Spouses 277-289
Victims of domestic violence 289A-289C
Fiance(e)s 290-295
Unmarried partners 295AA-295O
Children 296-316
Parents, grandparents and other dependent relatives 317-319
.....................................................................................................................
SECTION 1 - SPOUSES AND CIVIL
PARTNERS
277. Nothing in these Rules shall be construed as permitting
a person to be granted entry clearance, leave to enter, leave
to remain or variation of leave as a spouse or civil partner
of another if either the applicant or the sponsor will be
aged under 18 on the date of arrival in the United Kingdom
or (as the case may be) on the date on which the leave to
remain or variation of leave would be granted.
278. Nothing in these Rules shall be construed as allowing
a person to be granted entry clearance, leave to enter, leave
to remain or variation of leave as the spouse of a man or
woman (the sponsor) if:
(i) his or her marriage or civil partnership to the sponsor
is polygamous; and
(ii) there is another person living who is the husband or
wife of the sponsor and who:
(a) is, or at any time since his or her marriage or civil
partnership to the sponsor has been, in the United Kingdom;
or
(b) has been granted a certificate of entitlement in respect
of the right of abode mentioned in Section 2(1)(a) of the
Immigration Act 1988 or an entry clearance to enter the United
Kingdom as the husband or wife of the sponsor.
For the purpose of this paragraph
a marriage or civil partnership may be polygamous although
at its inception neither party had any other spouse or civil
partner.
279. Paragraph 278 does not apply to any person who seeks
entry clearance, leave to enter, leave to remain or variation
of leave where:
(i) he or she has been in the United Kingdom before 1 August
1988 having been admitted for the purpose of settlement as
the husband or wife of the sponsor; or
(ii) he or she has, since their marriage or civil partnership
to the sponsor, been in the United Kingdom at any time when
there was no such other spouse or civil partner living as
is mentioned in paragraph 278 (ii).
But where a person claims that paragraph 278 does not apply
to them because they have been in the United Kingdom in circumstances
which cause them to fall within sub paragraphs (i) or (ii)
of that paragraph it shall be for them to prove that fact.
280. For the purposes of paragraphs 278 and 279 the presence
of any wife or husband in the United Kingdom in any of the
following circumstances shall be disregarded:
(i) as a visitor; or
(ii) an illegal entrant; or
(iii) in circumstances whereby a person is deemed by Section
11(1) of the Immigration Act 1971 not to have entered the
United Kingdom.
SPOUSES OR CIVIL PARTNERS OF PERSONS PRESENT AND SETTLED
IN THE UNITED KINGDOM OR BEING ADMITTED ON THE SAME OCCASION
FOR SETTLEMENT
Requirements for leave to enter
the United Kingdom with a view to settlement as the spouse
or civil partner of a person present and settled in the United
Kingdom or being admitted on the same occasion for settlement
281. The requirements to be met by a person seeking leave
to enter the United Kingdom with a view to settlement as the
spouse or civil partner of a person present and settled in
the United Kingdom or who is on the same occasion being admitted
for settlement are that:
(i) (a) the applicant is married to or the civil partner
of a person present and settled in the United Kingdom or who
is on the same occasion being admitted for settlement; or
(b) the applicant is married or the civil partner of to 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 were married or
formed a civil partnership at least 4 years ago, since which
time they have been living together outside the United Kingdom;
and
(ii) the parties to the marriage have met; and
(iii) each of the parties intends to live permanently with
the other as his or her spouse and the marriage is subsisting;
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 holds a valid United Kingdom entry clearance
for entry in this capacity.
For the purposes of this paragraph and paragraphs 282-289
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.
Leave to enter as the spouse
or civil partner of a person present and settled in the United
Kingdom or being admitted for settlement on the same occasion
282. A person seeking leave to enter the United Kingdom as
the spouse or civil partner of a person present and settled
in the United Kingdom or who is on the same occasion being
admitted for settlement may, in the case of a person within
paragraph 281(I)(a), be admitted for an initial period not
exceeding 2 years or, in the case of a person within paragraph
281(I)(b), indefinite leave to enter may be granted provided
a valid United Kingdom entry clearance for entry in the appropriate
capacity is produced to the Immigration Officer on arrival.
Refusal of leave to enter as
the spouse or civil partner of a person present and settled
in the United Kingdom or being admitted on the same occasion
for settlement
283. Leave to enter the United Kingdom as the spouse or civil
partner of a person present and settled in the United Kingdom
or who is on the same occasion being admitted for settlement
is to be refused if a valid United Kingdom entry clearance
for entry in this capacity is not produced to the Immigration
Officer on arrival.
