Limited Leave to Remain as a Partner

• You must have lived in the UK as the partner of a person present and settled in the UK, or with Refugee Status or Humanitarian Protection in the UK for the past 2.5 years or be applying to remain in the UK as a spouse after coming to the UK on a Fiance visa or after living in the UK on some other form of leave (your cannot switch from a visitors visa unless you have children in the UK who are British or have lived in the UK for at least 7 years and it would not be reasonable to expect them to leave the UK). 
• You must not have left the UK for a period longer than 180 days in any rolling 12 month period.
• You must be able to demonstrate you have adequate accommodation for you, your partner and anybody else living at the same address.
• You must have passed an English Language Test to the required level, unless you are exempt from this requirement.
• You must be able to meet the financial requirement.

You must not

• Be in the UK as a Visitor unless you have a child in the UK who is British or has lived in the UK for 7 years and it would not be reasonable to expect them to leave. Alternatively, that there would be insurmountable obstacles to family life with your partner continuing outside of the UK.
• You must not be subject to a deportation order
• You must not be a person whose presence in the UK is not conducive to the public good.
• Have lied or provided false information or documents during a previous application or failed to declare a material fact.

You must

• Attend any requested interview during your application
• Provide required information
• Provide physical data (biometrics)
• Undergo medical examination if required

• The Applicants partner should be-
  • A British Citizen in the UK;
  • Present and Settled in the UK; or
  • In the UK with Refugee Leave or Humanitarian Protection

• Applicant and partner must be aged over 18
• The applicant and partner must not be within the prohibited degree of relationship
• The applicant and partner must have met in person
• The relationship must be genuine and subsisting
• Any previous relationships from the applicant or their partner must be permanently broken down
• The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so.
• If the applicant is in the UK with leave as a fiancé, there must be a good reason and evidence why the proposed wedding or civil partnership did not take place in this time
• The applicant’s partner cannot be the applicant’s fiancé(e) or proposed civil partner unless they were granted entry clearance as so

• Applicant passport
• Spouse passport
• Marriage Certificate
• Photographs of applicant and spouse together
• Greetings card to one another and addressed to you both
• Divorce certificate from previous relationship (if applicable)
• Signed spouse declaration
• Applicants Biometric Residence permit
• Supporting letters from family and friends
• Correspondence for both the applicant and partner over the past 2.5 years, showing they have resided at the same address
• Photos of all bedrooms, living rooms and dining rooms in the property
• If rented:
  • Tenancy agreement
  • Letter from landlord – if applicant not named on tenancy agreement, consenting to them living there
• If Owned:
  • House deeds
  • Latest mortgage Statement
• English language level A2 certificate if applying for leave to remain after 2.5 years in the UK as a spouse. If this is your first period of leave in this category you will need A2 English Langauge test;
  Or
  A UK taught Bachelor’s, Master’s or PhD level degree

This is not an exhaustive list and depends on the circumstances of the individual case.

E-ECP.3.1. The applicant must provide specified evidence, from the sources listed in paragraph E-ECP.3.2., of-

(a) a specified gross annual income of at least-
(i) £18,600;
(ii) an additional £3,800 for the first child; and
(iii) an additional £2,400 for each additional child; alone or in combination with

(b) specified savings of-
(i) £16,000; and
(ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income from the sources listed in paragraph E-ECP.3.2.(a)-(d) and the total amount required under paragraph E-ECP.3.1.(a)

You may be claim an exemption from the financial requirement if you are in receipt of a qualifying benefit.

Employed

If you have worked for the same employer for at least 6 months – payslips covering the past 6 months prior to the application

Or

If you have not worked for the same employer for at least 6 months – payslips covering the past 12 months prior to the application

• Letter from employer(s) who issued the payslip confirming your employment and gross annual salary, the length of your employment, the period you have been paid the level of salary you have relied on for your application and they type of employment (permanent, FTC or agency)
• Personal bank statements covering the same 6 month / 12 month period as your payslips, showing your salary being paid into an account in the name of the person either solely or jointly with their partner
• Your most up to date P60 and signed contract of employment

