This Practice Note outlines the key procedural requirements for an application for limited or indefinite leave to remain/settlement as a spouse, civil partner or unmarried partner under Appendix FM, Appendix Settlement Family Life (for those who are applying for indefinite leave to remain who are on the ten-year route to settlement), or Part 8 of the Immigration Rules. It also covers procedural matters relating to: • applications for limited leave to remain by persons with current leave as a fiancé(e) or proposed civil partner under Appendix FM who have married/entered into a civil partnership and are now seeking leave as a spouse or civil partner • applications for further leave as a fiancé(e) or proposed civil partner in the limited circumstances permitted under the Immigration Rules The Practice Note does not cover the eligibility requirements under Appendix FM, Appendix Settlement Family Life or Part 8. These are dealt with in detail in other Practice Notes in this topic. The rules relating to applications by the children of those applying

FORTHCOMING DEVELOPMENTS: On 4 December 2023, the previous Conservative Home Secretary, James Cleverly MP, announced a series of measures with the intention of reducing legal migration to the UK. The measures included, in relation to 'five-year route' Appendix FM applications, the increase of the standard required minimum income threshold from £18,600 to £29,000 for initial applications in Spring 2024. This rise was introduced via changes to the Immigration Rules, from 11 April 2024. There were then to be two additional rises in due course, but the new Labour Home Secretary Yvette Cooper MP commissioned the Migration Advisory Committee to review these financial requirements. Their report has been published and a new financial requirement is set to be announced later in 2025. For further information, see Practice Notes: Immigration—horizon scanner and 2026 Immigration tracker. Limited leave to remain as a partner How the category works This Practice Note sets out the requirements for an application for limited leave to remain as the fiancé(e), proposed civil partner, spouse, civil partner or unmarried

Who can apply under Part 8? An application for further limited leave to remain as a spouse, civil partner, unmarried or same-sex partner can be made under the Immigration Rules, Part 8 by a person who has or, in certain circumstances, was last granted leave as a partner (including fiancé(e) or proposed civil partner) under Part 8. It is no longer possible to switch into any Part 8 category from another immigration category outside of Part 8 and all new partner applications must be made under the Immigration Rules, Appendix FM, Family life as a partner. There will, therefore, be relatively few applicants making applications for further limited leave under Part 8. These will likely be confined mainly to those who already have limited leave under the Immigration Rules, Part 8, paras 284‒285 (spouses and civil partners) or the Immigration Rules, Part 8, paras 295D‒295E (unmarried and same-sex partners) but who cannot meet the requirements for indefinite leave to remain—perhaps because their application would fall for refusal under the

This Practice Note looks at key considerations in relation to applications by dependent partners of persons in work, investment and study routes. There is provision for dependent partners and children in the majority of these routes. The main exceptions are the Youth Mobility Scheme, which has no provision for dependants at all, and the Student, Graduate and Skilled Workers routes, which have certain restrictions. For the position in those routes, see Practice Notes: Applying under the Skilled Worker route — Dependants, Applying under the Graduate route and Student: eligibility — Dependants. Partners in this context means: • spouses • civil partners, and • unmarried partners who have been in a relationship similar to marriage or civil partnership for at least two years—this type of relationship is now termed a ‘durable relationship’ Prior to their simplification, the Rules covering dependent partners and children in these route were found in Part 8 of the Immigration Rules (for dependants of relevant Points-Based System migrants and Appendix W workers), or Part 5 (for dependants of persons

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

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 • forced marriages • 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. Prohibited degree of relationship In all partner applications submitted

A partnership (as defined) formed under the Partnership Act 1890 (PA 1890) and governed by English law is the 'relation that subsists between two or more persons carrying on business in common with a view of profit' and is also referred to as a ‘firm’.

This Partnership Agreement is made on [date] Parties 1 [Name of partner], of [address] 2 [Name of partner], of [address] 3 [Name of partner], of [address] 4 [Name of partner], of [address] BACKGROUND The Partners wish to engage in [insert nature of business or profession or trade] in partnership on the terms set out in this agreement. The parties agree: 1 Definitions and interpretation 1.1 In this agreement: Accountants • means [insert name of Partnership’s accountants] or such other firm of chartered accountants as are appointed to replace them in accordance with the provisions of this agreement; Accounting Date • means [insert day and month] in each year or such other date as may be determined in accordance with this agreement; Accounting Period • means each accounting period of the Partnership (whether of one year or more or less) ending on the Accounting Date and, in the case of the first Accounting Period, the period starting on the Commencement Date and ending on the Accounting Date in [insert year]; Business • means the business, profession or trade of [insert details of the Partnership business] and/or such other business, profession or trade to be carried on by the Partnership as is approved from time to time by[

Written agreement between the partners to a partnership'>general partnership setting out the rights and duties of the partners between themselves.

Insert new definition in clause 1.1 of Precedent: Partnership agreement Garden Leave • means any period during which the Management Committee exercises the rights under Clause 19. Insert new clause 19 in Precedent: Partnership agreement, and renumber the document as appropriate: 19 Garden Leave 19.1 At any time after a Partner has given notice to retire from the Partnership under clause 15, the Management Committee may in its absolute discretion for [all

This Partnership Agreement is made on [insert date] Parties 1 [insert name of partner], of [insert address of partner] 2 [insert name of partner], of [insert address of partner] Background The Partners wish to engage in [insert nature of business or profession or trade] in partnership on the terms set out in this agreement. The parties agree: 1 Definitions and interpretation 1.1 In this agreement, unless the context otherwise requires: Accountants • means [insert name of Partnership’s accountants] or such other firm of chartered accountants as are appointed to replace them in accordance with the provisions of this agreement; Accounting Date • means [insert day and month] in each year or such other date as may be determined in accordance with this agreement; Accounting Period • means each accounting period of the Partnership (whether of one year or more or less) ending on the Accounting Date and, in the case of the first Accounting Period, the period starting on the Commencement Date and ending on the Accounting Date in [insert year]; Business • means the business, profession or trade of [insert details of the Partnership business] and/or such other business, profession or trade to be carried on by the Partnership as is approved from time to time by

Agreements made under the National Health Service Act 2006, s 75 between PCTs, NHS trusts and local authorities that enable the parties to work together to deliver health-related services such as social services, housing, transport, leisure and library services, community and many acute services. Under the statutory framework, money can be pooled between health bodies and health-related local authority services, functions can be delegated and resources and management structures can be integrated. In Wales they are established under the National Health Service (Wales) Act 2006, s 33.