Leave to Remain in the UK as Unmarried or Same-Sex Partner

Leave to Remain as the Unmarried or Same-sex partner of a person present and settled in the UK– Paragraphs 295D to 295F 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 Remain, Refusal

Leave to Remain in the UK as Unmarried or Same-Sex Partner

The Paragraphs 295D, 295E and 295F, 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 Leave to Remain as Unmarried or Same-sex Partner

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

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; 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 paragraph 39E of these Rules 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 original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant’s name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) unless:

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

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

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

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

(xi)(c) the applicant has obtained an academic qualification, which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA; and provides the specified documents; or

(xi)(d) the applicant has obtained an academic qualification which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and

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

(xi)(e) has obtained an academic qualification 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.

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Grants of Leave to Remain as the Unmarried or Same-Sex Partner

According to Paragraph 295E of the Immigration Rules Part 8: Family Members, if an applicant satisfies the requirements stipulated in Paragraph 295D of the Immigration Rules then Leave to Remain for a period of two (2) years is granted in the first instance as the Unmarried or Same-Sex Partner of a Person Present and Settled in the UK.

Leave to Remain as the Unmarried or Same-Sex Partner of a person present and settled in the United Kingdom

295E. Leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom may be granted for a period of 2 years in the first instance provided that the Secretary of State is satisfied that each of the requirements of paragraph 295D are met.

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Refusal of Leave to Remain as the Unmarried or Same-Sex Partner

According to Paragraph 295F 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 295D of the Immigration Rules then the application for Leave to Remain as the Unmarried or Same-Sex Partner of a person person and settled in the UK will be refused.

Refusal of Leave to Remain as the Unmarried or Same-Sex Partner of a person present and settled in the United Kingdom

295F. Leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 295D is met.

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

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