UK Settlement Requirements- Spouse, Partners of PBS Migrants

Partners of Relevant Points Based System (PBS) Migrants– Paragraphs 319AA to  319E of the Immigration Rules Part 8: Family Members Home Office, UK Government. Published on 29 February 2016 Updated on 02 May 2017.

Spouse, Partners of PBS Tier 1, Tier 2, Tier 4, Tier 5 Migrants

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The Paragraphs 319AA, 319A, 319B, 319C, 319D, 319E explains the Meaning of Relevant PBS Migrant, Purpose, Entry to the UK, Requirements for Entry Clearance or Leave to Remain as Partner of a PBS MigrantPeriod and Conditions of Grant as Partners of PBS Migrants, and  Requirements for ILR in the UK as Partner of PBS Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.

Meaning of Relevant Points-Based System Migrants

Paragraph 319AA of the Immigration Rules Part 8: Family Members explains the Meaning of the Relevant Points Based (PBS) Migrant i.e. a migrant granted leave as Tier 1, Tier 2, Tier 4 and Tier 5 Migrant.

319AA. In paragraphs 319A to 319K and Appendix E, ‘Relevant Points Based System Migrantmeans a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.

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Purpose of the Route- Partners of Relevant PBS Migrants

Paragraph 319A of the Immigration Rules Part 8: Family Members explains the Purpose of the Route i.e. Partners of Relevant PBS Migrants. A Partner means a spouse, civil partner, unmarried or same-sex partner.

319A. Purpose

This route is for the spouse, civil partner, unmarried or same-sex partner of a Relevant Points Based System Migrant (Partner of a Relevant Points Based System Migrant). Paragraphs 277 to 280 of these Rules apply to spouses or civil partners of Relevant Points Based System Migrant; paragraph 277 of these Rules applies to civil partners of Relevant Points Based System Migrant, and paragraph 295AA of these Rules applies to unmarried and same-sex partners of Relevant Points Based System Migrant.

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Entry to the UK- Partner of a Relevant PBS Migrant

Paragraph 319B of the Immigration Rules Part 8: Family Members explains that Partner of a Relevant Points Based System Migrant needs to have a valid entry clearance for entry (in the UK) and without a valid entry clearance the entry of the Partner of PBS Migrant will be refused.

319B. Entry to the UK

(a) Subject to paragraph (b), all migrants wishing to enter as the Partner of a Relevant Points Based System Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.

(b) A Migrant arriving in the UK and wishing to enter as a partner of a Tier 5 (Temporary Worker) Migrant, who does not have a valid entry clearance will not be refused entry if the following conditions are met:

(i) the migrant wishing to enter as partner is not a visa national,

(ii) the migrant wishing to enter as a Partner is accompanying an applicant who at the same time is being granted leave to enter under paragraph 245ZN(b), and (iii) the migrant wishing to enter as a Partner meets the requirements of entry clearance in paragraph 319C.

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Requirements as Spouse, Partners of PBS Tier 1, 2, 4, 5 Migrants

Paragraph 319C of the Immigration Rules Part 8: Family Members explains the details of the requirements for Entry Clearance or Leave to Remain as the Partner of a Relevant Points Based System Migrant.

319C. Requirements for Entry Clearance or Leave to Remain

To qualify for entry clearance or leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.

(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:

(i) has valid leave to enter or remain as a Relevant Points Based System Migrant, or

(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant, or

(iii) has indefinite leave to remain as a Relevant Points Based System Migrant, or is at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, where the applicant is applying for further leave to remain, or has been refused indefinite leave to remain solely because the applicant has not met the requirements of paragraph 319E(g), and was last granted leave:

  1. as the partner of that same Relevant Points Based System Migrant: or
  2. as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules; or

(iv) has become a British Citizen where prior to that they held indefinite leave to Remain as a Relevant Points Based System Migrant and where the applicant is applying for further leave to remain, or has been refused indefinite leave to reamin solely because the application has not met the requirements of paragraph 319E(g), and was last granted leave:

  1. as the partner of that same Relevant Points Based System Migrant, or
  2. as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules.

(c) An applicant who is the unmarried or same-sex partner of a Relevant Points Based System Migrant must also meet the following requirements:

(i) any previous marriage or civil partnership or similar relationship by the applicant or the Relevant Points Based System Migrant with another person must have permanently broken down,

(ii) the applicant and the Relevant Points Based System Migrant must not be so closely related that they would be prohibited from marrying each other in the UK, and

(iii) the applicant and the Relevant Points Based System Migrant must have been living together in a relationship similar to marriage or civil partnership for a period of at least 2 years.

(d) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.

