Q&As

A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have not been living at the same address in the UK since 2017 but are in a genuine relationship. What effect will this have on their extension application?

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Produced in partnership with Nick Nason of Edgewater Legal
Published on LexisPSL on 16/07/2020

The following Immigration Q&A Produced in partnership with Nick Nason of Edgewater Legal provides comprehensive and up to date legal information covering:

  • A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have not been living at the same address in the UK since 2017 but are in a genuine relationship. What effect will this have on their extension application?

Immigration Rules, Part 8, para 319C sets out the requirements for partners of Tier 2 (General) migrants when applying for leave to remain. These include that:

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

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

Note that, in relation to an extension of stay, this intention to live together requirement will also have been a requirement for their preceding application for leave to remain/entry clearance in the category.

The Home Office Policy guidance (version 02/2020) in relation to PBS Dependants states (under the heading ‘Additional evidential requirement for dependants of Main Applicants whose last grant of leave was not in this capacity’) that:

‘…63. If you are applying as a family member of a PBS migrant or Appendix W Worker and your last grant of leave was not as their dependant or you are a child born in the UK, y

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