Post
by ijamesf » Tue Jul 02, 2013 12:30 am
Within Chapter 8 Appendix FM - Annex 1.0 partners it states
3.2 LEAVE TO REMAIN AS A PARTNER
3.2.1 Requirements for limited leave to remain as a partner
The requirements to be met by an applicant for leave to remain as a partner of a British Citizen; a person present and settled in the UK; or a person in the UK with refugee leave or humanitarian protection under paragraph R-LTRP.1.1 of Appendix FM are that:
(a) the applicant and their partner must be in the UK;
However further down it states
Where limited periods of time have been spent outside of the UK, this must be for good reasons and the reasons must be consistent with the intention to live together permanently in the UK. Good reasons could include time spent in connection with the applicant‟s or their partner‟s employment, holidays, training or study.
If they have spent the majority of the period overseas, there may be reason to doubt that all the requirements of the rules have been met, e.g. that the couple intend to live together permanently in the UK. Each case must be judged on its merits, taking into account reasons for travel, length of absence and whether the applicant and sponsor travelled and lived together during the time spent outside the UK. These factors will need to be considered against the requirements of the rules.
Is this not contradictory?
