Leave to Enter the UK as Unmarried or Same-Sex Partner

Leave to Enter the UK 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- Paragraphs 295AA to 295C of the Immigration Rules Part 8: Family Members Home Office, UK Government. Published on 29 February 2016 Updated on 02 May 2017

Unmarried or Same-Sex Partner- Grant of Leave to Enter, Refusal

Leave to Enter the UK as Unmarried or Same-Sex Partner

The Paragraphs 295AA, 295A, 295B and 295C, of the Immigration Rules Part 8: Family Members, explains the details of  Min Age of the ApplicantsRequirements for Leave to EnterGrant of Leave to EnterRefusal of Leave to Enter as Unmarried or Same-Sex Partner of a Person Present and Settled in the UK or being admitted on the same occasion for Settlement, respectively.

Min Age for Settlement in the UK as Unmarried or Same-Sex Partner

According to Paragraph 295AA, if either applicant or sponsor is under 18 years of age then Entry Clearance is not permitted under the Immigration Rules. Therefore, both the applicant and sponsor need to be above 18 years of age for settlement in the UK as Unmarried or Same-Sex Partner under the Immigration Rules.

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.

Leave to Enter Requirements for Unmarried or Same-Sex Partner

Paragraph 295A of the Immigration Rules Part 8: Family Members explains the details of the requirements for Leave to Enter the UK as the Unmarried or Same-Sex Partner of a Person Present and Settled in the UK.

Requirements for Leave to Enter the United Kingdom with a view to Settlement as the Unmarried or Same-Sex Partner of a Person Present and Settled in the United Kingdom or being admitted on the same occasion for Settlement

295A. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement, are that:

(i)

(a)(i) the applicant is the unmarried or same-sex partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement and the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more; and

(ii) the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant’s name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless:

(a) the applicant is aged 65 or over at the time he makes his application; or

(b) the applicant has a physical or mental condition that would prevent him from meeting the requirement; or

(c) there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement; or

(iii) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; or

(iv) the applicant has obtained an academic qualification (not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA; and provides the specified documents; or

(v) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and

  1. provides the specified evidence to show he has the qualification, and
  2. UK NARIC has confirmed that the qualification was taught or researched in English, or

(vi) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and provides the specified evidence to show:

  1. he has the qualification, and
  2. that the qualification was taught or researched in English. or

(b)(i) the applicant is the unmarried or same-sex partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties have been living together outside the United Kingdom in a relationship akin to marriage or civil partnership which has subsisted for 4 years or more; and

(b)(ii) the applicant has 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 the general grounds for refusal.

For the purposes of this paragraph and paragraphs 295B – 295I, a member of HM Forces serving overseas, or a permanent member of HM Diplomatic Service or a comparable UK-based staff member of the British Council on a tour of duty abroad, or a staff member of the Department for International Development who is a British Citizen or is settled in the United Kingdom, is to be regarded as present and settled in the United Kingdom.

Grant of Leave to Enter as Unmarried or Same-Sex Partner

According to Paragraph 295B of the Immigration Rules Part 8: Family Members, if an applicant satisfies the requirements stipulated in Paragraph 295A of the Immigration Rules then a Leave to Enter for a period of twenty-seven (27) months is granted as the Unmarried or Same-Sex of a Person Present and Settled in the UK.  However, if an applicant fulfils all the requirements of Paragraphs 295A then an Indefinite Leave to Remain can also be granted.

Leave to Enter the United Kingdom with a view to Settlement as the Unmarried or Same-Sex Partner of a Person Present and Settled in the United Kingdom or being admitted on the same occasion for Settlement

295B. A person seeking leave to enter the United Kingdom as the unmarried or same-sex partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement may:

(a) in the case of a person who meets the requirements of paragraph 295A(i)(a)(i), and one of the requirements of paragraph 295A(i)(a)(ii)-(vi) be admitted for an initial period not exceeding 27 months, or

(b) in the case of a person who meets all of the requirements in paragraph 295A(i)(b), be granted indefinite leave to enter, or

(c) in the case of a person who meets the requirement in paragraph 295A(i)(b)(i), but not the requirement in paragraph 295A(i)(b)(ii) to have sufficient knowledge of the English language and about life in the United Kingdom, be admitted for an initial period not exceeding 27 months, in all cases provided the Immigration Officer is satisfied that each of the relevant requirements of paragraph 295A is met.

Refusal of Leave to Enter

According to Paragraph 295C 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 295A of the Immigration Rules then the application for Leave to Enter as the Unmarried or Same-Sex Partner will be refused.

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.

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Related:  Leave to Remain as the Unmarried or Same-sex PartnerILR as the Unmarried or Same-sex Partner and UK Spouse Settlement Visa- Requirements for Leave to Enter via Immigration Rules part 8: family members – Immigration Rules – Guidance – GOV.UK

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