UK Spouse Settlement Visa- Requirements for an ILR

Details of Paragraphs 287 to 289 of the Immigration Rules Part 8: Family Members,  Home Office, UK Government. Published on 29 February 2016 Updated on 02 May 2017.

UK Spouse Settlement ILR- Requirements, Grants, Refusals

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The Paragraphs 287, 288 and 289, of the Immigration Rules Part 8: Family Members, explains the details of requirements, grants and the refusal of an Extension of Stay as Spouse or Civil Partner of a Person Present and Settled in the UK.

Requirements for an ILR as Spouse or Civil Partner

Paragraph 287(a) of the Immigration Rules Part 8: Family Members explains the details of the requirements for an Indefinite Leave to Remain (ILR) as the Spouse or Civil Partner of a Person Present and Settled in the UK.

Paragraph 287(b) of the Immigration Rules Part 8: Family Members explains the details of the requirements for an Indefinite Leave to Remain (ILR) as the Bereaved Spouse or Civil Partner of a Person who was present and settled in the UK.

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; 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; 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 does not fall for refusal under the general grounds for refusal.

287. (b) The requirements for indefinite leave to remain for the bereaved spouse or civil partner of a person who was 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 as the spouse or civil partner of a person present and settled in the United Kingdom in accordance with paragraphs 281 to 286 of these Rules; 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 as the unmarried or same-sex partner of a person present and settled in the United Kingdom 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

(ii) the person whom the applicant was admitted or granted an extension of stay to join died during that period; and

(iii) the applicant was still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join at the time of the death; and

(iv) each of the parties intended to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership was subsisting at the time of the death; and

(v) the applicant does not fall for refusal under the general grounds for refusal.

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Indefinite Leave to Remain as the Spouse or Civil partner

According to Paragraph 288 of the Immigration Rules Part 8: Family Members, if an applicant satisfies the requirements stipulated in Paragraph 287 of the Immigration Rules then an Indefinite Leave to Remain (ILR) is granted as the Spouse or Civil Partner of a Person Present and Settled in the UK.

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.

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Refusal of an ILR as the Spouse or Civil Partner

According to Paragraph 289 of the Immigration Rules Part 8: Family Members, if an applicant fails to satisfy the Secretary of State regarding fulfilment of the requirements stipulated in Paragraph 287 of the Immigration Rules then the application for an Indefinite Leave to Remain as the Spouse or Civil Partner will be refused.

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.

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Related: UK Spouse Settlement Visa- Requirements for Leave to EnterExtension of Stay as the Spouse or Civil Partner

via Immigration Rules part 8: family members – Immigration Rules – Guidance – GOV.UK