Q&As

Do the Immigration Rules allow for an extension of stay or an application for indefinite leave to remain to be lodged overseas when applying as a spouse of a British Citizen (Appendix FM) if there are exceptional circumstances (eg medical complications)?

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Produced in partnership with Nicholas Nason of Edgewater Legal
Published on LexisPSL on 08/10/2019

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

  • Do the Immigration Rules allow for an extension of stay or an application for indefinite leave to remain to be lodged overseas when applying as a spouse of a British Citizen (Appendix FM) if there are exceptional circumstances (eg medical complications)?

Do the Immigration Rules allow for an extension of stay or an application for indefinite leave to remain to be lodged overseas when applying as a spouse of a British Citizen (Appendix FM) if there are exceptional circumstances (eg medical complications)?

The general rule in applications to either extend leave or indefinite leave to remain are that they are made from within the UK. This is confirmed, for example, in the Immigration Rules under Appendix FM, which is relevant for partners applying for indefinite leave to remain (ILR):

‘Section R-ILRP: Requirements for indefinite leave to remain (settlement) as a partner

R-ILRP.1.1. The requirements to be met for indefinite leave to remain as a partner are that—

(a) the applicant and their partner must be in the UK’

However, there is a provision within the Immigration Rules, Part 1, which allows a person to make an application to vary leave when they are outside of the UK:

‘33A. Where a person having left the common travel area, has leave to enter or remain in the United Kingdom which remains in force under article 13 of the Immigration (Leave to Enter and Remain) Order 2000, his leave may be varied including any condition to which it is subject in such form and manner as permitted for the giving of leave to enter. However, the Secretary of State is not obliged to consider

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