Q&As

Can a dependant partner of a Tier 2 (Intra-Company Transfer) visa holder apply for indefinite leave to remain after five years of continuous residence in the UK?

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Published on LexisPSL on 20/12/2019

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • Can a dependant partner of a Tier 2 (Intra-Company Transfer) visa holder apply for indefinite leave to remain after five years of continuous residence in the UK?

The Immigration Rules, Part 8, para 319E permit a dependant partner of relevant PBS migrant or Appendix W worker (the main applicant) to apply for indefinite leave to remain (ILR) in certain circumstances. Partners in this context are spouses, civil partners and unmarried or same-sex partners who can evidence they have lived with their partner for two years immediately prior to the application.

The definition of a relevant a PBS migrant or Appendix W worker is defined in the Immigration Rules, Part 8, para 319AA. The definition includes someone with leave as a Tier 2 (Intra-Company Transfer) (ICT) migrant. However, the requirements in the Immigration Rules, Part 8, para 319E(b)–(c) state:

‘ … (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 Appendix W Worker; or

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

(i

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