Changes:Partners of Relevant Points Based System Migrants and Appendix W Workers
319AA. In paragraphs A277A to 319K, Appendix C and Appendix E:
(a) ‘Relevant Points Based System Migrant’ means a migrant granted leave as a Tier 1 Migrant, a Tier 2 Migrant, or a Tier 5 (Temporary Worker) Migrant with leave in one of the following subcategories:
(i) Tier 5 (Temporary Worker) Creative and Sporting
(ii) Tier 5 (Temporary Worker) Charity Worker
(iii) Tier 5 (Temporary Worker) Government Authorised Exchange
(iv) Tier 5 (Temporary Worker) International Agreement
(v) Tier 5 (Temporary Worker) Religious Worker.
(b) ‘Appendix W Worker’ means a migrant granted leave under Appendix W of these Rules.
Notes.8.2. In paragraph 319AA for (a) substitute:
“(a) Relevant Points Based System migrant means a T1 (Entrepreneur) or T1 (Investor)”.
8.3. Delete paragraph 319AA(b).
If a Skilled worker P holds ILR or is British and P’s partner didn’t have permission as P’s partner at that time when P was granted ILR, then
The Relationship requirement for a dependent partner of a Skilled Worker
fails.SW 29.1. The applicant must be the partner of a person (P) where one of the following applies:
(a) P has permission on the Skilled Worker route; or
(b) P is, at the same time, applying for (and is granted) entry clearance or permission on the Skilled Worker route; or
(c) P is settled or has become a British citizen, providing P had permission on the Skilled Worker route when they settled and the applicant had permission as P’s partner at that time.
They expect P’s partner to apply for permission under Appendix FM.
Similarly, If a Skilled worker P holds ILR or is British and P’s partner gives birth to a child outside the UK, then
Relationship requirement for a dependent child of a Skilled Worker
The Relationship requirement for a dependent child of a Skilled Worker has no provisions for a child to apply on the basis of P’s partner, unlike previously.SW 30.1. The applicant must be the child of a parent (P) where one of the following applies:
(a) P has permission on the Skilled Worker route; or
(b) P is, at the same time, applying for (and is granted) entry clearance or permission on the Skilled Worker route; or
(c) P is settled or has become a British citizen, providing P had permission on the Skilled Worker route when they settled and the applicant had permission as P’s child at that time.
If P is settled or a British citizen, then a child, without permission as P’s child, cannot apply for entry clearance as a dependant under this Appendix, as SW 30.1. fails.
Moreover, if P’s partner has limited leave, not under Appendix FM, then such a child may also fail the relationship requirements under Appendix FM.
Relationship requirements
Then they apparently expect both P’s partner and P’s child to apply for entry clearances under Appendix FM.E-ECC.1.2. The applicant must be under the age of 18 at the date of application.
E-ECC.1.3. The applicant must not be married or in a civil partnership.
E-ECC.1.4. The applicant must not have formed an independent family unit.
E-ECC.1.5. The applicant must not be leading an independent life.
E-ECC.1.6. One of the applicant’s parents must be in the UK with limited leave to enter or remain, or be being granted, or have been granted, entry clearance, as a partner or a parent under this Appendix (referred to in this section as the “applicant’s parent”), and
(a) the applicant’s parent’s partner under Appendix FM is also a parent of the applicant;or
(b) the applicant’s parent has had and continues to have sole responsibility for the child’s upbringing; or
(c) there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care.