Concession Outside the Immigration Rules for Unmarried Partners

Persons present and settled in the United Kingdom, or

Being admitted on the same occasion for settlement, or

Who are in the United Kingdom in a category leading to settlement, or

Who have been granted asylum

This concession gives effect to Immigration Minister, Mr O'Brien's announcement on 10 October 1997, and comes into effect on 13 October 1997. Any application outstanding on 13 October for leave to remain as an unmarried partner will be considered outside the Immigration Rules under this concession. Outstanding appeals will be reviewed on the same basis.

1.          Leave to enter the United Kingdom with a view to settlement as the unmarried partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement.

The requirements for leave to enter in this category are:

(i)   the applicant is the unmarried partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and

(ii)  any previous marriage (or similar relationship) by either partner has permanently broken down; and

(iii) the parties are legally unable to marry under United Kingdom law (other than by reason of consanguineous relationships or age); and

(iv) the parties have been living together in a relationship akin to marriage which has subsisted for four years or more; and

(v)  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

(vi) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(vii)      the parties intend to live together permanently; and

(viii)     the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

Granting leave to enter

A person seeking leave to enter the United Kingdom as the unmarried partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement, may be admitted for an initial period of 12 months under this concession provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.

Refusing leave to enter

Leave to enter the United Kingdom as the unmarried partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

Visa nationals should be refused under HC 395 paragraph 320 (5).

Non visa nationals should be refused under HC 395 paragraph 320 (1).

2.          Leave to remain as the unmarried partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement.

The requirements for leave to remain in this category are:

(i)   the applicant has limited leave to remain in the United Kingdom; and

(ii)  any previous marriage (or similar relationship) by either partner has permanently broken down; and

(iii) the applicant is the unmarried partner of a person who is present and settled in the United Kingdom; and

(iv) the applicant has not remained in breach of the immigration laws; and

(v)  the parties are legally unable to marry under United Kingdom law (other than by reason of consanguineous relationships or age); and

(vi) the parties have been living together in a relationship akin to marriage which has subsisted for four years or more; and

(vii)      the parties relationship pre-dates any decision made to deport the applicant or he has been recommended for deportation or been given notice under Section 6(2) of the Immigration Act 1971; and

(viii)     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

(ix) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(x)  the parties intend to live together permanently.

Granting leave to remain

An extension of stay as the unmarried partner of a person present and settled in the United Kingdom may be granted under this concession for a period of 12 months in the first instance, provided the Secretary of State is satisfied that each of the above requirements is met.

Refusing leave to remain

An extension of stay as the unmarried partner of a person present and settled in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the above requirements is met.

Refusal will be under HC 395 paragraph 322(1).

3.          Indefinite leave to remain for the unmarried partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement.

The requirements for indefinite leave to remain are:

(i)   the applicant was admitted to the United Kingdom or given an extension of stay for a period of 12 months and has completed a period of 12 months as the unmarried partner of a person present and settled here; and

(ii)  the applicant is still the unmarried partner of the person he or she was admitted or granted an extension of stay to join and the relationship is still subsisting; and

(iii) each of the parties intends to live permanently with the other as his or her partner; and

(iv) 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

(v)  the parties will be able to maintain themselves and any dependants adequately without recourse to public funds.

Granting indefinite leave to remain

Indefinite leave to remain for the unmarried partner of a person present and settled in the United Kingdom may be granted under this concession provided the Secretary of State is satisfied that each of the above requirements is met.

Refusing indefinite leave to remain

Indefinite leave to remain for the unmarried partner of a person present and settled in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the above requirements is met.

Refusal will be under HC 395 paragraph 322(1).

4.          Leave to enter or remain as the unmarried partner of a person with limited leave to enter or remain in the United Kingdom under HC 395 paragraphs 128-193; 200-239; or 263-270; or who has been granted asylum

The requirements for leave to enter or remain in this category are:

(i)   the applicant is the unmarried partner of a person who has limited leave to enter or remain in the United Kingdom under HC 395 paragraphs 128 193; 200 239; or 263 270; or who has been granted asylum; and

(ii)  any previous marriage (or similar relationship) by either partner has permanently broken down; and

(iii) the parties are legally unable to marry under United Kingdom law (other than by reason of consanguineous relationship or age); and

(iv) the parties have been living together in a relationship akin to marriage which has subsisted for four years or more; and

(v)  each of the parties intends to live with the other as his or her partner during the applicant's stay; and

(vi) 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

(vii)      the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(viii)     the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his or her partner; and

(ix) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.

Granting leave to enter or remain:

A person seeking leave to enter or remain in the United Kingdom as the unmarried partner of a person with limited leave to enter or remain may be given leave to enter or remain in the United Kingdom under this concession either for an initial period of 12 months or for a period of leave not in excess of that granted to the person with limited leave to enter or remain under HC 395 paragraphs 128-193; 200-239; or 263-270; or who has been granted asylum (whichever is the less) provided he or she is able, on arrival, to produce to the Immigration Officer a valid entry clearance for entry in this capacity, or in the case of an application for limited leave to remain, he or she was admitted with a valid entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the above requirements is met.

An application for further leave to remain in this capacity may be granted under this concession for a period of leave not in excess of that granted to the person with limited leave to remain under HC 395 paragraphs 128-193; 200-239 or 263-270; or who has been granted asylum.

An application for indefinite leave to remain in this category may be granted under this concession provided the applicant was admitted with a valid United Kingdom entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the requirements set out above in 4 (i)-(viii) is met and provided indefinite leave to remain is, at the same time, being granted to the person with limited leave to enter or remain under HC 395 paragraphs 128-193; 200-239; or 263-270; or who has been granted asylum.

Refusing leave to enter or remain

Leave to enter or remain in the United Kingdom as the unmarried partner of a person with limited leave to enter or remain in the United Kingdom under HC 395 paragraphs 128-193; 200-239 or 263-270; or who has been granted asylum is to be refused if, in relation to an application for leave to enter, a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival or, in the case of an application for limited leave to remain, if the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements set out above in 4 (i)-(viii) is met.

An application for indefinite leave to remain in this category is to be refused if the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements set out above in 4 (i)-(viii) is met or if indefinite leave to remain is not, at the same time, being granted to the person with limited leave to enter or remain under HC 395 paragraphs 128-193; 200-239 or 263-270; or who has been granted asylum.

Applications for leave to enter:

Visa nationals should be refused under HC 395 paragraph 320(5).

Non visa nationals should be refused under HC 395 paragraph 320(1).

Applications for leave to remain:

Refusal will be under HC 395 paragraph 322(1).

Comments:
This concession gives effect to Immigration Minister, Mr O'Brien's announcement on 10 October 1997, and comes into effect on 13 October 1997. Any application outstanding on 13 October for leave to remain as an unmarried partner will be considered outside the Immigration Rules under this concession. Outstanding appeals will be reviewed on the same basis.
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