A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have not been living at the same address in the UK since 2017 but are in a genuine relationship. What effect will this have on their extension application?

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Produced in partnership with Nick Nason of Edgewater Legal

Published on: 16 July 2020

immigration rules, Part 8, para 319C sets out the requirements for partners of Tier 2 (General) migrants when applying for leave to remain. These include that:

‘…(d) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be genuine and subsisting at the time the application is made.
(e) The applicant and the Relevant points based system Migrant or Appendix W worker must intend to live with the other as their spouse or civil partner, unmarried or same-sex partner throughout the applicant’s stay in the UK.’

Note that, in relation to an extension of stay, this intention to live together requirement will also have been a requirement for their preceding application for leave to remain/entry clearance in the category.

The Home Office Policy guidance (version 02/2020) in relation

Nick Nason

Director, Edgewater Legal

Nick is founder and principal lawyer at Edgewater Legal , a firm specialising in immigration solutions for individuals and small companies.

Prior to this Nick was a solicitor and in-house advocate at Luqmani Thompson & Partners (2010-2015), and before this a volunteer at Bail for Immigration Detainees (2009-2010).

In 2016, Nick took a sabbatical and spent time volunteering with the Refugee Legal Aid Program at St. Andrew's Refugee Services (StARS) in Cairo, assisting individuals making initial asylum applications to the UN High Commissioner for Refugees.

Nick regularly writes about immigration law and policy issues for Free Movement , and was funded by the Strategic Legal Fund to provide an analysis of the legality of Operation Nexus , a collaboration between the police and immigration officials aimed at increasing the number of individuals deported from the UK.

Jurisdiction(s):

United Kingdom

Key definition:

Immigration Rules definition

What does Immigration Rules mean?

Statements contained in House of Commons or Command Papers setting out the practice to be followed in the administration of the Immigration Act 1971 for regulating the entry into and stay in the United Kingdom of those who do not have the right of abode (including the period for which leave is given and the conditions attached in different circumstances).

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