(e) The applicant and the Relevant Points Based System Migrant must intend to live with the other as their spouse or civil partner, unmarried or same-sex partner throughout the applicants stay in the UK.

(f) The applicant must not intend to stay in the UK beyond any period of leave granted to the Relevant Points Based System Migrant.

(g) Unless the Relevant Points Based System Migrant is a Tier 1 (Investor) Migrant or a Tier 1 (Exceptional Talent) Migrant, there must be a sufficient level of funds available to the applicant, as set out in Appendix E.

(h) An applicant who is applying for leave to remain must not have last been granted:

(i) entry clearance or leave as a:

(a) visitor, including where they entered the United Kingdom from the Republic of Ireland to stay under the terms of articles 3A and 4 of the Immigration (Control of Entry through the Republic of Ireland) Order 1972 (as amended by the Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014) on the basis of a visa issued by the Republic of Ireland authorities endorsed with the letters “BIVS” for the purpose of travelling and staying in the Republic for a period of 90 days or fewer; or

(b) short-term student or short-term student (child); or

(c) parent of a Tier 4 (child) student

unless the Relevant Points Based System Migrant has, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory on the basis of having met the requirement at paragraph 245ZQ(b)(ii);

(ii) temporary admission; or

(iii) temporary release.

(i) Where the relevant Points Based System Migrant is applying for, or has been granted, entry clearance, leave to enter, or leave to remain in the United Kingdom as a Tier 4 (General) Student either:

(i) the relevant Points Based System Migrant must be a government sponsored student who is applying for, or who has been granted, entry clearance or leave to remain to undertake a course of study longer than six months;

(ii) the relevant Points Based System Migrant must:

  1. be applying for, or have been granted entry clearance or leave to remain in order to undertake a course of study at post-graduate level that is 12 months or longer in duration; and
  2. be sponsored by a sponsor who is a UK recognised body or a body in receipt of funding as a higher education institution from either:

(a) the Department for Employment and Learning in Northern Ireland;

(b) the Higher Education Funding Council for England;

(c) the Higher Education Funding Council for Wales; or

(d) the Scottish Funding Council;

(iii) the relevant Points Based System Migrant must be applying for, or have been granted leave to remain as a Tier 4 (General) Student on the doctorate extension scheme; or

(iv) the following conditions must be met:

  1. the relevant Points Based System Migrant must be applying for entry clearance, leave to enter, or leave to remain, to undertake a course of study that is longer than six months and either:

(a) have entry clearance, leave to enter, or leave to remain as a Tier 4 (General) Student or as a student to undertake a course of study longer than six months; or

(b) have last had entry clearance, leave to enter, or leave to remain within the three months preceding the application as a Tier 4 (General) Student or as a student to undertake a course of study longer than six months; and

(1) the Partner must either:

(a) have entry clearance, leave to enter, or leave to remain as the Partner of a Tier 4 (General) Student or a student with entry clearance, leave to enter, or leave to remain, to undertake a course of study longer than six months; or

(b) have last had entry clearance, leave to enter, or leave to remain within the three months preceding the application as the Partner of a Tier 4 (General) Student or as a student to undertake a course of study longer than six months; and

(2) the relevant Points Based System Migrant and the Partner must be applying at the same time.

(j) 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.

(k) Where the applicant is 18 years of age or older and seeking entry clearance as the partner of a person specified below, the applicant must provide either an original or scanned copy of a criminal record certificate from the relevant authority in any country in which they have been resident for 12 months (whether continuously or in total) or more in the past 10 years, while aged 18 or over. This requirement does not need to be met where the Secretary of State is satisfied, by way of an explanation provided in or with the application, that it is not reasonably practicable for the applicant to obtain a certificate from the relevant authority.

(1) For the purposes of sub-paragraph (k), a specified person is a person who is seeking, or has been granted, entry clearance or leave to remain as a:

(a) Tier 1 (Entrepreneur) Migrant,

(b) Tier 1 (Investor) Migrant,

(c) Tier 2 (General) Migrant, and the job that the Certificate of Sponsorship Checking Service entry records that they are being sponsored to do is in one of the occupation codes listed below:

1181 – Health services and public health managers and directors

1184 – Social services managers and directors

2211 – Medical practitioners

2212 – Psychologists

2213 – Pharmacists

2214 – Ophthalmic opticians

2215 – Dental practitioners

2217 – Medical radiographers

2218 – Podiatrists

2219 – Health professionals not elsewhere classified

2221 – Physiotherapists

2222 – Occupational therapists

2223 – Speech and language therapists

2229 – Therapy professionals not elsewhere classified

2231 – Nurses

2232 – Midwives

2312 – Further education teaching professionals

2314 – Secondary education teaching professionals

2315 – Primary and nursery education teaching professionals

2316 – Special needs education teaching professionals

2317 – Senior professionals of educational establishments

2318 – Education advisers and school inspectors

2319 – Teaching and other educational professionals not elsewhere classified

2442 – Social workers

2443 – Probation officers

2449 – Welfare professionals not elsewhere classified.

