Partners: the English-language requirement

Produced in partnership with Jo Renshaw of Turpin Miller
Practice notes

Partners: the English-language requirement

Produced in partnership with Jo Renshaw of Turpin Miller

Practice notes
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All overseas and in-country applicant partners seeking initial leave as a partner (including as a fiancé(e) or proposed civil partner) under Appendix FM must provide prescribed evidence that they either meet or are exempt from the English-language requirement. The only exceptions are where they are applying for Leave to remain in the UK and fall within the exceptions set out in the Immigration Rules, Appendix FM, para EX.1, or, where they are applying either for entry clearance or leave to remain, under the residual cases ‘Exceptional circumstances’ provisions found in the Immigration Rules, Appendix FM, para GEN.3.2. Paras EX.1 and GEN.3.2 are two arms of the ten-year route to settlement.

Persons who obtained initial leave as a partner under Part 8 (as they applied on or before 8 July 2012) and who are seeking to extend their stay under Part 8 will have to provide evidence that they meet the relevant English-language requirement. This is the case whether or not they met an English-language requirement in their previous application. The English-language requirement in Part 8 largely mirrors

Jo Renshaw
Jo Renshaw

Jo has practised exclusively in Immigration law since qualification in 1993. She is qualified to practice in both Australia and the United Kingdom and has worked as an immigration solicitor for many years in both jurisdictions.

She joined Turpin and Miller Solicitors in 2005, becoming a Partner in 2008. She has been head of the firm's large Immigration Team since 2007. She has worked as a Peer Reviewer in the Immigration category and is one of only a small number of Immigration practitioners accredited by the Law Society at Advanced Level.

Jo's practice is broad based and covers all aspects of immigration and asylum law. She is a member of the firm's specialist Skilled Migration Team and has a particular interest in Points Based matters. Throughout her career she has also had a keen interest in Asylum work, heading the Refugee Advice Service at a national level in Australia prior to returning to the UK. She has maintained this expertise at Turpin and Miller, acts as external legal advisor to an asylum charity based in Southampton and gives training on all aspects of asylum law to charities, social services departments and other voluntary bodies.

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Jurisdiction(s):
United Kingdom
Key definition:
Appendix FM definition
What does Appendix FM mean?

An appendix within the rules'>Immigration Rules providing a route for applications based on family life, made on or after 9 July 2012. The provision caters for applications made as a partner, bereaved partner, victim of domestic abuse, child, parent, adult dependant relatives and those with exceptional circumstances.

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