Partners applying for limited leave under Part 8: eligibility table
Produced in partnership with Jo Renshaw of Turpin & Miller LLP
Partners applying for limited leave under Part 8: eligibility table

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 limited leave under Part 8: eligibility table
  • Who can apply under Part 8?
  • Eligibility table: limited leave to remain under Part 8
  • Grant of leave
  • Article 8 and best interests of a child considerations
  • Dependants

Who can apply under Part 8?

An application for further limited leave to remain as a spouse, civil partner, unmarried or same-sex partner can be made under the Immigration Rules, Part 8 by a person who has or, in certain circumstances, was last granted leave as a partner (including fiancé(e) or proposed civil partner) under Part 8. It is no longer possible to switch into any Part 8 category from another immigration category outside of Part 8 and all new partner applications must be made under the Immigration Rules, Appendix FM, Family life as a partner.

There will, therefore, be relatively few applicants making applications for further limited leave under Part 8. These will likely be confined mainly to those who already have limited leave under the Immigration Rules, Part 8, paras 284‒285 (spouses and civil partners) or the Immigration Rules, Part 8, paras 295D‒295E (unmarried and same-sex partners) but who cannot meet the requirements for indefinite leave to remain (ILR)—perhaps because their application would fall for refusal under the General Grounds for Refusal due to a previous criminal conviction, or because they do not meet the level of English now required under the Immigration Rules, Appendix KoLL.

If an applicant for ILR does not meet all of the relevant ILR eligibility requirements but does meet the requirements for further leave