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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I need help interpreting rule 319E part c of the immigration

Customer Question

I need help interpreting rule 319E part c of the immigration law, relating to when partners qualify for ILR. My questions are as follows.
(1) Why does it specify, in part b, that you have to be the Partner of that Relevant Points based migrant whereas in part c), it states that you are the spouse, civil partner, etc....

(2) What does "where applicable" refer to? i.e., is there a scenario where part "c" isn't applicable?

(3) What if (in part c) that person never had leave in another category.....does that mean that part "c" is not applicable??


Thanks!


(a) have been in a relationship with the same Relevant Points Based System Migrant for this entire period,
(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e), and
(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Rule 319E applies to Partners/Dependants of Points based scheme migrants and paragraph c requires the Partner/Dependant to be on a dependant visa/leave to remain as the spouse/partner of a Points based migrant who already has been granted ILR or is applying for ILR at the same time as the Dependant, or is a British Citizen after holding ILR granted on the basis of being a points based scheme migrant.

May I help further?

Customer: replied 2 years ago.

Thanks for summarizing rule 319E. My questions (1-3) are quite specfic. Are you able to answer them?

Customer: replied 2 years ago.

Relist: Incomplete answer.

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