Common-law partners of people with limited leave to remain in the UK

Common-law partners of people with limited leave to remain in the UK

Some people who are temporarily resident in the U.K. can invite their common-law partner to reunite/accompany them in the U.K. As a dependent of a person with limited leave to remain, the common-law partner may take up employment or self-employment for the duration of his or her leave to remain (depending on the sponsor’s immigration category). Normally, applicants will receive a visa which is the same validity period as the sponsor’s visa and the applicant is expected to leave the country with the sponsor if the sponsor has no intention of settling in the UK. However, if the sponsor has the option to settle permanently and applies for it, the dependents may also settle in the UK with the sponsor. In this case, the rules relating to victims of domestic violence do not apply.

Appeals (for overseas and domestic applications)

Applicants whose visa applications are rejected will be granted full appeal rights, provided that no other leave to remain in the UK is granted at the time of the decision. However, in these appeals, applicants will not be allowed to use new evidence to challenge the Home Office’s decision that was not originally submitted as part of the visa application submitted and rejected. The applicant will have 10 working days from the date of service of the decision to appeal that decision.

It is strongly recommended that you seek professional assistance in appealing any decision.

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