(m) If the applicant has failed to provide a criminal record certificate or an explanation in accordance with sub-paragraph (k), the decision maker may contact the applicant or his representative in writing, and request the certificate(s) or explanation. The requested certificate(s) or explanation must be received at the address specified in the request within 28 calendar days of the date of the request.

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Period and Conditions of Grant as Partners of PBS Migrants

Paragraph 319D of the Immigration Rules Part 8: Family Members explains the details of the Period and Conditions of Grants for Entry Clearance, Limited Leave to Remain, Indefinite Leave to Remain as the Partner of a Relevant Points Based System Migrant. Moreover, it further explains, if the Relevant Points-Based System has become a British Citizen then a leave to remain to the Partner/Applicant will be granted for three (3) years.

319D. Period and Conditions of Grant

(a) (i) Entry clearance or limited leave to remain will be granted for a period which expires on the same day as the leave granted to the Relevant Points Based System Migrant, or (ii) If the Relevant Points-Based System Migrant has indefinite leave to remain as a Relevant Points Based System Migrant, or is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or where the Relevant Points-Based System Migrant has since become a British Citizen, leave to remain will be granted to the applicant for a period of 3 years.

(b) Entry clearance and leave to remain under this route will be subject to the following conditions:

(i) no recourse to public funds,

(ii) registration with the police, if this is required under paragraph 326 of these Rules,

(iii) no Employment as a Doctor or Dentist in Training, unless the applicant:

(1) has obtained a primary degree in medicine or dentistry at bachelor’s level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System, and provides evidence of this degree; or

(2) is applying for leave to remain and has, or has last been granted, entry clearance, leave to enter or leave to remain that was not subject to any condition restricting him from taking employment as a Doctor in Training, has been employed during that leave as a Doctor in Training, and provides a letter from the Postgraduate Deanery or NHS Trust employing them which confirms that they have been working in a post or programme that has been approved by the General Medical Council as a training programme or post; or

(3) is applying for leave to remain and has, or has last been granted, entry clearance, leave to enter or leave to remain that was not subject to any condition restricting him from taking employment as a Dentist in Training, has been employed during that leave as a Dentist in Training, and provides a letter from the Postgraduate Deanery or NHS Trust employing them which confirms that they have been working in a post or programme that has been approved by the Joint Committee for Postgraduate Training in Dentistry as a training programme or post.

(iv) if the Relevant Points Based System Migrant is a Tier 4 (General) Student and the Partner meets the requirements of paragraphs 319C(i)(iv)(1),(2) and (3) and:

(1) the Relevant Points Based System Migrant is a Tier 4 (General) Student applying for leave for less than 12 months, no employment, or

(2) the Relevant Points Based System Migrant is a Tier 4 (General) Student who is following a course of below degree level study, no employment.

(v) no employment as a professional sportsperson (including as a sports coach),

(vi) study subject to the condition set out in Part 15 of these Rules where the applicant is 18 years of age or over at the time their leave is granted or will be aged 18 before their period of limited leave expires.

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Requirements for ILR in the UK- Partner of PBS Migrant

Paragraph 319E of the Immigration Rules Part 8: Family Members explains the details of the requirements for an Indefinite Leave to Remain (ILR) as the Partner of a Relevant Points Based System (PBS) Migrant.

319E. Requirements for Indefinite Leave to Remain

To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:

(i) has indefinite leave to remain as a Relevant Points Based System Migrant; or

(ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or

(iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant.

(c) The applicant must have, or have last been granted, leave as the partner of the Relevant Points Based System Migrant who:

(i) has indefinite leave to remain as a Relevant Points Based System Migrant; or

(ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or

(iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant.

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):

(i) If the applicant was granted leave as:

(a) the Partner of that Relevant Points Based System Migrant, or

(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules

under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years

(ii) If (i) does not apply, the specified period is a continuous period of 5 years, during which the applicant must:

(a) have been in a relationship with the same Relevant Points Based System Migrant for this entire period,

(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e), and

(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules.

(e) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.

(f) The applicant and the Relevant Points Based System Migrant must intend to live permanently with the other as their spouse or civil partner, unmarried or same-sex partner.

(g) The applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.

(h) DELETED

(i) 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.

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Related:  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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