Partners applying for indefinite leave to remain under Part 8: eligibility table

Produced in partnership with Jo Renshaw of Turpin Miller
Practice notes

Partners applying for indefinite leave to remain under Part 8: eligibility table

Produced in partnership with Jo Renshaw of Turpin Miller

Practice notes
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This Practice Note sets out the requirements for applications for Indefinite leave to remain (ILR) under Part 8 of the Immigration Rules as the spouse, civil partner, unmarried or same-sex partner of a British citizen or settled person (including former refugees and those who have been granted humanitarian protection).

The table below provides a quick reference point and summary of the requirements, but further guidance can be found in the Practice Notes: Adequate maintenance, Adequate accommodation and Partners: the relationship requirements.

There is extensive Home Office guidance on Part 8 applications available in the Immigration Directorate Instructions (IDIs).

It should be noted that the guidance on ‘genuine and subsisting relationships’ as set out in the relevant Appendix FM guidance applies in full to applications under Part 8.

See Practice Note: Partners applying for Leave to remain: procedure for details on the relevant application procedure.

Who can apply under Part 8?

Only those who were last granted leave under the following paras of the Immigration Rules can apply for

Jo Renshaw
Jo Renshaw

Jo has practised exclusively in Immigration law since qualification in 1993. She is qualified to practice in both Australia and the United Kingdom and has worked as an immigration solicitor for many years in both jurisdictions.

She joined Turpin and Miller Solicitors in 2005, becoming a Partner in 2008. She has been head of the firm's large Immigration Team since 2007. She has worked as a Peer Reviewer in the Immigration category and is one of only a small number of Immigration practitioners accredited by the Law Society at Advanced Level.

Jo's practice is broad based and covers all aspects of immigration and asylum law. She is a member of the firm's specialist Skilled Migration Team and has a particular interest in Points Based matters. Throughout her career she has also had a keen interest in Asylum work, heading the Refugee Advice Service at a national level in Australia prior to returning to the UK. She has maintained this expertise at Turpin and Miller, acts as external legal advisor to an asylum charity based in Southampton and gives training on all aspects of asylum law to charities, social services departments and other voluntary bodies.

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Jurisdiction(s):
United Kingdom
Key definition:
Indefinite leave to remain definition
What does Indefinite leave to remain mean?

Leave under the Immigration Act 1971 (IA 1971) to enter or remain in the United Kingdom which is not limited as to duration: see IA 1971, s 33(1).

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