Partners of Points-Based System and Appendix W migrants
Partners of Points-Based System and Appendix W migrants

The following Immigration guidance note provides comprehensive and up to date legal information covering:

  • Partners of Points-Based System and Appendix W migrants
  • General eligibility criteria
  • Entry clearance requirement
  • Additional criteria for unmarried and same-sex partners
  • Additional criteria for leave to remain applications
  • Overseas criminal record certificates—partners of Tier 1(Entrepreneur), Tier 1 (Investor) and Tier 2 (General) migrants applying for entry clearance
  • Additional criteria for partners of Tier 4 (General) students
  • Option 1
  • Option 2
  • Option 3
  • more

The partner of a ‘relevant Points-Based System migrant’ (relevant PBS migrant), or of an Appendix W migrant, is able to accompany or join the main applicant in the UK and extend their stay in that capacity. Since 1 October 2013 it has been possible for a partner of a relevant PBS migrant, who is living in the UK in their own immigration category (eg as a Tier 4 (General) student) to apply in the UK for further leave to remain in this capacity (provided that certain conditions are met).

The following are classed as partners of relevant PBS or Appendix W migrants:

  1. spouses

  2. civil partners

  3. unmarried or same-sex partners who can evidence they have lived with their partner for two years immediately prior to the application

‘Relevant PBS migrants’ are defined as persons granted leave as:

  1. Tier 1

  2. Tier 2

  3. Tier 4 (General), and

  4. Tier 5 (Temporary Worker)

The Statement of changes in Immigration Rules: HC 1919 introduced, on the 29 March 2019, a new Appendix into the Immigration Rules: the Immigration Rules, Appendix W. At the same time, the existing Immigration Rules for partners of PBS migrants were extended to those of Appendix W migrants.

The partner of a Tier 4 (General) migrant will only be able to join or accompany the Tier 4 (General) migrant in more restricted circumstances than those that apply