has been recommended for deportation or been given notice under Section 6(2) of the Immigration Act 1971 or been given directions for his removal under section 10 of the Immigration and Asylum Act 1999; and - -(vi) 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 - -(vii) 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 - -(viii) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and - -(ix) (a) the applicant provides an 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 - - - -(ix) (b) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; the British Overseas Territories; Canada; Dominica; Grenada; Guyana; Jamaica; Malta; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or - -(ix)(c) the applicant has obtained an academic qualification (not a professional or vocational qualification) which either: - - -(i) is a UK Bachelor’s degree, Master’s degree or PhD; or - -(ii) is deemed by the qualification and language assessments provider 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; The British Overseas Territories; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the USA; Malta; and provides the specified documents; or - - - -(ix) (d) the applicant has obtained an academic qualification which is deemed by the qualification and language assessments provider to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and - - -(i) provides the specified evidence to show he has the qualification, and - -(ii) if awarded outside of the UK, the qualification and language assessments provider has confirmed that the qualification was taught or researched in English, or - - - -(ix) (e) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by the qualification and language assessments provider, if awarded outside of the UK 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: - - -(i) he has the qualification, and - -(ii) that the qualification was taught or researched in English. + + +- 284. The requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom are that: + + +- (i) the applicant has or was last granted limited leave to enter or remain in the United Kingdom which meets the following requirements: + + +- (a) The leave was given in accordance with any of the provisions of these Rules; and + +- (b) The leave was granted for a period of 6 months or more, unless it was granted as a fiancé(e) or proposed civil partner; and + +- (c) The leave was not as the spouse, civil partner, unmarried or same-sex partner of a Relevant Points-Based System Migrant or Appendix W Worker; and + + + +- (ii) the applicant is married to or the civil partner of a person present and settled in the United Kingdom; and + +- (iii) the parties to the marriage or civil partnership have met; and + +- (iv) the applicant must not be in the UK in breach of immigration laws (except that, where the Exceptions for overstayers section of Part Suitability applies, any current period of overstaying will be disregarded); and + +- (v) the marriage or civil partnership has not taken place after a decision has been made to deport the applicant or he has been recommended for deportation or been given notice under Section 6(2) of the Immigration Act 1971 or been given directions for his removal under section 10 of the Immigration and Asylum Act 1999; and + +- (vi) 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 + +- (vii) 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 + +- (viii) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and + +- (ix) (a) the applicant provides an 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 + + + +- (ix) (b) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; the British Overseas Territories; Canada; Dominica; Grenada; Guyana; Jamaica; Malta; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or + +- (ix)(c) the applicant has obtained an academic qualification (not a professional or vocational qualification) which either: + + +- (i) is a UK Bachelor’s degree, Master’s degree or PhD; or + +- (ii) is deemed by the qualification and language assessments provider 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; The British Overseas Territories; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the USA; Malta; and provides the specified documents; or + + + +- (ix) (d) the applicant has obtained an academic qualification which is deemed by the qualification and language assessments provider to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and + + +- (i) provides the specified evidence to show he has the qualification, and + +- (ii) if awarded outside of the UK, the qualification and language assessments provider has confirmed that the qualification was taught or researched in English, or + + + +- (ix) (e) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by the qualification and language assessments provider, if awarded outside of the UK 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: + + +- (i) he has the qualification, and + +- (ii) that the qualification was taught or researched in English. @@ -592,10 +649,9 @@ ## Extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom - - - -285. An extension of stay as the spouse or civil 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 the Secretary of State is satisfied that each of the requirements of paragraph 284 is met. + + +- 285. An extension of stay as the spouse or civil 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 the Secretary of State is satisfied that each of the requirements of paragraph 284 is met. @@ -604,10 +660,9 @@ ## Refusal of extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom - - - -286. An extension of stay as the spouse or civil 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 284 is met. + + +- 286. An extension of stay as the spouse or civil 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 284 is met. @@ -616,45 +671,43 @@ ## Requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom - - - -287. (a) The requirements for indefinite leave to remain for the spouse or civil 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 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom; or - -__(b) 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 during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried or same-sex partner and then the spouse or civil partner of a person present and settled in the United Kingdom; or - -__(c) was admitted to the United Kingdom in accordance with leave granted under paragraph 282(c) of these rules; or - -__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant or Appendix W Worker; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here; or - -__(e) 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 or Appendix W Worker; and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried or same-sex partner and then the spouse or civil partner of the person who is now present and settled in the UK; or - -__(f) the applicant was admitted into the UK in accordance with paragraph 319L and has completed a period of 2 years limited leave as the spouse or civil partner of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the spouse or civil partner of a former refugee or beneficiary of humanitarian protection who is now a British Citizen. - -(ii) the applicant is still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join and the marriage or civil partnership is subsisting; and - -(iii) each of the parties intends to live permanently with the other as his or her spouse or civil 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 demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and - -(vii) the applicant must not fall for refusal under Part Suitability. - - - - - - - - - -(b) DELETED. + + +- 287. (a) The requirements for indefinite leave to remain for the spouse or civil 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 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom; or + +- __(b) 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 during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried or same-sex partner and then the spouse or civil partner of a person present and settled in the United Kingdom; or + +- __(c) was admitted to the United Kingdom in accordance with leave granted under paragraph 282(c) of these rules; or + +- __(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant or Appendix W Worker; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here; or + +- __(e) 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 or Appendix W Worker; and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried or same-sex partner and then the spouse or civil partner of the person who is now present and settled in the UK; or + +- __(f) the applicant was admitted into the UK in accordance with paragraph 319L and has completed a period of 2 years limited leave as the spouse or civil partner of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the spouse or civil partner of a former refugee or beneficiary of humanitarian protection who is now a British Citizen. + +- (ii) the applicant is still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join and the marriage or civil partnership is subsisting; and + +- (iii) each of the parties intends to live permanently with the other as his or her spouse or civil 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 demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and + +- (vii) the applicant must not fall for refusal under Part Suitability. + + + + + + + + +- (b) DELETED. @@ -663,10 +716,9 @@ ## Indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom - - - -288. Indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 287 is met. + + +- 288. Indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 287 is met. @@ -675,10 +727,9 @@ ## Refusal of indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom - - - -289. Indefinite leave to remain for the spouse or civil 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 287 is met. + + +- 289. Indefinite leave to remain for the spouse or civil 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 287 is met. @@ -691,10 +742,9 @@ ## Requirements for indefinite leave to remain in the United Kingdom as the victim of domestic violence - - - -289A. DELETED. + + +- 289A. DELETED. @@ -703,10 +753,9 @@ ## Indefinite leave to remain as the victim of domestic violence - - - -289B. DELETED. + + +- 289B. DELETED. @@ -715,12 +764,11 @@ ## Refusal of indefinite leave to remain as the victim of domestic violence - - - -289C. DELETED. - -289D. DELETED. + + +- 289C. DELETED. + +- 289D. DELETED. @@ -729,10 +777,9 @@ ## Fiance(e)s and proposed civil partners - - - -289AA. Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter or variation of leave as a fiance(e) or proposed civil 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. + + +- 289AA. Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter or variation of leave as a fiance(e) or proposed civil 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. @@ -741,59 +788,58 @@ ## Requirements for leave to enter the United Kingdom as a fiance(e) or proposed civil partner (i.e. with a view to marriage or civil partnership and permanent settlement in the United Kingdom) - - - -290. The requirements to be met by a person seeking leave to enter the United Kingdom as a fiance(e) or proposed civil partner are that: - - -(i) the applicant is seeking leave to enter the United Kingdom for marriage or civil partnership to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and - -(ii) the parties to the proposed 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 after the marriage or civil partnership ; and - -(iv) adequate maintenance and accommodation without recourse to public funds will be available for the applicant until the date of the marriage or civil partnership; and - -(v) there will, after the marriage or civil partnership, 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 after the marriage or civil partnership to maintain themselves and any dependants adequately without recourse to public funds; and - -(vii)(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 - - - -(vii)(b) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; the British Overseas Territories; 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 - -(vii)(c) the applicant has obtained an academic qualification, which is deemed by the qualification and language assessments provider 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; the British Overseas Territories; 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 - -(vii)(d) the applicant has obtained an academic qualification which is deemed by the qualification and language assessments provider 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) the qualification and language assessments provider has confirmed that the qualification was taught or researched in English, or - - - -(vii)(e) has obtained an academic qualification which is deemed by the qualification and language assessments provider 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. + + +- 290. The requirements to be met by a person seeking leave to enter the United Kingdom as a fiance(e) or proposed civil partner are that: + + +- (i) the applicant is seeking leave to enter the United Kingdom for marriage or civil partnership to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and + +- (ii) the parties to the proposed 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 after the marriage or civil partnership ; and + +- (iv) adequate maintenance and accommodation without recourse to public funds will be available for the applicant until the date of the marriage or civil partnership; and + +- (v) there will, after the marriage or civil partnership, 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 after the marriage or civil partnership to maintain themselves and any dependants adequately without recourse to public funds; and + +- (vii)(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 + + + +- (vii)(b) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; the British Overseas Territories; 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 + +- (vii)(c) the applicant has obtained an academic qualification, which is deemed by the qualification and language assessments provider 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; the British Overseas Territories; 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 + +- (vii)(d) the applicant has obtained an academic qualification which is deemed by the qualification and language assessments provider 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) the qualification and language assessments provider has confirmed that the qualification was taught or researched in English, or + + + +- (vii)(e) has obtained an academic qualification which is deemed by the qualification and language assessments provider 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. and -(viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity. +- (viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity. @@ -804,10 +850,9 @@ ## Leave to enter as a fiance(e) or proposed civil partner - - - -291. A person seeking leave to enter the United Kingdom as a fiance(e) or proposed civil partner may be admitted, with a prohibition on employment, for a period not exceeding 6 months to enable the marriage or civil partnership to take place provided that, on arrival, a valid passport or other identity document is produced to the Immigration Officer and the applicant has entry clearance for entry in this capacity. + + +- 291. A person seeking leave to enter the United Kingdom as a fiance(e) or proposed civil partner may be admitted, with a prohibition on employment, for a period