Partners applying for leave to remain: application procedure
Produced in partnership with Jo Renshaw of Turpin & Miller LLP
Partners applying for leave to remain: application procedure

The following Immigration guidance note Produced in partnership with Jo Renshaw of Turpin & Miller LLP provides comprehensive and up to date legal information covering:

  • Partners applying for leave to remain: application procedure
  • Which rules apply?
  • Timing factors
  • Applications for leave to remain by overstayers
  • GOV.UK information pages on family applications
  • Procedure for applying
  • Children
  • Duration and conditions of leave
  • Advice on grant of leave
  • Challenging refusals

This Practice Note outlines the key procedural requirements for an application for limited or indefinite leave to remain (ILR) as a spouse, civil partner or unmarried partner under either Appendix FM or Part 8 of the Immigration Rules. It also covers procedural matters relating to:

  1. applications for limited leave to remain by persons with current leave as a fiancé(e) or proposed civil partner under Appendix FM who have married/entered into a civil partnership and are now seeking leave as a spouse or civil partner

  2. applications for further leave as a fiancé(e) or proposed civil partner in the limited circumstances permitted under the Immigration Rules

The Practice Note does not cover the eligibility requirements under either Part 8 or Appendix FM. These are dealt with in detail in other Practice Notes in this topic.

The rules relating to applications by the children of those applying for leave to remain as a partner are contained in the Immigration Rules, Appendix FM, Family life as the child of a parent with limited leave as a partner or parent and in Immigration Rules, Part 8, paras 301 and 298. These rules and the relevant application procedures are considered in the Children topic in Lexis®PSL Immigration.

Which rules apply?

Whether an application is made under the Immigration Rules, Part 8 or Appendix FM does not, in