Requirements for an extension
of stay as the spouse or civil partner of a person present
and settled in the United Kingdom
284. The requirements for an extension of stay as the spouse
of a person present and settled in the United Kingdom are
that:
(i) the applicant has limited leave to enter or remain in
the United Kingdom which was given in accordance with any
of the provisions of these Rules, other than where 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 on this occasion in accordance with these
Rules, unless the leave in question is limited leave to enter
as a fiancé; and
(ii) is married to or the civil partner of a person present
and settled in the United Kingdom; and
(iii) the parties to the marriage have met; and
(iv) the applicant has not remained in breach of the immigration
laws; and
(v) the marriage has not taken place after a decision has
been made to deport the applicant or he has been recommended
for deportation or been given notice under Section 6(2) of
the Immigration Act 1971; and
(vi) each of the parties intends to live permanently with
the other as his or her spouse and the marriage is subsisting;
and
(vii) 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
(viii) the parties will be able to maintain themselves and
any dependants adequately without recourse to public funds.
Extension of stay as the spouse
or civil partner of a person present and settled in the United
Kingdom
285. An extension of stay as the spouse or civil 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 the Secretary of State is satisfied that each of
the requirements of paragraph 284 is met.
Refusal of extension of stay
as the spouse or civil partner of a person present and settled
in the United Kingdom
286. An extension of stay as 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 284 is met.
Requirements for indefinite
leave to remain for the spouse or civil partner of a person
present and settled in the United Kingdom
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 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 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
2 year period married or formed a civil partnership 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; and
(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 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.
(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 or
given an extension of stay for a period of 2 years as the
spouse 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 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 2 year period married or formed
a civil partnership 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 2 year 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
was subsisting at the time of the death.
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.
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.
Refusal of indefinite leave
to remain in the United Kingdom as the victim of domestic
violence
289A. The requirements to be met by a person who is the victim
of domestic violence and who is seeking indefinite leave to
remain in the United Kingdom are that the applicant:
(i) was admitted to the United Kingdom or given an extension
of stay for a period of 2 years as the spouse or civil partner
of a person present and settled here; or
(ii) was admitted to the United Kingdom 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 here; and
(iii) the relationship with their spouse or civil partner
or unmarried partner or same-sex partner , as appropriate,
was subsisting at the beginning of the relevant period of
leave or extension of stay referred to in (I) or (ii) above;
and
(iv) is able to produce such evidence as may be required
by the Secretary of State to establish that the relationship
was caused to permanently break down before the end of that
period as a result of domestic violence.
Indefinite leave to remain as
the victim of domestic violence
289B. Indefinite leave to remain as the victim of domestic
violence may be granted provided the Secretary of State is
satisfied that each of the requirements of paragraph 289A
is met.
Refusal of indefinite leave
to remain as the victim of domestic violence
289C. Indefinite leave to remain as the victim of domestic
violence is to be refused if the Secretary of State is not
satisfied that each of the requirements of paragraph 289A
is met.
FIANCÉ(E)S AND PROPOSED CIVIL PARTNERS
289AA. Nothing in these Rules shall be construed as permitting
a person to be granted entry clearance, leave to enter or
variation of leave as a fiancé(e) or proposed civil
partner if either the applicant or the sponsor will 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.
Requirements for leave to enter
the United Kingdom as a fiancé(e) or proposed civil
partner (ie with a view to marriage and permanent settlement
in the United Kingdom)
290. The requirements to be met by a person seeking leave
to enter the United Kingdom as a fiancé(e) or proposed
civil partner are that:
(i) the applicant is seeking leave to enter the United Kingdom
for marriage or civil partnership to a person present and
settled in the United Kingdom or who is on the same occasion
being admitted for settlement; and
(ii) the parties to the proposed marriage or civil partnership
have met; and
(iii) each of the parties intends to live permanently with
the other as his or her spouse or civil partner after the
marriage or civil partnership ; and
(iv) adequate maintenance and accommodation without recourse
to public funds will be available for the applicant until
the date of the marriage or civil partnership ; and
(v) there will, after the marriage or civil partnership,
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 after the marriage or civil
partnership to maintain themselves and any dependants adequately
without recourse to public funds; and
(vii) the applicant holds a valid United Kingdom entry clearance
for entry in this capacity.
290A. For the purposes of paragraph 290 and paragraphs 291-295,
an EEA national who, under either the Immigration (European
Economic Area) Order 1994 or the 2000 EEA Regulations, has
been issued with a residence permit valid for 5 years is to
be regarded as present and settled in the United Kingdom even
if that EEA national has not been granted permission to remain
in the United Kingdom indefinitely.
Leave to enter as a fiancé(e) or proposed civil partner
291. A person seeking leave to enter the United Kingdom as
a fiancé(e) or proposed civil partner may be admitted,
with a prohibition on employment, for a period not exceeding
6 months to enable the marriage to take place provided a valid
United Kingdom entry clearance for entry in this capacity
is produced to the Immigration Officer on arrival.