Self-Employed as a Partner, a Sole Trader or in a Franchise

• Evidence of the amount of payable tax for the last full financial year
• Annual self assessment tax return
• Statement of account (SA300 or SA302)
• Proof of registration with HMRC as self-employed
• Each partner’s Unique Tax Reference Number (UTR) and/or the UTR of the partnership or business
• Business bank statements (if a business bank is held) for the same 12 month period as the tax returns
• Personal bank statements covering the same 12 month period as the tax return, showing self employed income
• Evidence of ongoing self employment – E.g., personal/business bank statements to date, renewal of license to trade, payment of business rates, business related insurance premiums, employer NI contributions, etc.
• One of the following:
  • If business is required to produce annual audited accounts, then these must be provided for the last full financial year;
  • If company is not required to produce audited accounts, then unaudited accounts for the full financial year along with an registered accountants certificate of confirmation;
  • Certificate of VAT registration and the VAT return confirming VAT registration number (if turnover was higher than £79,000 threshold);
  • Evidence to show appropriate planning permission or local planning authority consent is held to operate the type/class of business at the trading address (where this is a local authority requirement);
  • A franchise agreement signed by both parties (must be provided if you are part of a franchise)

Self-Employed with shares in a Limited Company

• Company Tax Return CT600 for the last full financial year and evidence it has been filed (written or emailed confirmation of receipt by HMRC)
• Evidence of registration with Registrar of Companies House
• If business is required to produce annual audited accounts, then these must be provided for the last full financial year
• If company is not required to produce audited accounts, then unaudited accounts for the full financial year along with an registered accountants certificate of confirmation
• Business bank statements for the same 12 month period as the CT600
• Current Appointment Report from Companies House
• One of the following:
  • Certificate of VAT registration and the VAT return confirming VAT registration number (if turnover was higher than £79,000 threshold);
  • Proof of ownership or lease of business premises (if applicable)
  • Proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance, Proof of PAYE reference number and Accounts Office reference number.
• Where registered as a director, an employee or both, and receives a salary from the company, the following must be provided:
  • Pay slips and P60 (if issued) covering same period as the CT600
  • Personal Bank statements covering same period as CT600 to show payment of salary
• Where person receives dividends, the following must be provided:
  • Dividends vouchers for the same period as the CT600 showing person’s details and net dividend amount
  • Personal bank statements showing that the dividends were paid into an account in the persons name
• Evidence of ongoing Self-Employment
  • E.g., personal/business bank statements to date, renewal of license to trade, payment of business rates, business related insurance premiums, employer NI contributions, etc.

Cash Savings

• The savings must be held in any form of bank/savings account, provided that the account allows for the savings to be accessed immediately. This can include savings held in a pension savings account which can be withdrawn immediately.
• Paid out competition winnings or a legacy which has been paid can contribute to cash savings
• Funds held as cash savings by the applicant, their partner or both jointly at the date of application can have been transferred from investments, stocks, shares, bonds or trust funds within the 6 month period prior to the application, provided that:

• • The funds have been in ownership and control for at least the 6 month period

• • Funds in the form of investments, stocks, shares, bonds or trust funds the cash value of the funds in that form at or before the beginning of the period of 6 months prior to the date of application; and the transfer of the funds into cash, are evidenced by a portfolio report or other relevant documentation from a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating.

• Funds held in cash savings can be the proceeds of the sale of a property, in the form of only a dwelling, other building or land, which took place in the 6 month period prior to application date if:

• • The property was owned at the beginning of the 6 month period prior to the application date and the date of the sale by the applicant, their partner or both jointly

• • Where ownership was shared with a third party, only the proceed of the sale of your share of the property will be included

• • The funds deposited as cash savings are the net proceeds of the sale, once the mortgage or loan secured on the property has been repaid and once any taxes and professional fees have been paid.

• • Evidenced by:

• • • Registration information or documentation from the Land Registry
    • A letter from a solicitor instructed in the sale of property, confirming the sale price and other relevant information
    • A letter from a lender, on its headed stationary, regarding repayment of mortgage or loan secured on property
    • Confirmation of payment of taxes or professional fees associated with the sale
    • Any other relevant evidence