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

The following Immigration practice 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
  • Overseas civil partnerships recognised in the UK
  • Recognised marriages and divorces in the UK
  • Academic Technology Approval Scheme clearance certificate condition
  • More...

STOP PRESS NOTICE: This Practice Note is being updated to reflect changes to the Immigration Rules in relation to partners of Students from 5 October 2020, following HC 707; and then to partners of work migrants in other categories further to HC 813. For further information on these changes, see: LNB News 10/09/2020 99, LNB News 22/10/2020 80 and Practice Note: The post-Brexit immigration system: what will it look like?

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

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