Indefinite Leave to Remain as the Unmarried or Same-Sex Partner

Indefinite Leave to Remain (ILR) as the Unmarried or Same-Sex Partner and Bereaved Unmarried or Same-Sex Partner of a person present and settled in the UK– Paragraphs 295G to 295O 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- Requirement, Grant of ILR, Refusal

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Paragraphs 295G, 295H and 295I, of the Immigration Rules Part 8: Family Members, explains the details of requirementsgrants and the refusal of an Indefinite Leave to Remain (ILR) as Unmarried or Same-Sex Partner of a Person Present and Settled in the UK, respectively.  Paragraphs 295J-295L have been deleted from the Immigration Rules. Paragraphs 295M, 295N and 295O relates to the requirements, grants and refusal of an ILR as the Bereaved Unmarried or Same-Sex Partner of a Person Present and Settled in the UK, respectively.

Requirements for ILR as Unmarried or Same-Sex Partner in the UK

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

Requirements for indefinite leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom

295G. The requirements to be met by a person seeking indefinite leave to remain as the unmarried 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 295AA to 295F of these Rules and has completed a period of 2 years as the unmarried or same-sex partner of a person present and settled here; or

(b) 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 then obtained an extension of stay under paragraphs 295AA to 295F of these Rules; and the person has completed a period of 2 years as the unmarried or same-sex partner of the person who is now present and settled here; or

(c) the applicant was admitted to the United Kingdom in accordance with leave granted under paragraph 295B(c) of these rules; or

(d) the applicant was admitted into the UK in accordance with paragraph 319O and has completed a period of 2 years limited leave as the unmarried or same-sex partner of a refugee or beneficiary of humanitarian protection who is now present and settled in the UK or as the unmarried or same-sex partner of a former refugee or beneficiary of humanitarian protection who is now a British Citizen.

(ii) the applicant is still the unmarried or same-sex partner of the person he was admitted or granted an extension of stay to join and the relationship is still subsisting; and

(iii) each of the parties intends to live permanently with the other as his 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.

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Grant of an ILR as the Unmarried or Same-Sex Partner

According to Paragraph 295H of the Immigration Rules Part 8: Family Members, if an applicant satisfies the requirements stipulated in Paragraph 295G of the Immigration Rules then an Indefinite Leave to Remain (ILR) is granted as the Unmarried or Same-Sex Partner of a Person Present and Settled in the UK.

Indefinite leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom

295H. Indefinite leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 295G is met.

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Refusal of an ILR as the Unmarried or Same-Sex Partner

According to Paragraph 295I 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 295G of the Immigration Rules then the application for an Indefinite Leave to Remain (ILR) in the UK as the Unmarried or Same-Sex Partner of a person person and settled in the UK will be refused.

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

295I. Indefinite 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 295G is met.

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Partner of a Person with Limited Leave to Enter or Remain

Paragraphs 295J-295L relating to the unmarried or same-sex partner of a person with limited leave to enter or remain in the UK have been deleted from Immigration Rules Part 8: Family Members.

Leave to enter or remain as the unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270

Requirements

295J-295L. DELETED.

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Bereaved Unmarried or Same-Sex Partner- Requirements for ILR

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

Indefinite Leave to Remain for the Bereaved Unmarried or Same-Sex partner of a person present and settled in the United Kingdom

Requirements

295M. The requirements to be met by a person seeking indefinite leave to remain as the bereaved unmarried or same-sex partner of a person present and settled in the United Kingdom, are that:

(i) the applicant was admitted to the United Kingdom 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 as the unmarried partner of a person present and settled in the United Kingdom; and

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

(iii) the applicant was still the unmarried or same-sex partner of the person he 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 partner and the relationship 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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Grant of an ILR- Bereaved Unmarried or Same-Sex Partner

According to Paragraph 295N of the Immigration Rules Part 8: Family Members, if an applicant satisfies the requirements stipulated in Paragraph 295M of the Immigration Rules then an Indefinite Leave to Remain (ILR) is granted as the Bereaved Unmarried or Same-Sex Partner of a Person Present and Settled in the UK.

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

295N. Indefinite leave to remain for the bereaved unmarried partner of a person present and settled in the United Kingdom, may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 295M is met.

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Refusal of ILR for the Bereaved Unmarried or Same-Sex Partner

According to Paragraph 295O 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 295M of the Immigration Rules then the application for an Indefinite Leave to Remain (ILR) in the UK as the Bereaved Unmarried or Same-Sex Partner of a person person and settled in the UK will be refused.

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

295O. Indefinite leave to remain for the bereaved 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 295M is met.

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