UK Visa Requirements for Partners of Crown Servants on Overseas Postings
To apply to enter or remain in the UK under Appendix FM as the partner of a British citizen or settled person, there is a requirement that the Applicant and Sponsor must intend to live together permanently in the UK.
At the entry clearance stage, the requirement is to intend to live together permanently in the UK. If applying for further leave as a partner from within the UK or indefinite leave to remain as a partner, an applicant must show this intention again, but must also show evidence that since their last grant of leave, they have continued to leave with their British sponsor in the UK. If they have not, then they must show there is a good reason for this, consistent with an intention to live together in the UK.
However, for partners of Crown Servants on an overseas posting, this requirement is different. This post will outline how the intention to live together in the UK differs in these circumstances, and the evidential requirements for addressing this requirement.
Definition of intention to live together permanently in the UK
Paragraph 6 of the Immigration Rules defines this intention as:
“Intention to live permanently with the other in the UK” or “intend to live together permanently in the UK” means an intention to live together, evidenced by a clear commitment from both parties that they will live together permanently in the UK immediately following the outcome of the application in question or as soon as circumstances permit thereafter. […] Where an application is made under Appendix FM and the sponsor is a permanent member of HM Diplomatic Service, or a comparable UK-based staff member of the British Council, the Foreign, Commonwealth and Development Office or the Home Office on a tour of duty outside the UK, the words “in the UK” in this definition do not apply.”
Entry Clearance as a Partner of a Crown Servant
Paragraph E-ECP.2.10. requires that “the applicant and partner must intend to live together permanently in the UK.”
However, the definition above confirms that the words in the UK do not apply where the Sponsor is a permanent member of HM Diplomatic Service, or a comparable UK-based staff member of the British Council, the Foreign, Commonwealth and Development Office or the Home Office on a tour of duty outside the UK. Therefore, an applicant and sponsor would only need to show an intention to live together permanently, not an intention to live together in the UK.
The Family life (as a partner or parent) and exceptional circumstances Guidance (“The Guidance”) goes on to state on page 26:
“Where an application is made under Appendix FM and the sponsor is an employee of the UK Government, a Northern Ireland department, the Scottish Administration or the Welsh Government, or a permanent member of the British Council on a tour of duty outside the UK, the words ‘in the UK’ in this definition do not apply.
Under Appendix FM, the partner of an employee of the UK Government, a Northern Ireland department, the Scottish Administration or the Welsh Government, or a permanent member of the British Council on an overseas tour of duty can serve their probationary period overseas once they have been to the UK to trigger the start of that period, subject to providing the specified evidence set out in paragraph 26A of Appendix FM-SE. Therefore, if the applicant is the partner of such a person and has been living with them whilst they have been posted overseas, it will normally be accepted that this is consistent with the intention to live together permanently in the UK, subject to provision of the specified evidence.”
This guidance confirms that the definition applies to any UK Government employee on a tour of duty outside of the UK. It additionally confirms that an applicant must come to the UK to commence their leave, but can return overseas to join their partner on their posting.
Extending Leave and Indefinite Leave to Remain as a Partner of a Crown Servant
Paragraph E-LTRP.1.10. requires that in an application for further leave as a partner or indefinite leave to remain, 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.”
The Guidance states on page 26, following on from the guidance above:
“Therefore, if the applicant is the partner of such a person and has been living with them whilst they have been posted overseas, it will normally be accepted that this is consistent with the intention to live together permanently in the UK, subject to provision of the specified evidence. The applicant must, however, prior to their leave expiring, return to the UK to make an application for further limited leave to remain of 30 months or for indefinite leave to remain, as appropriate.”
Therefore, if an applicant lives abroad with their partner who is on overseas posting as a crown servant, their application will be assessed differently as they do not need to show that they have lived with their partner in the UK, so long as the specified evidence below is provided. They are permitted to live abroad during their sponsor’s tour of duty overseas but must return to the UK to make the applications for further leave and indefinite leave to remain.
Specified Evidence – Appendix FM-SE
Appendix FM-SE sets out the specified evidence required in an Appendix FM application. Paragraph 26A of Appendix FM-SE to the Immigration Rules sets out the specified evidence required for partners of crown servants based overseas:
“Evidence of the Applicant Living Overseas with a Crown Servant
26A. Where:
(a) An applicant for entry clearance, limited leave to enter or remain or indefinite leave to remain as a partner under Appendix FM (except as a fiancé(e) or proposed civil partner) or Appendix Settlement Family Life intends to enter or remain in the UK to begin their probationary period (or has done so) and then to live outside the UK for the time being with their sponsor (or is doing so or has done so) before the couple live together permanently in the UK; and
(b) the sponsor, who is a British Citizen or settled in the UK, is an employee of the UK Government, a Northern Ireland department, the Scottish Administration or the Welsh Government, or a permanent member of the British Council on a tour of duty outside the UK,
the applicant must provide a letter on official stationery from the sponsor’s head of mission confirming the information at (a) and (b) and confirming the start date and expected end date of the sponsor’s tour of duty outside the UK.”
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