The following Immigration guidance note Produced in partnership with Jo Renshaw of Turpin & Miller LLP provides comprehensive and up to date legal information covering:
This Practice Note sets out the requirements for applications for indefinite leave to remain (ILR) under Part 8 of the Immigration Rules as the spouse, civil partner, unmarried or same-sex partner of a British citizen or settled person (including former refugees and those who have been granted humanitarian protection).
The table below provides a quick reference point and summary of the requirements, but further guidance can be found in the Practice Notes: Adequate maintenance, Adequate accommodation and Partners: the relationship requirements.
There is extensive Home Office guidance on Part 8 applications available in the Immigration Directorate Instructions (IDIs).
It should be noted that the guidance on ‘genuine and subsisting relationships’ as set out in the relevant Appendix FM IDI (Section 2.0) applies in full to applications under Part 8.
See Practice Note: Partners applying for leave to remain: procedure for details on the relevant application procedure.
Only those who were last granted leave under the following paras of the Immigration Rules can apply for ILR as partners under Part 8:
paras 281‒286 (spouses or civil partners)
paras 295AA‒295F (unmarried and same-sex partners)
paras 319L‒319O (partners of former refugees, and those who were granted humanitarian protection and who have since become British citizens or have settled status)
For those whose last leave was granted under these provisions, an application for
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