The following Immigration guidance note provides comprehensive and up to date legal information covering:
This Practice Note considers the following key terms used in the Immigration Rules in relation to applications by partners applying under Part 8 and Appendix FM of the Immigration Rules:
prohibited degree of relationship
present and settled
intention to live together permanently in the UK
have met in person
genuine and subsisting relationship
any previous relationship must have broken down permanently
The Practice Note focuses on issues which are more frequently encountered by the business practitioner. It does not cover:
validity and recognition of marriages/civil partnerships
recognition of overseas divorces/civil partnership dissolutions
Comprehensive Home Office guidance on those issues can be found in the Immigration Directorate Instructions (IDIs), Chapter 8: Appendix FM (Family Members) at:
Annex FM 1.2, Forced marriage
Annex FM 1.3, Recognition of marriage and divorce
Annex FM 1.4, Polygamous and potentially polygamous marriage
Annex FM 1.5, Domicile
Annex FM 2.1, Eligibility, registration, dissolution & glossary of terms—civil partnerships
For detailed discussion of these issues and relevant case law, see Marriage and civil partnership issues concerning validity and recognition: Macdonald’s Immigration Law Practice [11.28]–[11.40] in further reading links.
There is also relevant guidance in the IDIs dealing with Part 8 applications.
In all partner applications submitted under Appendix FM, the applicant and the sponsor must not be in a 'prohibited degree of relationship'. This
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234