13.14 - Unmarried (i.e. opposite sex) and same-sex partners and how they qualify wrote:
13.14 - Unmarried (i.e. opposite sex) and same-sex partners and how they qualify (Rules Paragraph 295A) [Updated 17 March 2008]
The Rules allow for persons who are not married or in a civil partnership to join a partner who is settled there provided certain conditions are met. The Rules also apply to partners of sponsors in the UK who have limited leave to enter or remain in the following categories:
Work Permit holders, overseas media representatives, sole representatives, private servants in diplomatic households, overseas government employees, Ministers of Religion, airport-based operational ground staff, UK Ancestry (Rules Paragraphs 128-193), businessmen/businesswomen, self-employed, investors, writers, composers, artists (Rules Paragraphs 200-239), retired persons of independent means (Rules Paragraphs 263-270) and EEA nationals.
The requirements are as follows:
* the applicant is the unmarried or same-sex partner (i.e. not married to or in a civil partnership with the sponsor) of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and,
* the sponsor and the applicant are aged 21 or over;
* any previous marriage/civil partnership (or similar relationship) by either partner has permanently broken down; and,
* there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and,
* the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for 2 years or more; and,
* the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and,
* the parties intend to live together permanently.
For the applicant to qualify for indefinite leave to enter (Rules Paragraph 295A(b)), you must also be satisfied that:
* the couple has been living together outside the UK for over four years;
* the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is aged 65 or over at the time he makes his application (see Paragraph 13.15)
Posts should be conscious that some individuals might be reticent about applying under this section of the Rules. These and other settlement applications should be handled sensitively and with discretion.
However, if Posts receive entry clearance applications in respect of unmarried or same-sex relationships where there are children and/or the relationship may be less than 2 year’s duration, such applications may be referred to NCC2 for consideration outside the Rules where compelling compassionate circumstances exist. Full supporting details should accompany such referrals.
The following gives detail on the terminology and required levels of documentation for the guidance of ECOs considering applications.
Previous marriage/civil partnership or similar relationship has permanently broken down
Each of the parties to the unmarried or same-sex partnership is required to provide evidence regarding any previous marital or other relationship akin to marriage/civil partnership they have had. They should be asked to specify how long ago the previous relationship was terminated, either by divorce/dissolved civil partnership or by separation.
The parties having been living together in a relationship akin to marriage/civil partnership which has subsisted for two years or more.
"Living together", should be applied fairly tightly, in that we would expect a couple to show evidence of cohabitation in the preceding 2 year period. Periods apart would be acceptable for good reasons, such as work commitments, or looking after a relative which takes one partner away for up to 6 months where it was not possible for the other partner to accompany and it can be seen that the relationship continued throughout that period by visits, letters etc. Where a couple have been living together for the preceding 2-year period but have been dividing their time between countries and may, for example, have used the "visitor" category, then this will be sufficient to meet the requirement.
"Akin to marriage or civil partnership", is a relationship that is similar in its nature to a marriage or civil partnership which would include both unmarried and same-sex relationships.
In order to demonstrate a 2-year relationship evidence of cohabitation will be needed. In order to show a relationship akin to marriage/civil partnership, ECOs should look for evidence of a committed relationship. The following types of evidence would be useful in this respect:
* joint commitments, (such as joint bank accounts, investments, rent agreements, mortgage, death benefit etc);
* if there are children of the relationship, a record of their birth entry;
* correspondence which links them to the same address;
* any official records of their address (e.g. Council Tax, Doctors records, DWP record, national insurance record etc);
* any other evidence that adequately demonstrates their commitment to each other.
It will not be necessary to provide all of the above: ECOs are looking for satisfactory evidence of relationship.
Appeals
Unmarried and same-sex partner settlement refusals attract a full right of appeal. (Third country unmarried and same-sex spouses of EEA nationals have no right of appeal under the 2000 EEA Regulations).
Unmarried and same-sex partners of UK accredited diplomats
See Chapter 5.
13.15 - Knowledge of Language and Life in the UK (KOL) [Updated 29 July 2008]
As of 2 April 2007, all adults aged 18-65 applying for settlement in the UK need to demonstrate 'knowledge of language and life in the UK' in addition to meeting the usual requirements for settlement. This will also affect spouses/civil partners and unmarried/same-sex partners who previously qualified for ILE under Rules Paragraphs 281(i)(b) and 295A(i)(b). Since 2 April 2007 these applicants must also provide evidence that they have satisfied the KOL requirement before ILE can be granted.
Applicants can satisfy the KOL requirement in one of two ways. By either:
* Taking the 'Life in the UK' test (if the applicant already has the required standard of English language), or
* Taking an approved English for Speakers of Other Languages course (ESOL) including specific citizenship content.
Applicants must produce evidence that they have passed the 'Life in the UK' test or completed an approved ESOL course before ILE can be granted. Both the 'Life in the UK' test and the approved ESOL courses can only be taken in the UK.
Where an applicant has satisfied all of the requirements for ILE except the KOL requirement, they should be granted 27 months LTE. During this time they can, at any point, satisfy the KOL requirement in the UK and apply for ILR.
