Tier 1, 2, 4 or 5: Join Your Dependent Partner in the UK

If you are the dependent partner of a Tier 1, 2, 4 or 5, migrant in the UK, you could apply to the Home Office to live with your partner whilst they work or study. Our solicitors can advise you as to whether you qualify to come to the UK to join your partner and assist you with submitting a successful application.

Apply to Join Your Partner in the UK with LEXVISA Solicitors

Dependent Partner of a Tier 1, 2, 4 or 5 Migrant

The United Kingdom’s Points Based System (PBS)  is the main route for migrants from outside the European Economic Area to come to the UK to work, study, invest or train. These migrants will be granted either a Tier 1, 2, 4 or 5 visa, depending upon their reasons for coming to the UK.

Under 319 A of the Immigration Rules, you can apply to join your spouse, civil partner, unmarried or same-sex partner who has been granted or is yet to be granted a Tier 1, 2, 4 or 5 visa in the UK. This visa will allow you to live and work in the UK with your partner up until their visa expires or for a period of 3 years.

Requirements to Join a Tier 1, 2, 4 or 5 Migrant in the UK as a Dependent

There are a number of requirements to be met in order to make a successful application to join your partner who is currently in the UK on a Tier 1, 2, 4, or 5 visa.  These requirements are stipulated in 319C of the Immigration Rules and they are as follows:

  • You must not fall for refusal under the general grounds for refusal;
  • Your partner must be a person who:
    (i) has valid leave to enter or remain as a Relevant PBS migrant, or
    (ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant PBS migrant, or
    (iii) has indefinite leave to remain as a Relevant PBS migrant, or is at the same time being granted indefinite leave to remain as a Relevant PBS Migrant.
  • Any previous relationship with another person must have permanently broken down;
  • You and your partner must not be within the prohibited degree of relationship;
  • You and your partner must have been living together in a relationship similar to marriage or civil partnership for a period of at least 2 years;
  • Your relationship with your partner must be subsisting at the time the application is made;
  • You and your partner must intend to live together throughout your stay in the UK;
  • You must have a sufficient level of funds available to you (unless your partner is a Tier 1 Investor or Exceptional Talent Migrant).

Please be advised that there are additional rules and requirements that apply specifically to each Tier; we would ,therefore advise you to seek legal advice in regards to your unique circumstances. Our solicitors can advise you as to whether you meet the requirements to join your partner in the UK and the evidence you will need in order to make a successful application.

Apply for Indefinite Leave to Remain as a Partner of a Tier 1, 2, 4 or 5 Migrant

If you have been living in the UK as the partner of a Tier 1, 2, 4, or 5 migrant, you may be eligible to apply for Indefinite Leave to Remain (ILR) in the UK. Under 319 E of the Immigration Rules you will have to meet the following requirements for your application to be successful:

  • You must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant;
  • Your partner must have or be in the process of being granted ILR as a PBS migrant or be a British Citizen
  • You must have, or have last been granted, leave as the partner of a PBS migrant who:
    (i) has indefinite leave to remain;
    (ii)is, at the same time being granted indefinite leave to remain or
    (iii) has become a British Citizen
  • You and your partner must have been living together in the UK for at least the specified period of time (either 2 or 5 years depending on whether you were granted leave to remain as a partner prior to 9 July 2012)
  • Your relationship with your partner is subsisting at the time of the application
  • You must intend to live with your partner permanently
  • You have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.

As evidenced above, there are a number of requirements to be met if you would like to make a successful application for leave to remain in the UK as the partner of a PBS migrant. Our team of solicitors can assist you all the way through your application process to ensure that you receive the best possible results.

Successful Applications to Join Your Partner in the UK

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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