not exceeding 6 months to enable the marriage or civil partnership to take place provided that, on arrival, a valid passport or other identity document is produced to the Immigration Officer and the applicant has entry clearance for entry in this capacity. @@ -816,10 +861,9 @@ ## Refusal of leave to enter as a fiance(e) or proposed civil partner - - - -292. Leave to enter the United Kingdom as a fiance(e) or proposed civil partner is to be refused if, on arrival, a valid passport or other identity document is not produced to the Immigration Officer and the applicant does not have entry clearance for entry in this capacity. + + +- 292. Leave to enter the United Kingdom as a fiance(e) or proposed civil partner is to be refused if, on arrival, a valid passport or other identity document is not produced to the Immigration Officer and the applicant does not have entry clearance for entry in this capacity. @@ -828,19 +872,18 @@ ## Requirements for an extension of stay as a fiance(e) or proposed civil partner - - - -293. The requirements for an extension of stay as a fiance(e) or proposed civil partner are that: - - -(i) the applicant was admitted to the United Kingdom with a valid United Kingdom entry clearance as a fiance(e) or proposed civil partner; and - -(ii) good cause is shown why the marriage or civil partnership did not take place within the initial period of leave granted under paragraph 291; and - -(iii) there is satisfactory evidence that the marriage or civil partnership will take place at an early date; and - -(iv) the requirements of paragraph 290 (ii)-(vii) are met. + + +- 293. The requirements for an extension of stay as a fiance(e) or proposed civil partner are that: + + +- (i) the applicant was admitted to the United Kingdom with a valid United Kingdom entry clearance as a fiance(e) or proposed civil partner; and + +- (ii) good cause is shown why the marriage or civil partnership did not take place within the initial period of leave granted under paragraph 291; and + +- (iii) there is satisfactory evidence that the marriage or civil partnership will take place at an early date; and + +- (iv) the requirements of paragraph 290 (ii)-(vii) are met. @@ -851,10 +894,9 @@ ## Extension of stay as a fiance(e) or proposed civil partner - - - -294. An extension of stay as a fiance(e) or proposed civil partner may be granted for an appropriate period with a prohibition on employment to enable the marriage or civil partnership to take place provided the Secretary of State is satisfied that each of the requirements of paragraph 293 is met. + + +- 294. An extension of stay as a fiance(e) or proposed civil partner may be granted for an appropriate period with a prohibition on employment to enable the marriage or civil partnership to take place provided the Secretary of State is satisfied that each of the requirements of paragraph 293 is met. @@ -863,10 +905,9 @@ ## Refusal of extension of stay as a fiance(e) or proposed civil partner - - - -295. An extension of stay is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 293 is met. + + +- 295. An extension of stay is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 293 is met. @@ -879,10 +920,9 @@ ## 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. + + +- 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. @@ -891,72 +931,72 @@ ## 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; the British Overseas Territories; 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 the qualification and language assessments provider 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; the British Overseas Territories; 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 the qualification and language assessments provider 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) the qualification and language assessments provider 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 the qualification and language assessments provider 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. + + +- 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; the British Overseas Territories; 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 the qualification and language assessments provider 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; the British Overseas Territories; 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 the qualification and language assessments provider 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) the qualification and language assessments provider 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 the qualification and language assessments provider 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 demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; 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 Part Suitability. - - - +- __(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 demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; 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 Part Suitability. + + + + @@ -967,17 +1007,16 @@ ## 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. + + +- 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. @@ -988,10 +1027,9 @@ ## 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. + + +- 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. @@ -1004,76 +1042,75 @@ ## 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 or was last granted limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules, unless: - - -(a) 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; or - -(b) the leave was granted as the unmarried or same-sex partner of a Relevant Points Based System Migrant or Appendix W Worker; 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 must not be in the UK in breach of immigration laws (except that, where the Exceptions for overstayers section of Part Suitability applies, any current period of overstaying will be disregarded); 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 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; the British Overseas Territories; Canada; Dominica; Grenada; Guyana; Jamaica; Malta; 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 either: - - -(i) is a UK Bachelor’s degree, Master’s degree or PhD; or - -(ii) is deemed by the qualification and language assessments provider 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; The British Overseas Territories; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the USA; Malta; and provides the specified documents; or - - - -(xi) (d) the applicant has obtained an academic qualification which is deemed by the qualification and language assessments provider to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and - - -(i) provides the specified evidence to show he has the qualification, and - -(ii) if awarded outside of the UK, the qualification and language assessments provider 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 the qualification and language assessments provider, if awarded outside of the UK 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: - - -(i) he has the qualification, and - -(ii) that the qualification was taught or researched in English. + + +- 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 or was last granted limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules, unless: + + +- (a) 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; or + +- (b) the leave was granted as the unmarried or same-sex partner of a Relevant Points Based System Migrant or Appendix W Worker; 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 must not be in the UK in breach of immigration laws (except that, where the Exceptions for overstayers section of Part Suitability applies, any current period of overstaying will be disregarded); 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 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 qual