Q&As

Might a single absence from the UK of 14 months during the qualifying period (spent completing study abroad) be problematic in an application for indefinite leave to remain by the partner of a points-based system migrant? This relates to the requirement to have continuously cohabited with their partner in the UK for the requisite period. It does not refer to leave granted under the Immigration Rules in force on or after 11 January 2018.

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Produced in partnership with Gillian McCall of Richmond Chambers
Published on LexisPSL on 04/04/2018

The following Immigration Q&A produced in partnership with Gillian McCall of Richmond Chambers provides comprehensive and up to date legal information covering:

  • Might a single absence from the UK of 14 months during the qualifying period (spent completing study abroad) be problematic in an application for indefinite leave to remain by the partner of a points-based system migrant? This relates to the requirement to have continuously cohabited with their partner in the UK for the requisite period. It does not refer to leave granted under the Immigration Rules in force on or after 11 January 2018.
  • Conclusion

The requirements for indefinite leave to remain as a partner of a points-based system (PBS) migrant are contained in paragraph 319E, Part 8 of the Immigration Rules. Immigration Rules, Part 8, para 319E(d) states that:

‘The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the applicable specified period in either (i) or (ii), subject to (iii)143…’

The relevant time periods are two years, when the applicant’s leave as a partner of the person who became the PBS migrant began before 9 July 2012 and they have held leave continuously since, or ‘a continuous period of five years’ in all other cases.

For periods of leave granted under the Rules in force on or after 11 January 2018, PBS dependant partners must not be absent from the UK for any more than 180 days during any 12-month period. This followed changes made in Statement of Changes in Immigration Rules: HC 309 (see Practice Note: Statement of Changes in Immigration Rules, HC 309—analysis—Part 5 and PBS categories that lead to settlement). If the period of 14 months spent outside of the UK were to fall during a period of leave granted on or after 11 January 2018, the dependant would have to

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