Refusal of leave to enter as
a fiancé(e) or proposed civil partner
292. Leave to enter the United Kingdom as a fiancé(e)
or proposed civil partner is to be refused if a valid United
Kingdom entry clearance for entry in this capacity is not
produced to the Immigration Officer on arrival.
Requirements for an extension
of stay as a fiancé(e) or proposed civil partner
293. The requirements for an extension of stay as a fiancé(e)
or proposed civil partner are that:
(i) the applicant was admitted to the United Kingdom with
a valid United Kingdom entry clearance as a fiancé(e)
or proposed civil partner; and
(ii) good cause is shown why the marriage or civil partnership
did not take place within the initial period of leave granted
under paragraph 291; and
(iii) here is satisfactory evidence that the marriage or
civil partnership will take place at an early date; and
(iv) he requirements of paragraph 290 (ii)-(vi) are met.
Extension of stay as a fiancé(e)
or proposed civil partner
294. An extension of stay as a fiancé(e) or proposed
civil partner may be granted for an appropriate period with
a prohibition on employment to enable the marriage or civil
partnership to take place provided the Secretary of State
is satisfied that each of the requirements of paragraph 293
is met.
Refusal of extension of stay
as a fiancé(e) or proposed civil partner
295. An extension of stay is to be refused if the Secretary
of State is not satisfied that each of the requirements of
paragraph 293 is met.
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 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.
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) 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 which has subsisted for two years or more; or
(b) 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
(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.
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.
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. 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 may or, in the case of a person within
paragraph 295A(I)(a), be granted for an initial period not
exceeding 2 years or, in the case of a person within paragraph
295A(I)(b), indefinite leave to enter may be granted provided
that a valid United Kingdom entry clearance for entry in the
appropriate capacity is produced to the Immigration Officer
on arrival.
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 a valid United
Kingdom entry clearance for entry in this capacity is not
produced to the Immigration Officer on arrival.
LEAVE TO REMAIN AS THE UNMARRIED OR SAME-SEX PARTNER OF A
PERSON PRESENT AND SETTLED IN THE UNITED KINGDOM
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 limited leave to remain in the United
Kingdom which was given in accordance with any of the provisions
of these Rules; 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 has not remained in breach of the immigration
laws; 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.
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.
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.
INDEFINITE LEAVE TO REMAIN AS THE UNMARRIED OR SAME-SEX PARTNER
OF A PERSON PRESENT AND SETTLED IN THE UNITED KINGDOM
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) the applicant was admitted to the United Kingdom 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 partner of a person present
and settled here; and
(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.
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.
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.
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 for 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
295J. The requirements to be met by a person seeking leave
to enter or remain as the unmarried partner of a person with
limited leave to enter or remain in the United Kingdom under
paragraphs 128-193; 200-239; or 263-270; are that:
(i) the applicant is the unmarried or same-sex partner of
a person who has limited leave to enter or remain in the United
Kingdom under paragraphs 128-193; 200-239; or 263-270; and
(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) the parties have been living together in a relationship
akin to marriage or civil partnership which has subsisted
for 2 years or more; and
(v) each of the parties intends to live with the other as
his partner during the applicant's stay; and
(vi) 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
(vii) the parties will be able to maintain themselves and
any dependants adequately without recourse to public funds;
and
(viii) the applicant does not intend to stay in the United
Kingdom beyond any period of leave granted to his partner;
and
(ix) if seeking leave to enter, the applicant holds a valid
United Kingdom entry clearance for entry in this capacity
or, if seeking leave to remain, was admitted with a valid
United Kingdom entry clearance for entry in this capacity.
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
295K. Leave to enter 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; may
be granted provided that a valid United Kingdom entry clearance
for entry in this capacity is produced to the Immigration
Officer on arrival. Leave to remain as the unmarried partner
or same-sex of a person with limited leave to enter or remain
in the United Kingdom under paragraphs 128-193; 200-239; or
263-270; may be granted provided that the Secretary of State
is satisfied that each of the requirements of paragraph 295J
is met.
Refusal of 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
295L. Leave to enter 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; is
to be refused if a valid United Kingdom entry clearance for
entry in this capacity is not produced to the Immigration
Officer on arrival. Leave to 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; is to be refused if the Secretary of State is not
satisfied that each of the requirements of paragraph 295J
is met.
INDEFINITE LEAVE TO REMAIN FOR THE BEREAVED UNMARRIED OR
SAME-SEX PARTNER OF A PERSON PRESENT AND SETTLED IN THE UNITED
KINGDOM
Requirements for indefinite
leave to remain for the bereaved unmarried or same-sex partner
of a person present and settled in the United Kingdom
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 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 2 year period;
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.
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.
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. | 
