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:

1. •

   prohibited degree of relationship

2. •

   present and settled

3. •

   intention to live together permanently in the UK

4. •

   have met in person

5. •

   genuine and subsisting relationship

6. •

   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:

1. •

   validity and recognition of marriages/civil partnerships

2. •

   recognition of overseas divorces/civil partnership dissolutions

3. •

   forced marriages

4. •

   polygamous marriages

Comprehensive Home Office guidance on those issues can be found in the relevant Home Office guidance.

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 [11.23]–[11.38] in further reading links.

There is also relevant guidance in the Immigration Directorate Instructions dealing with Part 8 applications.