UK Immigration Law
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Thank-you for your question. I have not read the answer given by INC so you can be assured that the following answer represents independent advice.
Provision is made within the Immigration Rules at paragraph 295AA for unmarried partners of Relevant Points Based System Migrants to be granted leave to remain in the UK ('Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 Migrant or a Tier 5 (Temporary Worker) Migrant and would therefore include your partner).
The requirements for leave to remain as a dependent of a Relevant Points Based System Migrant are set out in paragraph 319C of the Immigration Rules. To qualify for leave to remain as the Partner of a Relevant Points Based System Migrant an applicant must meet the requirements listed below. Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant. (b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who: (i) has valid leave to enter or remain as a Relevant Points Based System Migrant, or (ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant. (c) An applicant who is the unmarried partner of a Relevant Points Based System Migrant must also meet the following requirements: (i) any previous marriage or civil partnership or similar relationship by the applicant or the Relevant Points Based System Migrant with another person must have permanently broken down, (ii) the applicant and the Relevant Points Based System Migrant must not be so closely related that they would be prohibited from marrying each other in the UK, and (iii) the applicant and the Relevant Points Based System Migrant must have been living together in a relationship similar to marriage or civil partnership for a period of at least 2 years. (d) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made. (e) The applicant and the Relevant Points Based System Migrant must intend to live with the other as their spouse or civil partner, unmarried or same-sex partner throughout the applicants stay in the UK. (f) The applicant must not intend to stay in the UK beyond any period of leave granted to the Relevant Points Based System Migrant . (g) Unless the Relevant Points Based System Migrant is a Tier 1 (Investor) Migrant, there must be a sufficient level of funds available to the applicant, as set out in Appendix E. (h) An applicant who is applying for leave to remain, must have, or have last been granted, leave: (i) as the Partner of a Relevant Points Based System Migrant, (ii) as the spouse or civil partner, unmarried or same-sex partner of a person with leave under another category of these Rules who has since been granted, or is, at the same time, being granted leave to remain as a Relevant Points Based System Migrant, or (iii) in any other category of these Rules, provided the Relevant Points Based System Migrant has, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory on the basis of having met the requirement at paragraph 245ZQ(b)(ii). (i) If the Relevant Points Based System Migrant is a Tier 4 Migrant, the Tier 4 Migrant must be applying 4 for or have entry clearance or leave to remain for a course of study that is longer than six months.
Unfortunately it appears from your immigration history that since you are currently in the UK on a Tier 1 PSW visa yourself, then you will be unable to satisfy the requirements of paragraph 319C(h) of the Immigration Rules above. This means that any in-country application for leave to remain will be unsuccessful. However, the good news is that paragraph 319C also sets out the requirements for entry clearance as an unmarried partner of a Points Based System Migrant and paragraph 319C(h) would not apply to an application for entry clearance because it states that it only applies to applications for leave to remain. Therefore, if you think that you can meet all the other requirements of paragraph 319C then the best way forward for you is to leave the country for a short period and re-apply from abroad for entry clearance to come back in as an unmarried partner of a Points Based System Migrant. You would be granted entry clearance for a period which expires on the same day as the leave granted to your unmarried partner, with the possibility of subsequently applying for indefinite leave to remain in the UK under paragraph 319E of the Immigration Rules.
I hope this has answered your question. Please kindly click ACCEPT so that I may be rewarded for my time. I will then be happy to answer any follow-up questions that you may have. Thank-you.
Thank you very much for your Expert opinion on this matter.
What documents do I need to provide for the unmarried partner dependant visa application? I have evidence in the form of joint rental agreements, financial association in my credit report, water, energy, and council tax bills over a 4-year period (although there have been a couple of breaks in between in the case of some documents). I can also show bank account and credit card statements for both of us at the same addresses over the 4-year period in question (although they are not in joint names), tv license, telephone bills, car insurance and registration documents. Do you think all of these would be enough? Do I need to submit photographs as well? How many documents from each source do I have to show?
Also, how much funds do I need to show (£1600 or £533) considering the fact that my partner went to India on holiday for 1 month in September 2009 and then came back to the UK (she has been here since Sept 2005 on a student visa and before her student visa expired, she applied for leave to remain in the UK as a Post Study Worker in December 2009 which was granted in January 2009) ? Would she be considered as having lived in the UK for more than 12 months and therefore only have to show £533 for her dependant?
I would really appreciate it if you could clear my doubts on this issue.
If you have not already read it, you may like to have a look through the UKBA Policy Guidance on Points Based System Dependant applications. I think you will find that it answers all the questions that you have. See for example paras 40-44 on the maintenance requirement. It can be downloaded here:
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