Innovator
· Self employed lawyer
· Writer, Composer or Artist
Relevant Immigration Rule:
Paragraph 319E of the Immigration Rules provides that applicants meet the following requirements in order to qualify for indefinite leave to remain:
(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 is, at the same time, being granted 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 is being granted indefinite leave to remain.
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.
(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 must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is aged 65 or over at the time this application is made.
Applicants who were not initially dependents on their partner’s visa (i.e. work permit) but who later becomes a dependent can also potentially be eligible to apply for indefinite leave to remain at the same time as their partner provided they have resided in the UK with their partner lawfully for a minimum duration of two years.
Dependant partners and children under 18 may apply with the main applicant on the same form (SET (O)). If applied separately, they will have to pay a separate fee.
For further information on how to apply or to discuss whether you are eligible, please contact one of our lawyers on 0207 569 3035 or alternatively email us at info@ergensharif.co.uk .