PART IVLEAVE WHICH DOES NOT LAPSE ON TRAVEL OUTSIDE COMMON TRAVEL AREA

F1Partners and children of certain Crown servants etc13B

1

This article applies to a person who has—

a

limited leave—

i

as the partner or child of a British citizen or person who is settled in the United Kingdom under Appendix FM to the immigration rules (“Appendix FM”), or

ii

outside the provision of the immigration rules on the basis of family life under article 8 of the European Convention on Human Rights (“article 8”), or

b

indefinite leave.

2

The period mentioned in article 13(4)(a) does not include any period during which the person is accompanying their partner or parent if—

a

the partner or parent is posted outside the United Kingdom in employment falling within paragraph (3); and

b

the partner or parent—

i

is a British citizen,

ii

has indefinite leave, or

iii

has a right of permanent residence in the United Kingdom by virtue of an enforceable EU right or any provision made under section 2(2) of the European Communities Act 1972.

3

Employment falls within this paragraph if it is—

a

employment in the British Council as a permanent member of that Council; or

b

employment in the permanent service of the Crown of the government of the United Kingdom, in—

i

Her Majesty’s Diplomatic Service,

ii

the Department for International Development, or

iii

the Home Office.

4

In this article—

a

a person’s partner means—

i

in relation to a person to whom paragraph (1)(a) applies, the partner in respect of whom the person has limited leave under Appendix FM or outside the provision of the immigration rules on the basis of family life under article 8;

ii

in relation to a person to whom paragraph (1)(b) applies—

aa

the spouse or civil partner of that person,

bb

the fiancé(e) or proposed civil partner of that person, or

cc

someone who has been living together with that person in a relationship akin to a marriage or civil partnership for at least two years;

b

a person’s parent—

i

in relation to a person to whom paragraph (1)(a) applies, means the parent in respect of whom they have limited leave under Appendix FM or outside the provisions of the immigration rules on the basis of family life under article 8;

ii

in relation to a person to whom paragraph (1)(b) applies, is to be construed in accordance with paragraph 6 (interpretation) of the immigration rules.